The Book

Seeking asylum in the United States can be a long, difficult, and confusing process. Even if you have a lawyer to represent you, navigating the asylum system can be a challenge. Asylum law expert Jason Dzubow has helped hundreds of people obtain protection in the United States. Since 2010, he has been writing about asylum issues and answering questions on his blog The Asylumist. In this new book, The Asylumist: How to Seek Asylum in the United States and Keep Your Sanity, Mr. Dzubow has collected his most helpful and popular blog posts, updated them, and sorted them by topic.

This book covers issues such as presenting an effective application for asylum and avoiding common pitfalls, alternative paths to obtaining legal status in the United States, how to work effectively with a lawyer, and how to find a pro bono (free) attorney to assist with your case. The Asylumist walks you step-by-step through the process at the Asylum Office, the Immigration Court, and the Board of Immigration Appeals, and helps you better understand such issues as traveling outside the U.S. while your case is pending or after asylum is granted, working with an interpreter, and how to deal with delay.

Mr. Dzubow also provides advice for lawyers interested in an asylum law career and discusses how the Biden Administration can improve our nation’s dysfunctional asylum system.

Whether you are thinking about filing for asylum or already have a case pending before the Asylum Office or the Immigration Court, The Asylumist: How to Seek Asylum in the United States and Keep Your Sanity will help you better understand the process and will empower you to present the best possible application for protection in the United States.

To learn more or purchase a copy of the book (paperback or e-book), please visit The Asylumist: How to Seek Asylum in the United States and Keep Your Sanity

For media inquiries, please contact Mr. Dzubow at JDzubow@DzubowLaw.com or (202) 328-1353.

All profits from this book will be donated to asylum-related non-profits. 

Praise for The Asylumist: How to Seek Asylum in the United States and Keep Your Sanity

“[A]n essential ‘problem-solving tool’ for asylum applicants, attorneys, policy makers, and anyone interested in ensuring that asylum seekers obtain the protection that they need and deserve….” Paul Wickham Schmidt, Former Chair, Board of Immigration Appeals

“Jason Dzubow is a thoughtful and balanced voice…. he offers pragmatic advice and valuable insights on asylum and many other issues in the immigration arena.” MaryBeth Keller, Former Chief Immigration Judge of the United States

“Providing life-saving information to asylum seekers…. Accessible and easy to digest….” Léonce Byimana, Executive Director, Torture Abolition and Survivors Support Coalition International

“Jason’s clear, practical, and often-times-entertaining approach to explaining the U.S. asylum application process is both helpful and refreshing during a time of chaos and dysfunction for those seeking protection in the United States.” Dree K. Collopy, Author of AILA’s Asylum Primer

“Written by one of the nation’s foremost experts on asylum law, Jason Dzubow’s The Asylumist: How to Seek Asylum in the United States and Keep Your Sanity provides clear, straightforward advice on how to navigate all aspects of the asylum process in ways that maximize the possibility of success.” Kathy Doan, Executive Director, Capital Area Immigrants’ Rights Coalition

“Jason Dzubow… has managed to make the labyrinth of US asylum law clear and approachable with procedural insights and case anecdotes that make the reader feel not just enlightened but represented…. The plain speaking in this manual is both accessible and inspirational, with uplifting reminders about why we open our arms and hearts to those seeking protection from persecution in other lands.” Judith G. Edersheim, Founding Co-Director, The MGH Center for Law, Brain and Behavior, Harvard Medical School

“[O]ne of the country’s top experts in asylum law shares his knowledge in a readable and easy-to-understand format.” Ahmad Sear Zia, Anchor and Editor, Voice of America

“Having been both a Supervisory Asylum Officer and an Immigration Judge, I can attest that he touches on the most crucial issues for anyone navigating our government’s asylum process.” Judge Paul Grussendorf (Retired), Author of My Trials: Inside Americas Deportation Factories

“This book contains helpful practical advice that will benefit asylum seekers, attorneys, and law students.” Stephen Yale-Loehr, Professor of Immigration Law Practice at Cornell Law School and Co-Director of the Cornell Law School Asylum and Convention Against Torture Appellate Clinic

The Asylumist synthesizes a wealth of information and perspectives from Jason Dzubow’s many years of work as a recognized advocate for asylum seekers. It is sure to become a valuable, go-to resource.” Katharine Clark, Managing Attorney for Immigration, Ayuda-Maryland

372 comments

  1. Hi
    I have question. I have applied for affirmative asylum category-3 three years back. No interview nothing yet.
    Today I checked my asylum case online saying that your case is pending.

    What does it mean ?

    I would really appreciate your kind response.

    Thanks

    Reply
    • USCIS recently made it possible to check case status online. I did a post about that on January 23, 2019. Your message just means that your case is pending (which you already knew). Take care, Jason

      Reply
    • Hi Jason. I have my asylum interview coming up first week of June. This is the second time i’ll go before a judge as I filed appeal against an IJ first decision. I won’t the appeal and now going before a different judge. I do have a lawyer. I’m not only nervous but also feel like helpless. My biggest concern is a membership card that I have gotten in my country right after I got my visa. I have it to prove my appartenance to a student association. My lawyer is telling me that I might loose the case because of that. However I did belong to that association long time ago before I got my visa. I did continue to fight my home country government while in the US. My question is this really undermining my case? Thanks for the help.

      Reply
      • I cannot tell from your email – normally, if you have evidence of membership in a group that your government does not like, that is a good thing for the case, but it depends on the case. Without knowing more, I really cannot give you an opinion. Take care, Jason

        Reply
  2. Hello Jason,
    I have a question. And i would be very grateful if you could answer me.
    I have a master hearing on June 24 in New Jersey, but i recently moved to Florida. I already send my change of address (form EOIR-33/IC). And I would like to have my hearing to be in Florida too. Is it possible to change courts? Do i have to submit any other documentation so my hearing would be transferred?
    Thank you in advance.

    Reply
    • Sometimes, the court will move the case based on a change of address, but normally, you (or better, your lawyer) need to file a motion to change venue. For that, you need to submit some evidence of the new address. You should try to find a lawyer to help you in FL and to move the case. The sooner you do this, the better, as it is a bad idea to try to move the case at the last minute. If the case does not get moved, then you have to attend in NJ. If you fail to attend, the judge would order you deported, so it is preferable to find a lawyer and file the motion as soon as possible. Take care, Jason

      Reply
  3. Hello Jason,

    Thanks for all the effort you put into this blog.

    Here is my question. A friend emigrated from Russia in1991 or 1992; she was granted asylum. Recently, he was speculating about whether there was any way that she might have missed applying for or qualifying for any financial support as a person who was granted asylum, and if there is any possibility that she would be able to collect an asylum award retroactively. Is this possible, or do you know of any other financial awards that asylum grantees might qualify for many years after having gained asylum and then gone on to full American citizenship. If these questions are somehow not within your purview, perhaps you could point me to sources that would know. My friend told me that she was too proud to accept financial help;she struggled for years, but finally assimilated. As I understand it, my friend said that at the time financial awards to asylum grantees were $800-$900 per month, for a period of 2-3 years, with some grantees also gaining college grants to 2-and-4 year colleges, with additional financial support.

    Thanks in advance for any help.
    Phil

    Reply
    • I think it is extremely unlikely that any such benefits can be collected after the fact. I suppose the only possibility would be to contact the relevant government agencies and ask. I wrote a post on May 16, 2018 that may have some links to the relevant agencies. Take care, Jason

      Reply
  4. Hi Jason, I moved to Montana from California and now I have to renew my EAD, So I am not sure if I have to apply from California or I can do it from Montana as well. I had my Interview in March 2018 and Its still pending Decision. I have not changed my address yet but I have family in California where I was living before. Can you Please let me know What I should do?? Should I move my case to Montana Immigration office or just wait till I get my decision.
    Thank You So much.

    Reply
    • You are required to change your address if you move, so it is probably safest to do that. Unless you get a new interview, which is not very common, your case would be decided by the asylum office in CA. If you change your address, you should apply for the EAD using your current address. That is safest and most convenient. Take care, Jason

      Reply
      • Thank you so much Jason!

        Reply
  5. Hi Jason,
    I have a question regarding my asylum case. hope you will answer. I had interviewed in August 2018. I have requested to decision to be mailed. the officer gave me a paper after an interview. it was written in the paper you can apply for an EAD under 8 CFR 208.7.(a)1. I applied my first initial EAD in November 2018. I received EAD card approval class with A05 and unrestricted Social card in January 2019. when I checked online status, its still decision pending. what could be the best further process with this scenario for me.
    thanks,
    Sita

    Reply
    • The a-5 category is for asylum approved (c-8 is for asylum pending). This may be a good sign – contact the asylum office to ask about the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  6. Hello, Jason!
    Thank you a lot for your web site about political asylum, its really helpful.

    I submitted my asylum case on October 2014, and still waiting for an interview.
    I have a question – can you check my case, the evidence that i submitted, and give me an advise about and opinion about my case?
    If so – how much will it cost?

    Also – can you attend an interview with me, when the time of the interview comes (Miami asylum office)?
    If yes – how much will it cost?

    Thank you!
    Regards!

    Reply
    • Most lawyers will not review an existing case, as it potentially makes us liable for the whole case. I can do a consult about the case. The fee for a phone consult is $200. As for attending an interview, it is not very efficient, as I am in Washington, DC. If you would like a consult, you can contact my assistant Sinit at SHaile@DzubowLaw.com. Take care, Jason

      Reply
  7. Hi Jason sir,
    I came to USA on November 15 thru student visa. But for some reason I didn’t attend school so, one of my friend asked me to apply for asylum and did that.i got a fingerprint on December 15.i was wondering how long it takes to get my EAD card? And if I married to us citizens (while asylum pending) how long it will take to get my EAD and green card?

    Reply
    • You can apply for the EAD 150 days after the date on your asylum receipt. It then usually takes 1 to 3 months to receive the card. If you win asylum before that time, you can work legally immediately. If you apply for a GC based on marriage to a US citizen, you usually have the EAD in 3 to 5 months. Take care, Jason

      Reply
  8. Hi, i always follow your web blog, I have question if you can answer me please.. i applied for asylum in 2015, i got 2 times EAD as well, but i still didnt have my interview, Im living very stressful life, a lot of my friends who applied in 2015 they already had interview and got approval too from same state we applied.. i dont know what to do,

    Reply
    • It is based on the backlog, and many people from 2015 are still waiting. You can try to expedite. I wrote about that on March 30, 2017. Take care, Jason

      Reply
  9. I will come Virginia VA of B2 Visa by next year with my family (Wife, Son and daughter). My son is 6yrs old, daughter 1year old. My asylum case related to threat of from political party of my country and I cannot go back my home country. Please help me
    My name is Amir, I am from Karachi – Pakistan, I am married since 21st Feb 2003, I live in Qatar for the last 10 years with my wife and a 6 year old boy and a 5 months old daughter. I wish to request for Asylum in US as I fear of being torture if I will return to Pakistan. I wish to apply to asylum since in Qatar we live and work as long as we have a job and a sponsor and after that we are forced to go back.

    It all started in the year of 2002 when I was a young 24 years old man and it was during the National Election period which was held in October of 2002 in Karachi City. The workers of one of political party are going from home to home to distribute Voter ID Cards. They do this exercise in every election so they can avail this as an opportunity to talk to the people and convince them to vote for them.

    All these problems started because of Mr. Imran. Mr. Imran and I had some issues previously while playing cricket when we were young he hit me with a bat and my friend and I beat him up. So we both never like each other. Time passes away since he was a Mahajir he was legally entitled to join same political Party. Its kind of a Gangster party a group of thugs and nobody mess with the party boys since they are always in government ruling party.

    I still remember that day as it was Friday I was off from my work. At that time I was working at Shell select store. I went out to see my friends and when I came back home it was in the middle of the day. When I reached back home, Mr. Imran was knocking at my door to give voter ID card and to talk to my mom. I called upon him and told him to wait I am coming as I was near to my home, but he did not stop and kept knocking again and again on my door. This makes me angry. When I reached home I asked him what is it. He said he wants to give the voters ID card to my Mom only. I snatch the cards in aggressive manner tear them up and told him to get lost. There were 3 other man with him talking with the neighbor houses next to ours.

    Within a minute four of them rounded me up and one of the guy with him hold me up with my shirt collar and was going to slap me at the same time my mother came out and so as the neighbors man came in. They separated us and told me to apologies. What is expected from a young 24 years old boy is what I did the same. I told them get lost and went inside my house. They left at that time and after few days the election was held, and they win the election as usual. My friends they told me to stay out of sight and the POLITICAL PARTY boys are looking for me. The same night when POLITICAL PARTY won election at around 10pm they came back in a car and knock my door. As I was already standing in my balcony because of light out. The moment Mr. Imran come out of the car I knew I am in trouble. I asked him what is it and he told me “Come with us you have been called at the unit center by the Nazim (Nazim means the person in-charge of that area or sector unit center). In each sector there is a POLITICAL PARTY unit center or office. I told him I have no business with you and your nazim. This is when my father he came out and look down at them. My father asked me. “who is this and I told him it is Imran and he told me that your elder brother is outside and look in what trouble you put us in”.

    The very thought that comes in my mind at that time is the safety of my brother. So I told my father I will be back I will talk this out don’t worry but my father said no I will talk to them. So he went down with me and talk to them and said that what happen is just a childish mistake by Amir so please let the issue go. In a very polite manner Imran told my father that it was nothing the Nazim just wants to talk to him. I told me father I know these guys so its ok and I went in the car with 4 of them and they did not say a word. We reached the unit office which is just 2 blocks away from our house in Sector 5C-3 and we live in Sector 4. In 5 to 10 mins we reached the unit it was a big hall at the entrance with so many big Banner and posters of Altaf Hussain.

    They told the nazim that Amir is here and he told them to take him to the store. It was a small room next to the hall which is more likely to store posters, brochures, ladders, paints and other stuffs. They looked me in and went away after like 30 min they came back and this time it is around 10 or more workers. Since I grew up there and played cricket I know many of these guys and some of them know me too. The nazim whom I never knew before who was in his 50s asked me to apologies for my action. Without wasting a second I did and assure them that it will not happen again. He said after today’s punishment you wont be able to do it so.

    So there famous style of punishment is that they turn the light so dim that you can barely see the faces and then the workers start slapping your face from right and left, front and back and they strongly instruct that if you raise your hand or bring your hands up to protect your face then this torture will not stop. And so I did follow what was told I could not recount the number of slap I receive on my face. As soon as the nazim calls for stop they asked me to leave and warn me that if the same thing happens again then I will face severe consequences. I will never forget that day and the horror of being looked in that store. From that day onward I always keep distance from Party Mahajir boys when I see them standing at the corner of the street I simply choose to change my way.

    Time pass away and in the year 2003 Feb 21st I got married. At that time my wife was working at Kidney Center. The second encounter was that one day while she was coming back from the work one of the party worker who usually stand at the corner of the street with the intention of harassment. Came upon my wife and hit her shoulder with his shoulder and went away like nothing happen. When I came back home my wife she told me what happen with her on her way back home. I knew this guy very well his name is zulfiqar he lives nearby. So I went out looking for him as I know where to find him he usually sit with his friends at the corner of the street and as soon as I approached him without wasting a second I slapped him and told him not to repeat this again. He knew the incident that took place in 2002 with Imran as he was also working with Imran those days. At that time he did not say anything to me but apologies he then went direct to the Sector 4 unit office and raised complain against me.

    I was sitting with my friends Mr. Kashif and Mr. Nasir and it was 9pm when a car with four guys in it including Mr. Zulfiqar with the other new faces I never saw before asked me to come with us as you have been called by the Nazim. Kashif interfere immediately and asked them why. One of the guy replied that this is non of your business. Mr. Kashif who was also a mahajir and a well known person in our sector among POLITICAL PARTY party as his mother was once in-charge of woman’s wing of Sector-4. I told them its ok I will take care of myself as I was under impression that this time it was not my mistake. but they both insisted and came with me. The moment I enter the office of nazim and went close to him to shake hand as a gesture of being humble he instead slapped me so hard that I was not able to hear anything except for this sharp toon sound in my ear. The very moment my friends came in and introduced them self to Nazim. He requested to Nazim that he must listen to the case as it was not his mistake and nazim replied that the reason he slapped is because I hit a party worker and there is no forgiveness to this. Some how Kashif talk this out both Mr. Kashif and Mr. Nasir were active workers for the party at that time. So they talk this out I as usual asked to apologies. Thankfully I did not have to go to the store room. When I came back home I told my family about the incident that took place in 2002 and what happened tonight.

    That day I felt very bad and embarrassed, that day I felt that I live in a society of gangsters where if I mess with them then I will receive slaps. No matter what the situation would be, that day I realized there I no safety and future for my family.

    Over the period of time the harassment has increased so my wife was forced to stay at home for safety reasons. At the same time my family decided to sale the house and moved to other place but my father said the whole city is filled with Mahajir where we will go. POLITICAL PARTY is now all over Pakistan so better to change our self and not to mess with the party people.

    The third encounter happens in the year of 2006, this time I mess it up big time all my mistake was that I was present at the wrong place at the wrong time. The situation was not in my hands at all. By that time Mr. Imran was already became the Nazim of Sector-4. All the sectors in our North Karachi reports to Unit office in Sec-5C-3. And 5C-3 reports to main head office in Nazimabad “Nine Zero office” which is also the head quarter for POLITICAL PARTY Pakistan.

    I was just sitting with my friend (Mr. Nasir) it was the month of Ramadan in October 2006, we usually gather at one place every day to meet each other before the iftar. This place is very close to my house. Two guys from a little bit far distance walking towards us. As soon as Nasir saw them he told me to leave and I said why in that very moment they both attacked Nasir. So I interfere to stop the fight one of the guy slap me and pushed me away. But I cant let them beat my friend and I kept going back in. finally they hit and we hit them back. Very soon onlookers gathered around and broke the fight. Then Nasir told me that why did you came in I told you to leave this is something to do with the Party an argument which I had with him in the unit office. Then I knew I am in trouble again. My family and my brother already warned me not to get in to any trouble.

    As expected they came looking for me. At around 10pm they came to my house and asked for me. My mother was aware of the situation and my mother told them that he is not a home. Those days I was working for Mystore supermarkets and recently lost my job, MyStore is a Franchise of Cupola who also runs KFC in Pakistan.

    Almost every day a worker from the unit office of 5C-3 comes to our house to check if I am at home or not. I was not able to dodge them for long. It was the third day of eid I was standing with my friend when two guys came looking for me. As I was with Kashif, he interfere immediately, I told them I do not have any business with you guys and I have done nothing wrong. They said you have a choice either you come with us or we will simply inform the head office that you are not listening to us. I told them do that suits you. Then they said is that they want a copy of my ID when asked why then replied that we were asked to bring one of them either Amir or either ID copy. One of the guy on the bike convenience us that he will take care of this and nothing will happen as he is a good close friend to both Kashif and Nasir and that we will help me to get out of this mess. That day I found myself in a situation where I feel like I have no choice but to trust. There was a photocopy and stationary shop very nearby so we went there make a copy and give it to them.

    After few days as I still remember that night it was nearly 10 days before Eid-ul-Adha a car came to our house and this time it is from Nine-Zero. When my brother asked them who are you they said they have some personal business with Amir. With suspicion in his heart he told them I am not at home. They said to give a msg to Amir to present himself at Nine Zero office asap. Once they left I immediately went to Kashif and told him what just happen. He told all this to his mother. Then she told me don’t worry she will take care of this. She uses her contacts in POLITICAL PARTY party to know why they are looking for me and after 4 days she called and informed that they register my name under trouble makers list. She told me it would be better if you can leave Sector-4 for sometime until the situation cools down.

    At that time one of my mom friend Mrs. Shazia who also lives in Karachi. My mom contacted her and I went to her house. Mr. Kashif has put so much efforts to end this issue but end up fail and then his mother called me and told me please leave the city as you are now in there wanted list and they will make an example out of you so if you can leave the city for some time it is for your own safety.

    In November of 2006 I escape to Dubai to live in exile. I lived in Dubai for 18 months after every six or sometime there months I am coming back to Karachi for 10 to 15 days. All these 10 to 15 days I just stay inside for safety reasons. We put all our efforts and even send written apology from our side to nine zero office to end this issue. But they wanted me to pay visit and come personally with the apology letter and this is what we never accepted. In 2008 February I decide to return to Pakistan and decided to leave Karachi and immediately left to live in Punjab in Jehlum city.

    In March of 2008 some people visited our house in Karachi at that time my mother was home, they requested my mother to send me to nine-zero office and they also informed my mother that they are aware that I am in Pakistan and living in Jehlum city. This is when we decided there is no place safe in Pakistan. In May of 2008 I went to Qatar. Luckily I found a job and decided not to return to Pakistan. Since 2008 to present I am living in Qatar in exile.

    I am in constant contact with my family and friends in Karachi. They are happy I left Pakistan but are not assure that if I return back then will I be safe. I never knew what POLITICAL PARTY people will do if I will visit there office in nine-zero. My past two visits to nazim office were terrible. The way they torture me still scare me to this day. All I came to know is that POLITICAL PARTY wanted to make an example of me. I believe they do succeeded as they did scare me off. Since 2008 I visited Pakistan for few days to meet my parents. My visit was always quickie, I have to stay out of site. its like in and out.

    We did contacted one of our friend who works in Police for advice, he said we cant do anything until they take any action against me or send your anything in writing. This is what I cant risk.

    Few important questions I have:

    • Do I need any document evidence to back up my asylum? What kind of documents needed?
    • What are the chances of success to get asylum?
    • How long it will take for the asylum application to be approved.
    • Can I start a job after submitting asylum application? What is procedure
    • My son is 6 years old. Can he enroll in virgina public school? I cannot afford school fee. After submitting asylum application, when my son can go US public school?
    • With your experience currently how long it takes for the first interview meeting with asylum officer.
    • With your experience currently after how many days, or months, or years it takes for the first asylum court hearing.
    • What is the total cost for the asylum case if I hire attorney?
    • How much does the court hearing cost?

    Reply
    • 1 – Anything you say, you should have documents about that, if possible: Political activity, detentions, harm. 2 – This seems like a legitimate case, but most of the events are quire old. Can you show that you still face a threat today? 3 – There is no way to predict. The fastest is about 3 or months, but some cases take many months or years. 4 – If there is no decision 150 days after you file for asylum, you can file for a work permit (it takes another few months to get that). If you work unlawfully, it does not affect the asylum case, though it could affect other immigration applications. 5 – He can attend public school. 6 – see #3. 7 – see #3. 8 – It depends on the attorney. Our fee is normally $4,000 for the affirmative asylum case. 9 – It depends on the lawyer. We change $5,000 or $6,000, but if we did the affirmative case, it is less. Take care, Jason

      Reply
      • @Amir. Thanks Jason for your reply. We will come to USA on B2 visit Visa.
        (1) Can my son go to US public school immediately after our arrival or I have to wait for asylum application to submit? He is already 6 year old? He will be not having social security number. I can not afford school fee as well
        (2) Can we get medicaid (Wife 30 years old, Son 6 years, Daughter 2 Years)? Specially my wife will be pregnant.Please advise what type of medical insurance available for non-immigrants/ pending asylum applicants
        (3) How we can get social security numbers?
        (4) I want to apply EAD for me and my wife as well.Can you help? When we can start job after arrival in US
        (5) Do we are eligible for food stamp? How we can apply?
        (6) I will gather all documents to show my fear as I feel today. What kind of documents I have to gather?
        (7) What will be your legal fee if you can handle my case. I will arrive fairfax VA within next 6 months.What are schedule of your fee payments? Please consider you will help me to apply asylum case (asylum office and Immigration court as well), social security applications, EAD applications
        (8)If we failed to show fear to asylum office, will authorities will detain me and my family in jail? Like if my case goes to immigration court, I will be in jail? Please advise

        Reply
        • 1 – He should be able to go to school immediately, but you need to talk to the school. 2 – I do not think so. 3 – I do not know. Unless you have the work permit, I do not know how to get an SSN. You can inquire with the SS office. 4 – For asylum seekers, they cannot apply for an EAD until their cases has been pending for 150 days. 5 – I do not know. 6 – I cannot advise you about that here, aside from what I wrote before. 7 – Our fee is normally $4,000 and we offer a payment plan. Once you are here, if you want, we can meet to discuss. 8 – At this time, we have not seen denied asylum seekers get detained, and I do not think this will be the case in the future. Take care, Jason

          Reply
      • Jason can you please handle my case. Please inbox me payment plan details. If you want anything further, I can send you in your mail.

        Reply
        • If you email me at jdzubow@dzubowlaw.com, I can set up a consult. That is the first step. Take care, Jason

          Reply
        • Hi Amir,

          From India here, can we discuss.My case is like you.

          Thanks

          Reply
  10. Jason-

    Have you been following the Cody Wilson case at all ? He’s an American who discovered how to make untraceable guns and was recently charged with sex crimes. Just prior to being charged in court he fled to Taiwan and was just sent back to the United States. Taiwan doesn’t have extradition with the United States but the americans cancelled his passport and he was deported out of Taiwan for not having a valid passport. Would he have been better off going to Canada where his crime of having sex with a 16 year old girl would not have been a crime in Canada ? There was the case of Denise Harvey who was charged with having sex with a 16 year old boy in Florida, fled to Canada and asked for asylum there. The crime in the United States also has to be a crime in Canada if extradition is to carried am I correct

    Reply
    • I wrote about the latter case on May 28, 2014. I have not been following the case, but I am not so sure he would have avoided extradition from Canada either. I suppose it depends on the case and on luck. Take care, Jason

      Reply
      • Denise Harvey’s case made it all the way to the final appeals process and she won due to the fact that the crime she committed in the United States was not a crime in Canada. Its safe to assume the Cody Wilson case probably would of resulted in the same disposition as well due to the fact his behavior was not a crime in Canada. Have you ever dealt with anyone being deported to Canada ?

        Reply
        • Deported from Canada? Or from the US to Canada? I guess I have seen the former, but I am not sure about the latter, though plenty of people are probably deported from the US to Canada. Take care, Jason

          Reply
          • Have you ever seen an American deported from Canada (you stated though you have) ? It shouldn’t matter what country as long as they are signatories of the 1961 Vienna Convention which allows countries to refuse extradition on the grounds that the crimes committed outside their country must also be a crime in their country. Before the United States extradites anyone for crimes, they usually have treaties with the requesting country and in those treaties must be language that talks about the crime they are being extradited for must also be a crime in the United States ? Am I correct ?

          • I have seen a number of people who were deported from Canada, but they were all from third countries and were deported when they tried to go from the US to Canada to seek asylum. There are other cases of Americans who got asylum in Canada, and I think vice versa. If I am not mistaken, there was a native Canadian who got in a shootout (?) with Canadian authorities and then fled to the US were he received asylum. I might be remembering wrong, but I think that was a case from maybe 10 years ago. Take care, Jason

          • Jayson, while we are on the topic I was just curious, how hard is it being an american overseas trying to obtain any type of asylum from the United States especially like Cody Wilson, who has felony charges on him ? From what I have read online it seems virtually impossible, even countries without extradition from the United States seem to be sending back wanted americans

          • There are examples of Americans getting asylum overseas. I wrote something related to this on September 17, 2013. For most Americans, they can simply live overseas and find other ways to remain lawfully in the country. That is not possible in more developed nations (like Canada), but – for example – I lived in Nicaragua for a while. I just renewed my status as needed. I think many Americans live abroad and simply find ways to stay legal. For people with no other option, they can try asylum, but I do think for most Americans, that will be a difficult option. Take care, Jason

  11. Hi Jayson,
    Please help me. In my asylum case I did not include my volunteer work as in my employment history because I thought it wasn’t important since I wasn’t paid for that. But while apply for I-485 I included volunteer work in my employment history after I learned that it should be mentioned in employment history even though it was a volunteer work. Now I was asked to explain that discrepancy. What should I do?

    Reply
    • Just explain as you did here, and try to include some evidence (letters from the places you volunteered, for example). Take care, Jason

      Reply
  12. I have a question :
    I mistakenly put the wrong date on my i-485 in regard to my last address before coming to the USA. This has created a discrepancy with my previous application. I was asked to explain what the discrepancy in date. What is the best was to explain that error?

    Reply
    • As you did now – you can explain that you made a mistake. If there is a reason for the mistake, you can let them know. If you have evidence of your old address (maybe a lease? Or a letter from someone who knew you lived there, or an ID card or other document with your address), you might want to include that evidence with your response. Take care, Jason

      Reply
  13. Hi Jayson,
    My husband has a pending case in asylum since 2017, we got married 2018 and i applied for asylum also, i received the decision and was referred to ij. My question is, what is the best thing to do now? I need your opinion pls. You are a big help to us Jayson may God continue bless u..

    Reply
    • You should have a lawyer to help you in court. You may also want to try to expedite his case (I wrote about that on March 30, 2017). If he wins asylum, you will also get asylum and you can close your court case. Talk to a lawyer about how best to approach this situation. Take care, Jason

      Reply
      • Thank you so much Jayson
        Godbless you always

        Reply
      • I’m Canadian, Jason. You need to stop suggesting we live in igloos and work polar bears. It may be funny to you but to us it just indicates how ignorant Americans are about their neighbours. It’s like me posting on a blog about a serious topic about how Americans ride horses, wear cowboy hats and spit tobacco.
        Keep up the good work in giving asylum seekers good advice.

        Reply
        • I don’t recall suggesting that, but if I did, you have ample evidence to get us back, especially these days. That PM of yours is so dreamy… Take care, Jason

          Reply
  14. Hi,

    Question:
    The goverment of my native contry try to take me propery there because of the corruption.
    The courts are saying that I have “Objective Responsibility” for my property there even I have manager there?
    I am saying to them I can not have “Objective Responsibility” there because of my refuge status Asylum-Genf convention 1955.
    Am I right? Can they do that? Am I protected with my refuge status or not?

    Reply
    • I really know nothing about this, sorry. It sounds like you would need a lawyer or someone in your country to defend your interests. Take care, Jason

      Reply
  15. WE NEED YOUR HELP PLEASE.
    Respected Sir,

    The request is that we are oldaged husband & wife from seven months as a Asylum Seekers in Trinidad and Tobago Seven months have passed we have any no help received from UNHCR and any no interview has been done yet and no
    interview has been made regarding the status of refugees yet. Our request is to take an first interview for Refugees Status with us as soon as possible so that our monthly financially assistance can be started. We have been borrowing people for seven months.
    Please start our monthly assistance and get our first interview for refugees so that we get some status we have heard from people here you will not get any help unless you are interviewed.
    We request you to be interviewed as soon as possible for our refugees so that we can get a recognition and our aid could be opened.

    Hopefully you will make our first interview for Refugee status as soon as possible.

    We will wait for your good reply.

    Thanks

    Reply
    • I redacted your personal information from the post. I am in the US, and I do not know about refugees status in Trinidad and Tobago, sorry, Jason

      Reply
  16. Mr. Dzubow
    I am an asylum seeker from Iraq. I have been going through the asylum process for 5 years now. My partner and i are planning to get married. She is not from the US . If we are to be married would my pending case be rejected based on the “third safe country” situation? The US is my home, I have my friends and career here. I have very little interest in leaving it all behind. does it matter ?
    Thank you

    Reply
    • The safe third country agreement only applies to people who have been to Canada. Maybe you are thinking of “firm resettlement,” which means you have been offered status to live permanently in a third country. Marrying a national of a third country would not mean you are firmly resettle unless you also become a citizen or resident of that country. For example, I once helped win a case for a Malaysian woman whose husband was Canadian and British. She won her case and he also got asylum as a derivative. His status had no effect on her case, since she had not status to live in Canada or the UK. Take care, Jason

      Reply
  17. Dear Jason,
    Thanks for your great website.
    Everybody wants to live their own country. But one day, If he must leave his country, hope USA is his final destination.
    Several years ago, I meet an old man in Alabama, he said, Immigrants made the United States. I think freedom, hope make people trust and love USA.

    Thanks again.

    Jet

    Reply
  18. Hola, tengo una consulta. A que número puedo llamar?

    Reply
  19. Hi Jason,

    I applied for asylum march 2017 in SF and because of my conditions my lawyer expedited my case and I did an interview in July 2017. USCIS referred my case to the court for lack of evidence. My attorney was not satisfied with the USCIS office decision and she asked to return the case to the USCIS and after that, we started to submit documents to support my case. The problem is from October 2017 I don’t have any Idea what is happening with my case and I didn’t hear anything from the office after inquiry. The original court date was in 2019. Is that date still valid? can I expedite my court hearing ?

    Reply
    • Requests for the asylum offices to reconsider a referral to court are usually ignored and/or denied. You can follow up with the asylum office to see whether they have a new decision, but generally, unless you hear from them, you will have to go to court. You can also check to make sure your court date is still valid – call 800-898-7180 and enter your Alien number. The computer will tell you your next court date. Take care, Jason

      Reply
      • Jason,
        Thank you so much for your response. Can I expedite my court hearing at this time or I have to wait for a response from USCIS?

        Reply
        • You can try to expedite the court case (I wrote about that on April 20, 2017). I doubt that the asylum office will take action to reconsider the case, though you never know. Take care, Jason

          Reply
    • I applied asylum on June 2016 after that I got my work authorization which is finishes Dec 26 2018.
      How long before I can apply for a new work authorization? Is it 120 days?
      Also I want to add more things to my file How can I update my file? which form should I fill out?

      Thanks

      Reply
      • You can apply for a new work permit up to 180 days before the old card expires. You can update your case by submitting two copies of the new evidence to the asylum office (with your Alien number on everything). Since you probably won’t have an interview soon, I recommend holding all new evidence until the interview is scheduled, and then submit it with a copy of the interview notice (at least one week before the interview). That way, they are less likely to lose it. Take care, Jason

        Reply
  20. I submitted my I 589 form on 11th April 2018 but got only card from ups that my form has been received but since then I have not heard anything from homeland. I went to Arlington office which told me to write to Texas service center where I sent the form to complain. I am worried what could have gone wrong. According to Arlington office my name is not in system yet.

    Reply
    • The Texas Service Center is a disaster. They sometimes lose cases or disappear cases that should just be filed into the system. Also, they sometimes reject cases for minor errors, and this can take months. The fact that you have the UPS receipt is great, as that will protect you against any problems with the one-year filing requirement. I think you should consider getting help from a lawyer about this issue, or maybe filing your case again (with a letter explaining that the first filing was received but disappeared). Good luck, Jason

      Reply
  21. Hi Jason. Our flight to the usa had a layover in Qatar. Is this seen as we traveled through another country even if we did not leave the airport nor did we have a visa to either? How should we complete the question that ask if we traveled through another country on the application form? Any help wil be appreciated. Thank you.

    Reply
    • On the I-589 form, we list stop overs, state how long you were there (“I was in Qatar for about three hours”, for example) and if you did not leave the airport, we also write that. Take care, Jason

      Reply
  22. Dear Jason. I want to expedite my case. Can you tell me how long it takes to get reply from asylum office? Do they have any time frame to inform the applicants about her/his expedite request?

    Reply
    • It depends on the asylum office, but it is normally within a month or a few months. Take care, Jason

      Reply
  23. Hi Jason,
    I came to the US in March 2018 & applied for asylum in April 2018 and was interviewed end of May 2018. Haven’t received a decision yet. I was threatened by a tier 3 terrorist group due to which I fled the country and came here.

    What do you think can be the hold up?

    Reply
    • There could be many reasons, some of which have nothing to do with your case (the asylum officer went on vacation, for example). I would give it another month or two, and then if there is no answer, you can inquire with the asylum office. Take care, Jason

      Reply
  24. Dear Jason ..I did exaggerated my asylum case and also I did lie in some situations I got my green card now I want to confess to USCIS and I am Ready for any consequences please kindly advise me what I should do .

    Reply
    • Talk to a lawyer about how to approach this. It could certainly result in you losing your status, but if you want to correct what you did, you can try that. However, if you have a lawyer assist you, maybe you can present your claims in a way to try to preserve your status (or at least keep some type of status in the US). Take care, Jason

      Reply
  25. Hi, I am from Moldova. I received my Green card through marriage to a citizen a month ago. In the same time I had a pending asylum case that I am withdrawing now. Is it safe for me to go back to my home country and come back to US without issues if I have a GC and my Asylum is withdrown ? Thanks

    Reply
    • Traveling to your country could cause the US government to think that the original asylum case was a fraud, and this could create problems for you. It would be better to wait until you are a citizen. But if you have to go, make the trip short, and be prepared to explain to the US government why you went (for example, if you went to see a sick relative, get evidence that the person is sick, like a doctor’s note) and how you stayed safe while there. Take care, Jason

      Reply
  26. Hi, I am in the US currently. Me and my mom applied for asylum 2 years ago and we are still waiting for an interview. The country we are seeking persecution from is Pakistan. I wanted to travel to thailand with my friends for new years. I wanted to know that is it safe to travel if I get an Advance Parole? I would be glad if you could provide some information. Thankyou so much.

    Reply
    • I wrote about Advance Parole on September 11, 2017 – maybe that post would help. Take care, Jason

      Reply
  27. I am from Afghanistan, I filed Asylum 3 yrs ago I had two interviews, the second interview was more than a year ago. I didn’t receive any decision from Asylum office, after doing enquiry, the Asylum office says extended review is going on. What else can I do to get an answer from Asylum office?

    Reply
    • Unfortunately, this is a common story for some Afghan cases. I think there is not much you can do about it. You could try contacting the USCIS Ombudsman – a link is at right. If that does not get any results (and it probably won’t), the next step is a mandamus lawsuit – talk to a lawyer about that. Take care, Jason

      Reply
  28. Hi Jason, i really appreciate you to running this precious blog for needy peoples.
    I came to USA June 2014 and submitted asylum application in May 2015 i got interviewed Nov 2017 and i did first inquiry about my decision yesterday April 2018 from Newark asylum office. They said my case is pending for review. Now i have question if i go to see my family in third country nation instead of my country of origin is there any problem to come back on Advance Payroll as i mentioned above i was over stayed when i submitted my asylum application. 2nd question regarding my interview decision i used to work under DOD United states through different contacting companies as civilian contractor in logistics, Materials & construction field now am wondering when will i receive my decision by mail?

    Reply
    • If you have AP, you should be able to travel and return. I know of no examples where someone was denied re-entry. You should receive your decision by mail, yes. Take care, Jason

      Reply
  29. Hi Jason,
    I applied for political asylum almost 4 years ago, had my interview 1 year and 4 months ago. Everything went well, they asked additional documentation about other parts of my country. We provided that. My lawyer emailed the officer with a request for response 6 months ago, but we got no response.
    Please advise is there anything I can do to request / speed up their decision? It’s been almost 4 years of wait.

    Would appreciate any advice. Thank you,
    Aliona

    Reply
    • Contact the asylum office and inquire about the case. You can find their contact info if you follow the link at right called Asylum Office Locator. If that fails, you can also try the USCIS Ombudsman – a link is also at right. Finally, you can try a mandamus lawsuit. Talk to a lawyer about that. Take care, Jason

      Reply
  30. Hi Jason
    Im from Kosovo I moved at the states in 2006 for political reasons and I was granted with withholding of deportation at 2008,I’m from ny my hearing was held at Newark New Jersey
    3 years ago now I hired an attorney from ny city thinking that he was the best attorney in town that’s how he made himself look like and I believed him when he said that he could apply for motion to reopen and I got denied twice,a week ago he made his secretary call me and tell me that there is nothing he can do unless the law changes after he already charged me 18k within 2 half years,now I’m stuck I don’t what to do or where to go and ask for help,I’m Real estate investor I’ve invested soo much already and I don’t even know what’s going to happen with me now banks don’t land no more money because they not sure with my status and I’m terrified I don’t know what to do,is there anything possible than can be done or is there any attorney that i can go to with my situation I would appreciate your answer thank you very much

    Reply
    • I have no idea if the lawyer was good and did his best or if he ripped you off. Just because he failed does not mean he did not do a good job. On the other hand, people in your situation are very vulnerable to lawyers who make big promises and take your money. And frankly, $18k is a lot of money for a motion to reopen. Whether there is a path for you to obtain a better status depends entirely on your situation, which I do not know. I think you need to talk to a lawyer you trust who can evaluate the case honestly. Maybe get a couple different opinions before you take any further action. If the first lawyer ripped you off, maybe a bar complaint (and hopefully a refund) will be in order. I think it is worth exploring, but maybe get a couple different opinions before you actually hire anyone. Good luck, Jason

      Reply
  31. Hi Mr. Jason

    As there is no scheduling bulletin, I appreciate it alot if anyone could give any information about the year they applied and their interviewing status, Do they interview December 2016 cases.
    I am in Houston , waiting for my interview filled on December 2016. Does anyone know about the Houston asylum office ?
    Can u tell me something about asylum office in Houston?
    Thank you.

    Reply
    • It is still too soon to know how they will be implementing the new policy, but if you filed in December 2016, I doubt you will get an interview any time soon. You can try to expedite – I wrote about that on March 30, 2017. Take care, Jason

      Reply
  32. Hi Jason
    I file an asylum case in October 2017, with out a lawyer, no supportive evidence, I guess I did a pretty bad job . I’m afraid i maybe schedule for interview soon, can i still hire a lawyer? Secondly will my visa application form information affect my the information in my 1-589 , because I came in with a b1 visa
    And the agent who handles my visa application made some mistakes about my job experience
    And lastly am from Nigeria I file an asylum based on religious persecution an Boko Haram terrorist in the Northern part of the country, but I read comments of people facing persecution in one part of a country and the were asked if they can relocate to a safe region,
    Hope it will not affect my chances of asylum

    Reply
    • You can hire a lawyer any time. You can also add evidence to your case. The Asylum Officer will have a copy of your visa application, so they will know anything you said there and have copies of anything you gave the embassy. You can explain to the Officer about the errors on your visa application, and it is a good idea to include that in your written statement. It is better for you to tell them about the errors before they ask you about them. You will have to explain why you cannot live safely in any part of Nigeria. Finally, I am not sure that you will be interviewed soon, you could be, but it is not clear – I wrote about that on February 1, 2018. Take care, Jason

      Reply
  33. Hi, Jason

    I Have questions about my mom, my mom has filled asylum application and she wrote my name(21yrs) and my brother’s name (17). Now she already got her ead ssn state ID but me and my brother arent at USA yet, We will go Next year , can we get ead ssn state ID after we get there or we need to wait years after case get granted? If We cant get the ead ssn , Do We count as illegal and cant apply for school etc

    pls i need an answer.
    Thanks in advance Mr.Jason.

    Reply
    • If you were under 21 years old when she filed the case, I think you can be added to the case when you come to the US (ask a lawyer or contact the asylum office to be sure). If you were over 21 when she filed, you would need to file your own independent case. If you are here and you have an EAD, you should be able to attend college, but you likely will pay out of state tuition. Take care, Jason

      Reply
  34. Sir, What do I do in a case where my Attorney is not responding to my telephone calls and emails? Can I directly communicate with the USCIS without my attorney? What steps can I take to end my contract with my attorney?

    Reply
    • The attorney is required to communicate with the client – you can make a complaint to the state bar association. If you threaten to do that, I suspect that the attorney will respond quickly, but it will also poison your relationship. In any case, you can change attorneys at any time, and you can find a new attorney – that is completely up to you. Also, if the old lawyer is not responding to you, I would not give him any more money. Take care, Jason

      Reply
  35. Dear Mr. Jason
    My family and I used to live in Saudi Arabia, unfortunately my dad along with my family had to move back to Syria 3 years ago due to family issues. I am a medical student so I decided to move to the states and get into a residency program. and currently I am waiting for my Asylum interview and my TPS application is still in the process. My dad is planning to visit me for a couple of days -he has a B1/B2 VISA from the american embassy in Saudi Arabia- so I have a few questions if you don’t mind:

    1- When my Dad arrives here, should he declare that he’s coming to visit me or don’t even mention me and instead say he’s coming for a vacation? I am worried that my status as an Asylum applicant would cause him some issues at the airport.

    2- Is there any documents that would make his entry easier ? Like some kind of proof that he’s not here to apply for immigration ( Maybe a letter from the employer ?)

    3- I am currently in Los Angeles, does it matter wether my dad lands here or is it better to do so in New York? I heard that the east coast are more lenient when it comes to allowing people to enter the states from countries like Syria( Btw he’s coming through Lebanon)

    Thank you so much for all your efforts !
    Regards
    Abdul

    Reply
    • 1 – Your status could possibly cause him trouble, but he cannot lie to the authorities, so he will just have to tell them the reason for his visit. 2 – An employer letter or evidence of family or property in Syria (or Saudi if he is back there) might help. He can carry those with him and present them if needed. 3 – That, I don’t know. It seems pretty random to me. Take care, Jason

      Reply
      • Thank you so much ! All the best

        Reply
  36. Hello there,
    I have a question. Just because asylum seekers are having their worse times nowadays, i wanted to know if in case of deportation after interview or court, is there any way to ask bejng deported to another country like Canada or European countries? Because this is very stupid to go back home if you life and future is in danger there. What can be done in this case? Thank you

    Reply
    • If you get deported, you have to leave, but you can go anywhere you want, as long as they will let you in. The exception is, if you get detained and deported – they will send you to your home country in most cases. Take care, Jason

      Reply
  37. HI,Jason
    I am ready to apply for asylum, could you please tell me the material list and bookbinding requirements? or the USCIS LINK which show the detail requirements. Thank you so much!

    Jerry

    Reply
  38. Hi jason,

    I am Syrian and lives in syria now. I got married to my girlfriend “she is syrian-american”. I sent my files to USCIS so i can get the fiance visa, The USCIS sent me the approval note. My question is should i proceed with my application or wait till the Mid of june “since Trump now has stopped issuing all kind of visas to these 6 countries”, and i heard that mid of june the court will reconsider his decision.

    Im afraid to proceed with my application and the ambassay decline my application.

    Thanks.

    Reply
    • I can only assist with asylum cases here, sorry. Maybe email the embassy (in Lebanon?) and ask about this, or better yet, your fiancé can email them to ask. Take care, Jason

      Reply
  39. Dear Jason,

    Can I apply for Asylum without a lawyer? If so, how can I do that?

    Thanks in advance.

    Reply
    • You can. You need to use form I-589, available at http://www.uscis.gov. The instructions to that form explain the process pretty well. Take care, Jason

      Reply
  40. I came to the us about 13 years ago from Dominican republic on a valid visa. I got pregnant and went back to dom rep. I came back on the approved visa. I had my child in the usa, he was born with autism. what application can I submit to receive my residency. can I do a political asylum application.

    Reply
    • Asylum is for people who fear return to their country. If you have such a fear, you can apply. I recommend you talk to a lawyer about that. I know of no application for residency based on a 13-year old child, but you might want to talk to a lawyer to go over your options. Take care, Jason

      Reply
  41. I had my second interview six month ago and I haven’t receive response yet so do you think I can go make inquiry and bring more paper about current condition for country that would help me ? Or not
    I don’t know when will be mailing response

    Reply
    • You can make an inquiry by email or in person. You can find their contact info if you follow the link at right called Asylum Office Locator. Unless the new country condition info relates directly to you or your case, it is probably not needed. Take care, Jason

      Reply
  42. Josan,

    I had my first master hearing today with Judge Burman, but he gave me another master hearing date on 11/27/2020. I am very disappointed, and I don’t when I will have my merit hearing date will be. I hope he assigned to the other Judge. Any thoughts and advice?

    Reply
    • Judge Burman is giving out dates this way. I expect your date will change, as new judges should be arriving in the next few months. So hopefully, it will be sooner than what you have now. Take care, Jason

      Reply
  43. Good evening Sir. I believe this meets you well.

    My wife entered the US in December 2016 and sought and applied for asylum in January 2017. She got a receipt/notification in mid Jan 2017. I was included in that application but I was not in the US then. She did her fingerprint/biometrice in Feb 2017 and has gotten her EAD and Driver License in the last quarter of 2017. She is waiting for the asylum interview. When I joined her in September, she sent in amended application to include me as a derivative. She also submitted a cover letter appealing that i should be accorded this same priority date as hers (i.e. Jan 2017). The amended application has been submitted and I recieved notice of action to go for fingerprinting/biometrics. I did so end of November 2017.

    My question is that can I now apply for an Employment Authorisation Document?

    Reply
    • Yes – if the case as accepted and you have an Alien number, you should be eligible to apply for an EAD. Take care, Jason

      Reply
  44. Hi Jason,

    If I applied for a political asylum, how many years I need to get an american citizenship. (I’m Palestinian).

    Thanks for your time.

    Reply
    • If you win your case, you are allowed to apply for a green card after one year. Three years and nine months after you get the GC, you can apply for citizenship. Take care, Jason

      Reply
  45. Hi Jason,

    I am on J1 visa (with a SSN for graduate student work) and applied for asylum on political grounds about two months ago. I have three questions that I hope you have answers for:

    1- I can not check my case status online. When I called the USCIS, they said that I “need to mail or visit the office myself to know the status of my application”. Is this normal?

    2- After I get my EAD, will I need to re-apply for another SSN (since mine is restricted to on-campus jobs)?

    3- My wife (J2 visa holder) has a work permit that she received based on her J2 status. What would be the process for her to get another EAD? (Does she need to apply for a new EAD or a renewal for the one she has? Do we need to pay fees for it?)

    Your advice is so much appreciated.

    Reply
    • 1 – Yes, you cannot check an asylum case on line. There is a link at right called Asylum Office Scheduling Bulletin – it give you some idea of the wait time for your case. 2 – I am not sure; you would have to check with the SS office, but I think you will not need to. 3 – If she is a dependent on your asylum case, she can apply for an EAD based on asylum pending – she can apply after waiting 150 days, the same as you. For a first time EAD based on pending asylum, there is no fee. Take care, Jason

      Reply
  46. Hi Jason, I have a RTD that is valid until sometime next year. I want to travel soon, but As long as the RTD is valid by the time I return to the US, there is no problem to return right? Or does it need to be valid certain time to the future (like 3 months, or 6 months) by the time I enter the US? It is urgent, Please advise me. Thank you so much in advance, Jason.

    Reply
    • I believe that as long as you return while the RTD is still valid, you should be fine. You should give yourself at least a few extra days, though, just to be safe or in case your trip gets delayed. Take care, Jason

      Reply
      • Thank you, Jason. And one more question. Can I use RTD several times to travel as long as it’s still valid and it says multi entry with no restriction? This is going to be my second time to travel using this RTD. I’m thinking to go to the same country again where I claimed to go on the RTD application. Can I also go to another country? Thank you for your help as always.

        Reply
        • You can use the RTD for multiple trips, as long as you return to the US before it expires. And you can travel anywhere with it, but if you go to your home country, where you fear persecution, that could result in big problems for your immigration status in the US. Take care, Jason

          Reply
  47. Jason sir
    Having already filed another form i 765 if i go ahead and file i290b again will that not result in dual filing on the same matter which may eventually lead to denying both applications? Honestly I don’t know what to do . Please advice me.

    GMBJ

    Reply
    • It is actually not the same matter – the I-290B is an appeal of the first, denied I-765. The other is a new I-765. But like I say, I-290B forms are usually a bad idea in EAD cases, so talk to a lawyer before you try that (and don’t forget that you have a limited time period to file the I-290B appeal). Take care, Jason

      Reply
      • Thank you very Much Jason
        My first application was denied on the ground of applying before 150 days on my ead clock that is all. Right now my EAD clock counts over 230 days.

        Reply
        • If that was the only reason for denial, it is better to file a new I-765 (and list the prior application). If you appeal, you will lose, since the denial was correct (it was correct because you did not wait 150+ days before filing). Take care, Jason

          Reply
  48. Jason sir
    I just received my long awaited letter of denial of my EAD application. I am instructed tO file form i290b along with a fee to reopen my file within 30 days of receipt. The closing paragraph of the notice states – however this denial is without jeopardice to the filing of an application for an EAD under any category for which I may qualify-
    Does this mean that I can still go ahead and introduce a new i765 or what.
    Actually I have already reapplied with a new i765 before receiving this notice.
    I don’t even have the 610 dollar for filing i290b as I am not currently employed .
    Pls I need your advice
    GMBJ

    Reply
    • In the large majority of cases, it is a bad idea to file an I-290B after an EAD is denied; it is better to just correct the error and file a new I-765. I do not know the specifics of your case, so I cannot say what is the better path, but talk to a lawyer about it to help you decide. Take care, Jason

      Reply
      • Thank you Jason, God bless you

        Reply
  49. Jason Sir,
    I have another question.
    How many times are category C(8), Individuals with pending Asylum Applications, allowed to attempt EAD applications ?
    Is there any bar as to the number of attempts of EAD applications in general ?

    GMBJ

    Reply
    • There is no bar to the number of applications you can make. Take care, Jason

      Reply
  50. Jason Sir,
    In the event of another denial to this EAD application am about to submit, will I be allowed to apply again ?
    How many times are pending asylum category’s individuals eligible to attempt EAD applications? Is there any bar to the number of attempts?

    GMBJ

    Reply
    • There is no bar, but you should make sure you are eligible before you apply again, as there is no point in submitting an application where you are not eligible. Take care, Jason

      Reply

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