Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Murray Osorio, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
Jason@MurrayOsorio.com
(202) 328-1353
Hi Jason,
My Asylum case was approved on 10/03/2024.
I am wondering when should I apply for my Green Card Applications and what is the processing time to get the Green Card nowadays.
And also, I got my Travel Documents and thinking to travel to Europe ( not home country ), wondering if we apply GC applications before I travel, will this affect my application?
Thanks,
Sabi
You can apply any time. However, when USCIS decides the case, you must have been in the US for at least 1 year after asylum was granted. I wrote more about this on February 6, 2023. There is supposedly a “pause” on GCs for asylees. How long this will last and who is affected is not clear, and in my opinion at least, if you are ready to apply, you should do so. You can apply for a Refugee Travel Document and that would not affect the GC, or vice versa. Take care, Jason
Hello Jason, I have been thinking hard about renewing my COP passport in Washington DC for quite some time now because of how long it takes to get a RTD. I am probably on my fifth one now and I do have a green card through asylum as a result of belonging to certain cultural and social group, but I feel like I’m stuck and I need to find a way to see my ailing dad in a third country in the near future as he now has a terminal illness. I just can’t wait another 18 months to get a document that will only last for one year. With everything happening in the immigration world now, I wonder if renewing my country’s passport will sabotage my greencard? Is this something the immigration challengers in the current administration are prioritizing? I can’t seem to find any information on anyone who got in trouble for doing this. Thank you!
I did a post on this point on May 25, 2022 and maybe that would help. There is no new updates that I have heard since the new Trump Administration came into office. As I wrote in that post, you should be prepared to explain why you renewed a passport from a country that seeks to harm you, and why the government was willing to give you a new passport. This is much less of an issue if you fear non-government actors, such as terrorists, but still it is good to think about how you will explain this if asked. Take care, Jason
My I-485 asylum category greencard is been pending from past 17 months at national benefits center , they approved my ead under asylee category and also they approved my travel documents, is there any delay on issuing greencard under trump administration law
There is supposedly a “pause” on green cards for asylees. USCIS has not provided any information, and so we do not really know who is affected or how long the pause will last. Supposedly, some case are still being processed, but it is difficult to know. Hopefully, you will get the case finished soon, but at some point, you can file a mandamus lawsuit to force USCIS to complete the case. I think it is probably too soon for that now, but you could talk to a lawyer who does mandamus cases to see when that may be appropriate. Take care, Jason
Jason,
If someone overstays visa more than 1 year then that automatically triggers 10 years bar. If that person gets citizenship (after leaving the US) from another country like the UK, can he come back to the US as a British citizen before 10 years bar end?
Overstaying for 1+ years and then leaving normally triggers the 10-year bar, but it may depend on other factors (did he have a pending case or TPS during some of that time, so he does not actually have 10 years of unlawful presence?). You might talk to a lawyer about this if you are not sure. Otherwise, I do not see how getting a new citizenship and passport will erase the bar. It is possible to apply for a “waiver” (request for forgiveness) of the bar, both for immigrant and non-immigrant visas, and that can allow you to return earlier than the 10 years. You can talk to a lawyer about those possibilities. Take care, Jason
Hello Jason, good day.
My asylum interview is scheduled for next month but I want to withdraw my application because I am on active f1 visa and I want to finish my masters.
Best regards,
Naresh
If you have an active F1 visa then that won’t get affected by your asylum case even if your case gets denied. If your case gets denied, you can still stay until your I20 expires or until your OPT expires.
You can still withdraw your case but think very well before doing that since it won’t be removed from the system that you applied for an asylum in case you leave the US and apply on a different visa in the future.
This is a good point and also a possibility, but again, you need to present them evidence that you have always been in lawful status and are currently in status. Also, while I think they will not do this, it is possible that they would say that applying for asylum violated your F-1 visa and then send you to court (for the F-1, you have to promise to leave the US at the end of your studies, but by applying for asylum, you are indicating that you want to stay in the US permanently). Of course, they can say that whether or not you try to withdraw your application, and as far as I recall, I have not seen the asylum office refer a case to court where the person is a full time student in status. Take care, Jason
I wrote about how to withdraw an asylum case on December 7, 2022. You can try to do that, but you would need to submit proof of your current status, including your valid visa, and proof that you have been a full time student in status since you arrived. They are not very fast about withdrawing and so you may need to go to your interview to try to withdraw at that time. Also, if they think you violated your status somehow, they could refer you to Immigration Court if you withdraw, and so you want to do your best to show that you have not violated your student status. Take care, Jason
Thanks for the response Jason.
this is what you said “Also, if they think you violated your status somehow, they could refer you to Immigration Court if you withdraw, and so you want to do your best to show that you have not violated your student status.”
How can i prove them I have not violated the student visa.
Best Regards,
Naresh
Provide evidence (transcripts, diplomas) showing you were a full time student, or if it depends on OPT, proof of your employment, such as a letter from the employer, pay stubs or tax documents. Take care, Jason
Hi Jason i have a question on the form I-489.
-Where they ask “Have you EVER lied about, concealed, or misrepresented any information on an application or petition to obtain a visa, other documentation required for entry into the United States, admission to the United States,or any other kind of immigration benefit?” I’m confused on this one. When I applied for a student visa in my home country I did not disclose that I have been arrested in by my country’s authorities due to my political views. I just said I applied for a student visa. I was asked the same question in asylum interview and I replied that I didn’t disclose cause I was scared my visa will get denied and I needed to escape because of my life and studies.
-now for the form I-485 should I reply yes and explain? I’m scare this will be a ground for denial.
Thanks
This would not normally be a basis for a denial – I think you need to answer consistent with your asylum case and explain. In the worst case, if they want to deny, you would most likely qualify for a “waiver” based on INA 209(c), which would allow you to get the Green Card. We have seen many cases where this was an issue and no one has yet been blocked, as long as you answer truthfully and consistent with your prior applications, and explain, you should be ok. Take care, Jason
Hi Jason
By the end of Asylum Interview, AO asks attorney for closing remarks and attorney decides to furnish them later, and then down the road it gets delayed for million reasons and attorney’s closing remarks don’t get into file with AO and time is being wasted now
Can this be addressed to avoid delay on decision ? For e.g. reaching out to Asylum Office and requesting them to proceed with decision without attorney’s remarks?
Ignore this please, I have already submitted another comment which wasnt showing up
Hi Jason
Last week when i finished my interview with AO, my attorney was asked if he wanted to furnish his closing remarks, either right then and there (verbal) or in written (later)
My Attorney decided to do it later in written,
Apparently, he hasn’t yet and i am not getting a response from him either
I am worried if this will cause delay in USCIS to make final decision on my case,
Will USCIS proceed and make a decision if it doesn’t get a response in some sort of time frame ? or will it wait and stall till they get a response from my attorney ?
Can i and should i intervene and reach out to Asylum Office directly to proceed with decision since attorney is not approachable and i am losing time ?
Thank you
I doubt it will affect the decision time for the case. My sense is that they don’t really care about closing statements, and they are very unlikely to delay the decision while they wait for one from your lawyer. However, if the lawyer had something helpful to say for the case, you will not have the potential benefit of the AO receiving that information. I do not know that it would be helpful for you to intervene directly, but you should follow up with the lawyer, who should do what he said he would do. Take care, Jason
Thank you
Hello Jason,
I had asked a question last week regarding the 30 day appeal window (after the IJ granting asylum), I am on day 35 and no appeal, it is safe to say I am in the clear?
Thank you in advance.
I would think so, unless they sent something by mail and your mail is very slow. Take care, Jason
Hello Jason.
I initially applied for asylum in Boston office in March 2017 when I lived in Maine. Then in 2021 I moved to South Carolina, and when EAD expired, I filed for renewal and showed SC address. Does it mean my asylum case was sent to Arlington office or is it still in Boston office? Does the EAD address change also affect asylum case? Thank you.
If you are in SC, I think your asylum office is Arlington, but you can double check if you follow the link under Resources called Asylum Office Locator and enter your new zip code. You need to file a change of address for your asylum case (and any other pending case), which you can do in the USCIS portal or by using form AR-11, available at http://www.uscis.gov. Take care, Jason
Hello I have a question that a person going for interview first time at the Asylum center in Long Island, NY, is there a danger for being arrested? First time appointment. Thank u
I have not heard about people being arrested at asylum interviews, but I do not do many cases in NY and have less info about that office. I think it is probably safe, but maybe you want to talk to a lawyer who does more cases there for help with the case and more info about any issues with ICE at that office. Take care, Jason
Hello Jason,
How are you doing?
A friend of mine went for affirmative asylum interview in April 2018,and has never received a decision.Though after that interview they called him back for more clarification and retained his passport since then,and said he saw his documents placed under the “fraud’ category
Recently, he applied for marriage based AOS, and was called for an interview,not so long after.
In the interview,they were told they still cannot make a decision on his marriage application,since they still have un completed investigation in his previous application.
So this too is now on hold.
Is it possible for him to close his asylum case,since he now has the marriage petition also pending,regardless of the ongoing investigation?
How else can he speed up the decision on his applications?
Thanks.
Chichi.
If he closes the asylum case without having the green card, his case could be referred to immigration court, which would make the marriage case more complicated (but definitely not impossible to win). Also, even if he could close the asylum case, if there is a fraud issue, closing the case will not help him. He might do better to file a mandamus lawsuit to force the government to issue a decision in one of the cases – he can talk to a lawyer about which case is the better candidate for a mandamus lawsuit, or whether a mandamus is a good idea at all given the potential problem with his case. Take care, Jason
Hi Jaison,
Hope u doing good,
I want to ask you a question. I am on pending asylum and my first interview has schedule next week after 8 years. Actually i dont have the police report to support my case. I just left my country to save my n family lives. Please guide if i can aarange some thing else to support my case or as evidence. I have submitted the witness who was with me at the time of incident.
Secondly what will be next step after uscis interview they can deny/referal to court or approve.
Thanks alot
You can get letters from witnesses, medical reports (if you had injuries), country condition evidence showing that the police make political arrests (if that is your case). I wrote about what happens if the case is referred to court on March 7, 2018. I also wrote about some common reasons that cases are denied on March 15, 2023 and maybe that would help you think about what other evidence might be needed. Good luck, Jason
Jason,
I just got the Advance Parole. However, my country is one of the banned countries. Can I still leave the US and come back? My guess would be that if I leave then I won’t be allowed into the US again. I just thought that I might ask and see. My country was on the ban list during Trump’s first term and now it’s on the top of the list again.
Unfortunately, the proclamation does not discuss AP, and so we do not know. I think there is a risk that if you leave, you won’t be able to return, but it may depend on what type of cases you have. For example, if you already have asylum and for some reason, you have AP (rather than a Refugee Travel Document), you should be able to return, as asylees are (seemingly) exempt from the ban. You might wait a bit to see if we get more clarity about how the ban affects AP travel. If you must travel, talk to a lawyer first to see whether you might meet any exemptions to the ban. Take care, Jason
Hi Jason,
After interview my online status says as follow.
Decision Was Mailed
We reached a decision on your application. You should expect to receive the decision shortly. You must follow the instructions in your decision letter as to what to do next
What you think is it approved or refer to court.
I don’t know and I think you have to wait for the paper decision to be sure. Good luck, Jason
Hi Jason,
Thank you, I just checked and it’s referred to court master hearing in Aug 2025.
Please advise what to expect on master hearing and what is the approval rate in courts.
Thank you
When you applied for it ?
I wrote about what happens in court on March 7, 2018. In terms of grant rates, overall, something like 76% of cases denied at the asylum office are granted in court. However, that is a national (and somewhat dated) figure, and you can Google “TRAC Immigration” to try to see your own judge’s approval rate. Newer judges are not listed, and you have to be careful about this data, as much depends on the specifics of your case. I wrote more about that on March 15, 2023. Take care, Jason
Jason,
How likely to succeed with visa overstay forgiveness application while having a pending asylum case? The overstay before the asylum was more than a year.
I’m asking in case I decide to leave on my own before I hear anything from immegration then I apply for another visa through marriage. Is that possible?
A visa overstay would not block you from asylum, but failure to file asylum within your first year in the US could block you – I wrote about that, including exceptions to the one-year filing rule, on January 18, 2018 and maybe that post will help. You could potentially get your status based on marriage, but whether that would require you to leave the US or not, or whether you are eligible at all, I do not know. I think you should talk to a lawyer about the specifics of your case before you take any action, so you know what your options are. Take care, Jason
Hi Jason, I hope you will be fine and healthy,
I submitted another expedite request for my family i730 application due to the horrifying and scarry war like conditions between my home country pakistan and India who got engaged for almost 4 to 5 days of a full blown war and as my family lives very near to the border with India, they saw drones and missiles flying over their heads. I submitted this through a phone call on humanitarian basis and after almost 8 days of submitting, I recieved a phone call today from USCIS and the officer , she asked me for any supportive evidence for the said request and in reply I told her that this is reported in every big media news channel, like CNN , FOX News etc, but she told me that with any relevant evidence, they can’t proceed with my request, and after the end of that call. I received an email describing the same wording that without a proper evidence, they cannot submit my request to the office having jurisdiction over my case.
My question is, what will be the relevant evidence inthat case, if it would be some news cuttings from some reputable newspapers, any videos from the news of CNN, FOX ALJAZEERA TV or what kind of an evidence should I submit to them.
Your kind reply and guidance is required my brother.
Thanx alot for your every help and suggestion previously you gave to me and I will be greatful for your newer response.
Regards
Yes – I think news articles from reliable sources is some evidence. Also, your family members can write a letter about their experience and how it affected them and how they are afraid. They may also want to explain why they cannot move to a safer part of Pakistan (if there is an explanation about that – otherwise, they would not need to discuss that point). Good luck, Jason
Hi Jason,
Thanks alot for you precious time you dedicated to assist who in need.
I just got denial for my I-485 employment based application, what I understood that I didn’t maintain lawful residence since I entered the US.
I came here 10 years ago, filed for Asylum after 45 days which is still pending awaiting for interview, fives years later I filed and got the TPS prior to filing the PERM application.
The Notice states that there is a Lag for almost 5 years of unlawful residence as the pending Asylum is not considered as a legal status.
Any thoughts how to work this out.
Thanks,
This is not really my area, but my understanding of TPS is that it is considered a valid status for purposes of adjustment of status (getting a GC inside the US). I think it may be worthwhile to have a lawyer who knows more than me double check this. You probably have 30 days to ask USCIS to reconsider the decision, so it is not much time, but maybe they got it wrong in this case. Again, I am not certain about this, but it may be worth consulting with a lawyer who does business immigration to see what the lawyer thinks. Take care, Jason
Hi Jason,
I am a national of one of the countries affected by the restriction on entry (travel ban) that was announced yesterday. I read the proclamation and I see two exceptions that apply to me:
1- Being a lawful permanent resident of the United States;
2- “This proclamation shall not apply to an individual who has been granted asylum by the United States, to a refugee who has already been admitted to the United States…”
Since I qualify for both exceptions—being a green card holder and being an individual who was granted asylum before becoming a green card holder (my green card was through asylum)—which exception would apply if I travel with my passport and green card? I believe it would be my green card since I was granted the green card after the asylum was granted, so it is more recent in that sense.
I guess the good news is that there are exceptions and people who are LPRs, asylees, and refugees are exempted. However, how this will be implemented is not clear, and the proclamation is a long document. It would be helpful if, at some point, you could write about it and explain it to people, since there are many who are freaking out.
I plan to write more about it next week, but as it is written, it would not affect a person who has a GC or a person with asylum. I agree that we will have to see how it is implemented to know for sure, but at least at this point, it does not seem you will be affected. Take care, Jason
Hi Jason,
I live in Houston TX, I was granted CAT protection in 2011, I am under an order of Supervision and my next report date is in June 30th. Have you heard anything about ICE detaining anyone who is reporting in the Houston office?
Thank you Sir.
I have not heard specifically about Houston, but I have heard about some people being detained in this situation. Not everyone, and I do not know if it is 2% or 50%, but it is possible. You may want to talk to a local lawyer who can assist with a habeas corpus case (a federal lawsuit) or assist if they try to send you to a third country (you have to show that the third country would be unsafe for you). If you do get detained, you will need help quickly and so it is a very good idea to arrange this in advance with a lawyer, before the check-in date. Take care, Jason
Jason,
Is being a citizen of one of the banned countries help my asylum case at all? I mean the US government said on the White House official website that my country is full of terrorists and crimes of all kind (which is true) I’m not saying everyone there is a terrorist but last legit war was about a week ago back home. War has been non stop or on and off since 2011. My case is all about me though, it’s not about the condition of the country but I wonder if the condition of the country, US travel ban and the fact that my country is level D or level 4 Do Not Travel country all help or contribute “positively” with my case?
You can submit evidence about that along with other country condition evidence. I do not think being on the banned list will necessarily help an asylum case, but it probably depends on the case. Take care, Jason
hi，Jason
I came to the United States with my mother in 2010 by plane. I had an i94 card (but it has expired now). I was not yet 18 years old at that time. After coming to the United States, I had political asylum with my mother, but later the case was frozen. Now I want my husband to apply for me. He now has a green card and we have two children. Can I be applied for?
thanks
I am not sure what you mean by the case is frozen. A GC person can apply for a spouse, but in most cases the spouse would need to leave the US to get a GC of her own. If your husband is a US citizen and he files for you, you can probably get your GC without leaving the US. You may want to talk to a lawyer to see what can be done, as it depends on the specific situation. Take care, Jason
I applied for asylum on March 2017 in Boston office and waiting for the interview. Do you have any information on how long the wait time is? And if I fail the interview and the officer sends my case to the immigration judge, how long do I have to wait for the hearing? Thank you
I do not know, but many old cases are being interviewed, and so it is a good idea to gather all your evidence and make sure you are ready to go. If you get sent to court, the wait time varies depending on the court and the specific judge, but most court cases take a year, more or less, at least that is what I am seeing in my area (around Washington, DC). Take care, Jason
Hi! JASON
Thank you inadvance for your help. I have a plan to apply for naturalization. In case of lack of awareness I file address change to USCIS two years later after I moved. This affects my N-400 if how I handle this case?
In other words, you failed to update your address on time? In that case, I think you just need to file the N-400, list your addresses on the form and dates you lived at each address, and if they ask for an explanation about the address change, you can give the explanation at that time. I have not seen anyone get into trouble under these circumstances, though these days, you need to be extra careful. Take care, Jason
Hello Jason,
Thank you for your support.
I read in mainstream media that there are proposals to increase the work authorization waiting period from the current 180 days to one year.Will that succeed or can it be challenged in court?
Also, there are plans to crack down on visa overstays.How would that impact those who applied for asylum more tgan 6 months,say in the 7th or 8th month after their i94 status expired for visitor visas?
Finally,has the social security administration paused issuance of social security numbers to candidates for adjustment of status, such as those who have applied for marriage petitions?Will this also affect other groups, such as asylum applicants awaiting interviews and employment based permanent residency petitions,such as H4 visa holders on H4 EAD, and how will it play in the long run?
Thank you,
Chichi jojo.
A change in the work permit rules could be challenged under the Administrative Procedures Act, which (somewhat) prevents the government from taking action that is arbitrary and capricious. Whether a court would ultimately prevent them from changing the work permit rules, I do not know. I do not know that a crackdown on visa overstays would affect asylum seekers; I guess we would need to see what the new rules are. I have not heard about a pause on SSNs, so I do not know about that, sorry. Take care, Jason
Hi Jason,
A quick question, my husband , my daughter and me, we all have GC. My husband is due to apply for Citizenship in 2027, and my daughter and me are due to apply for Citizenship in 2029. Please let me know is it okay if my husband gets his citizenship before me and my daughter in 2027? Or What do you suggest, shall my husband wait 2 years so that we will apply together for Citizenship.
Thanks for always being helpful. God bless you
That is no problem. The only issue would be if your husband got his GC based on asylum and if some dependents did not yet have their own GC (and still only have asylum). In that case, if he became a citizen, it would cause major delays for the asylee dependents to get their GCs. But if you all already have GCs, there is no problem. Take care, Jason