Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Dzubow & Pilcher, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
JDzubow@DzubowLaw.com
(202) 328-1353
Dear Sir
First of all, I would like to thank you for all the support you offer here.
I have asylum case & did the interview & went very well last month ( Dec, 09, 2016).
I asked for the results & they informed me that might be a security check.
would you plz advise me more about this situation.
Again, thanks for all support.
Regards
Morhaf
This is very common. Sometimes, the post interview delay is short (weeks or a few months), but other times it is very long (2, 3 or more years). If you do not get a decision soon, you can contact the asylum office to inquire about your case. You can find their contact info if you follow the link at right called Asylum Office Locator. You can also contact the USCIS Ombudsman (a link is also at right), and they may be able to help with a delayed case, but you should probably not do that until you have been waiting for 6 months. Also, if you are from a country that has recently been “banned” by Trump, the USCIS cannot issue a decision in your case until the ban is lifted (and we do not know when that will be). Take care, Jason
(b) The Secretary shall take all appropriate action and allocate all legally available resources to immediately assign asylum officers to immigration detention facilities for the purpose of accepting asylum referrals and conducting credible fear determinations pursuant to section 235(b)(1) of the INA (8 U.S.C. 1225(b)(1)) and applicable regulations and reasonable fear determinations pursuant to applicable regulations
This sounds scary!! allocate all legally available resources to immediately assign asylum officers to immigration detention facilities??? that means processing of affirmative asylum cases will be suspended?
No – see my response to your other question.
Hi Jason
Today I heard from USCIS agent in field office that I may receive a notice for a second asylum interview. It has been almost 3 years since the first one with no decision yet. Is the 2nd interview a good or bad sign?
Thanks
I suppose it is good that they did not forget about you. I was just at a third interview for someone yesterday. You can ask the officer whether they can give you an idea about the time frame for a decision. Sometimes, they will actually tell you something substantive. Take care, Jason
Hey Jason, here is some more detailed information from Trump’s executive order:
In furtherance of the policies outlined, the Order requires the Secretary of the Department of Homeland Security to take immediate steps to plan, design, develop long-term funding for, and construct a physical wall along the Mexican border. Among other specifics, it directs the Secretary to allocate resources to immediately assign asylum officers to detention facilities to review asylum applications and conduct credible fear determinations, as well as issue new policy regarding the appropriate use of detention authority, including the termination of the practice known as “catch and release.” The Attorney General is to make all resources available for the assigning of immigration judges to detention centers and to establish prosecution guidelines.
if they further allocate asylum officers to detention facilities, Do you think current delay in affirmative asylum cases will further worsen? or you have some other reasons to be positive for future?
If the “surge” at the Southern border stops (or slows), it will free up asylum officers to work on affirmative cases. Also, since we will now be processing fewer refugees, it seems that the refugee officers will be used to process asylum cases. These are two reasons to think things may get faster, but sending more officers to the detention facilities may make things slower. We will have to see how it all plays out. Take care, Jason
Hello Jason . My asylum case is pending since 15 months, my question is that is it legally possible to go and appear in front of immigration court instead waiting for interview from asylum office under these uncertain conditions. Thank you
Not really. Maybe if you commit a crime and get arrested, you will get to an immigration judge sooner, but that sounds like a bad idea. You can ask that your case be expedited, if you have a good reason (health problem, family separation). If you contact the local asylum office, they should give you the procedure to expedite. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Mr. Dzubow,
Thank you again for providing your blog and for answering my question. I had wrote to you about my Syrian friend who had gained asylum and sponsored her husband on a derivative asylum basis (I- 730). I told you that it has been over two years waiting for it to process.
You suggested emailing / contacting the embassy or once Trump’s Executive Order was figured out hire a lawyer: your words below
“If it was not for the exec order, I would say that hiring a lawyer who knows about consular processing might help”
I think maybe I was not clear enough in my first question – My friend (the Syrian Asylee) already has contacted the embassy a few times in the space of that over 2 year waiting period. The embassy gave her the reply that the case is still in administrative processing. You state that it may help to hire a lawyer and I would trust your opinion as I read you have delt with over 50 Syria related cases. However, another lawyer told me that a lawyer can not be of any help. She must simply wait until her husband’s case is fully processed to get an answer and it can sometimes take as much as 5 years for an I-730 case to be processed. The lawyer recommended that while she was waiting, she should simply the embassy every 3 months to make sure the case is being paid attention to and that she is updated on its status. The lawyer I spoke to stated that this was all that could be done so there was really no use for a lawyer. the answer sounded realistic to me but since I came across your blog I wrote you for a second opinion.
Anyway this being the case,what is your opinion: do you still feel it of her benefit to hire a lawyer (of course after the consequences of the executive order is figured out)?
Thank you so again for your time and your very informative blog.
I have never seen such a long delay for an I-730. I think you need a lawyer who has experience with consular processing (I do not have much) who can help communicate with the embassy. Of course, it is possible that the lawyer will not help, but they might, and if your friend can afford it, it is worth a try. However, the EO currently blocks such people form Syria, so nothing will happen until/if that changes. Take care, Jason
Awesome website thank you very much for your hard work.
I am currently in the USA with my family holding b1 visa and want to apply for political asylum. My country not included in 7 Muslim countries blacklist and we are Christians.
Am I still eligible to apply for political asylum after D. Trump latest orders?
You should be able to apply as normal. Take care, Jason
Hi Jason,
Thank you so much for your help on this blog , i must tell you that you are a great job here and God bless you.
Please i have concern regarding the EO . I applied for Asylum based on FGM sometimes last year June and have my Bio metrics done today . I am just worried if the EO would affect our case although i am not from the seven countries mentioned and secondly would it further the delay the process in our own case ?
I do not see how the EO would affect an FGM case that is not from one of the listed countries. As for delay, at this point, it is unclear whether the changes will make asylum slower or faster. We will have to wait and see. So far, though, my thought is that for people like you, the EOs will not make much difference. Take care, Jason
thanks for advice…
Hello MR. JASON
I thank you for taking the time reading and replying the questions and comments.
I am very concerned about my case, I am currently waiting for an answer regarding my pending asylum case. I am from Yemen, but entered the U.S. three years ago through travel and visit.. I am currently engaged to a citizen women and was supposd to be married around April. My question is , Am I able to apply to citizenship through her or the Trump ban will not allow that knowing that my case is still pending.
Will my pending case be deported?
I thank you in advance for taking the tike reading my comment
Hi,
There is a lengthy process if you get married which first involves getting a Green Card. After 3-5 years you will be able to apply for citizenship but that does not include processing times which can take months to an year.
But your case to stay will be stronger since Trump’s orders have an expemption on case by case bases.
At the moment the EO is only for 90 days and beyond that if he does not renew the order everything should be normal.
Cheers,
J (not Jason)
Trump’s orders might affect you, but it is a bit unclear. The executive order states that immigration benefits (which would presumably include asylum and a green card based on marriage to a US citizen) are suspended for nationals from certain countries, including Yemen. However, the EO is vague on this point for people in the US, and so it is unclear how long the suspension lasts. In other words, the president’s order is vague, and so we do not know. Over the next few months (i.e., before you get married and file for a green card), we should get a better idea of how the EO will be applied in practice, and then hopefully, you can make a more informed decision. Take care, Jason
Hi Mr. Jason
Do you think that Trump’s new decisions regarding banning Syrian refugees will affect the TPS for Syrian?
It might, but it is unclear. The executive order states that immigration benefits (which would presumably include TPS) are suspended for nationals from certain countries, including Syria. However, the EO is vague on this point, and so it is unclear which benefits are covered. Also, I believe the president has the authority to end TPS, and we will have to wait and see whether this happens. Hopefully not, but with Trump, there is no predicting. Take care, Jason
Mr.Jason, for goddess sake please answer me. we currently live in florida. we are a husband and wife from Libya came to the US 5 years ago. we have one daughter , she is 4 years, she’s an american citizen of course. both me and my wife are out of status for two years now. today 01/27/17 we sent an asylum application to USICS ! whats the scenario you would think ? do you think trump’s EO doesn’t affect accepting our application ? or you think his EO bars people from those 7 countries from applying for asylum even inside the US ? .. Logically and legally i would think his EO cant bar people from applying and getting their a Receipt notice, But I need your thoughts on this cuz we’re freaked out !! Man, can you imagine an american child being deported from america to unsafe country !!! please your thoughts.. millions of thanks in advance.
Hi Akram,
In short, Hopefully everything is going to be alright because US will not send parents of American Citizens away. Just don’t visit any country outside US and you may have to weather a few years under trump but people already here with American children are not that easy to send away.
For the Asylum as a rule of thumb Asylum has to be claimed within one year of entering the country BUT you can/need to show there have been a change in circumstance within one year in your country of origin which has particularly affected you and thus you are claiming asylum.
As far as I understand Asylum is not a visa so the executive order barring people of 7 countries should not effect your Asylum being accepted or rejected based on the executive order alone but the one year rule may be an issue which you will have to resolve.
You can send supporting documents to USCIS once you receive your receipt.
Interviews are currently taking around 2 years but can be scheduled any time so be prepared and send supporting documents as soon as they are complete. And be consistent and honest. You will be alright.
Hope that helps, all the best.
Regards,
J
(Im another J not Jason, this advice may not reflect that of Jason)
The executive order states that immigration benefits (which would presumably include asylum) are suspended for nationals from certain countries, including Libya. However, the EO is vague on this point, and so it is unclear how long the suspension lasts for people who are in the US. In other words, the president’s order is vague, and so we do not know exactly how it will affect asylum seekers (or if it will affect your EAD, when the time comes). I think when the time comes for the interview, we will have more clarity on what the EO means and how it affects your case. In the mean time, I do recommend that you have a lawyer to help with the process and to keep you informed of changes to the law. Also, people who do not file for asylum within one year of arriving here can be barred from asylum, so you may need a lawyer help you to meet an exception to that rule. Take care, Jason
Hi Jason,
I recently received my Green card based on Asylum of my spouse.
We are citizen of Nepal and carry the passport for the same.
I am planning to visit India next week for about two weeks.
Would there be any problem when I travel back to USA ?
Thank you very much in advance.
Hi,
Make your own decision, but you may be asked on return about your trip since Nepal is next to India. Just be very clear on your time line of events and places you visited when you visit India.
J (not Jason)
At this point, it would appear that you are safe to travel, since you are not from a “country of particular concern,” but the situation is very unpredictable. I recommend you not travel, if possible, until things settle down a bit. If you do travel, keep an eye on the US news to make sure there are no changes to the immigration rules that could affect you. Also, you should travel using a Refugee Travel Document, not your passport. Take care, Jason
hello Jazon, thank you for your prompt replies. In fact I really personally do appreciate your patience in responding to our questions.
Sir, I am really worried about the situation in my country and the safety of my wife and three children. I applied for asylum its more than a year now.
My family is constantly being persecuted and currently they are no where to be found because the government is carrying out massive arrests and detention of family members of those who escaped persecution.
Can I request my asylum office to expedite my case, given that the situation of my country and the welfare of my children and wife keeps deteriorating?
please what can I do in this situation?
Thanks
You can write to your local office, even more effective would be to write to your local representative (legislator) and ask them to inquire on your behalf because of your circumstances.
Cheers,
J (not Jason)
You can ask to expedite. Contact the local asylum office for information about how to expedite. You can find their contact info if you follow the link at right called Asylum Office Locator. You will need evidence of your family’s problems, but if you can get that, you may have a good chance to expedite. Take care, Jason
Dear Jason,
My husband has applied for asylum 1 year ago and is still waiting for the interview. He got his EAD. We are from Armenia. Can you please tell we if he is under danger of getting deported or those laws are only for people from Middle East.
Thanks in advance.
In all fairness, why were you even granted asylum in the first place? Armenia is not a poor or war-torn country. Armenia has a far lower murder rate than America.
Hey Robert, common man.
You can be from the United States and claim asylum in Canada or somewhere else based on prosecution based on your believes or something you have done (excluding criminal activity) like political activism that has caused you to flee or leak info, so many things. Asylum has nothing to do with war torn or poor or rich.
Read the difference between Asylum and Refugee, Im sure you are a perfectly intelligent person.
normally.
No, you are not refugees and not from Syria so should not effect you.
Refugees are people tapped outside of US (mostly in refugee camps) to be taken to US. You are in US if you applied for asylum and a completely different thing.
Cheers,
J (not Jason)
If you are here with asylum pending, you are probably safe. I wrote a blog post about this topic on January 27, 2017 – Maybe that would be helpful. Take care, Jason
Hi Jason
Thank you for the platform and your interest to support individuals with different cases.
I have applied political asylum (I589) two months before and currently waitin to apply for Work permit. The condition in my country is still not stable. My spouse and my two kids are there in my home country. I am always worrying about their safety. Moreover, my kids as well as my wife were totally dependent on me in regarding expenses. Now, I felt that they are suffering a lot even with in this 3-4months.
Can I request the local asylum office to expedite the interview time? I would appreciate if you can advise me on this.
Regards
Beke
Hi Beke,
You can try writing to them but normally the interview waiting period is much longer than 45 days advised because of the burden USCIS is experiencing, (normally around 2 years) but during the 3-4 months working on paid work may invalidate your Asylum claim. That is the law.
Most likely you will have to wait but please be ingenuitive during this time and seek support from supporting groups in your community if you need to.
Hopefully everything will work out in the end for you.
Regards,
J
I disagree with the point about working unlawfully. It should not affect an asylum claim (unless you lie about working unlawfully to USCIS). Take care, Jason
If you have relatives who are under threat, that can be a good reason to expedite. You can contact your local asylum office and ask them how to expedite a case, but for sure you want to provide evidence that they are having problems in the home country, like letters from people who know about the problems and any documentation of the problems. You can find the asylum office’s contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
hi jason……thanks for this side ……we have applied asylum on religious groun…last 1 & half year ago and received copy from uscis office..my question is uscis office will call me for interview. or i have to contact them for farther ..what is the procedure…. appreciate your help…..das…
If you received receipt of your application then you have to wait until the scheduler (which is a computer at USCIS) will send your interview details date etc.
You can check waiting times at the website and the wait is around 2 years but can be earlier or later. Just depends on the work load of your local office amongst other things. Make sure they have your right address.
Good luck,
J (not Jason)
thanks for the reapply..
They will contact you. However, there are long delays, which you can see if you follow the link at right called Asylum Office Scheduling Bulletin. It is sometimes possible to expedite a case. You can ask your local asylum office about that. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Mr. Dzubow,
I came across your blog when I was looking for information to assist a friend (a Sryian Asylee). Your blog is very informative and I see that you also answer questions sometimes. My question concerns I-730 waiting times for processing. I am writing regarding a Syrian who was given asylum in the U.S. (and now has her residency). Upon obtaining asylum, she immediately applied for her husband as a asylee beneficiary with Form I-730. At present this individual has not been using a lawyer for her husband’s case. Her husband did receive initial approval and his case was forward to the embassy in Lebanon. The embassy brought him in for an interview and immediately asked for additional documents (his professional papers published as a professor, where he visited, etc.) The paperwork was submitted immediately upon request.
She did not hear anything back for quite awhile and sent a letter to the embassy to inquire as to what happened and at this time they informed her that her husband’s case was in administrative processing. This term “administrative processing” I believe this means that probably they felt the need to do a “security background check”, correct? The asylee’s husband (who she sponsored as a derivative asylee – form I-730) was a Phd professor of Chemistry so he has a technical background that could be put on “Technology Alert List” – (professions, education, etc that could be used in a harmful way to the U.S.)
My question is how long would one expect to wait for a resolution to such a background check take. She has already waited over 2 years with no signs of anything being resolved soon. Additionally would you recommend that she obtain a lawyer or is everything that can be done has been done and she must simply wait for however long it takes for the administrative processing of her husband’s case.
Thank you so much,
J.B.
Yes, get a good lawyer,
I have worked with Kyce Siddiqi and he is a pretty knowledgeable guy.
Chemistry professor is far from being a threat but everyone even the ones in US have to go through a thorough back ground check so its not particularly him.
Hope that helps,
J (not Jason)
I have not worked with Jason but he seems pretty knowledgeable as well.
J (not Jason)
The recent executive order of the president would block a Syrian from coming to the US based on an approved I-730. I do not know whether a lawyer can do anything about that. Clearly, though, something is wrong if the case has been waiting for 2 years. You can try to contact the USCIS Ombudsman (a link is at right), though I am not sure they can help now that the case is with the State Department. Maybe contact the embassy in Lebanon (you can find their email if you Google the embassy website) – maybe they can provide more info. If it was not for the exec order, I would say that hiring a lawyer who knows about consular processing might help, but for now, it appears that no Syrian will be coming to the US, so you may want to wait and see how the exec order is interpreted before hiring a lawyer. If Syrian who have approved I-730s can come to the US, it may be worthwhile to hire a lawyer for the case. Take care, Jason
Hi Jason, thanks for you dedicated efforts trying to keep us informed about asylum issues.
On 25th Jan, president Trump signed EO regarding illegal immigrants deportation, my question is since i have withholding of removal , how can this effect me? Do i consider myself one of them?I am from somalia and there was,some detained somali asylum seekers who had their cases denied by IJ , have been deported back to somalia though the country still unsafe to return. Now i am really concerned about this and really like your input. Thanks again.
I think you are safe from removal to Somalia. Trumps would need Congress to change the law in order for you to be removed, and this does not seem to be happening. I wrote a blog post on January 27 that might also provide some more details on this point – maybe it would be helpful to you. Take care, Jason
Hi Jason . I applied asylum in sfo in November 2015 . My husband and my son are included in my case . My question is that can my husband apply for Labour certification eb3 visa while our application is pending and can he applapply for RTD to travel other countries.
Hi Jason . I applied asylum in sfo in November 2015 . My husband and my son are included in my case . My question is that can my husband apply for Labour certification eb3 visa while our application is pending and can he applapply for RTG to travel other countries.
For a person to travel while a case is pending, he or she needs Advance Parole (form I-131, available at http://www.uscis.gov). With the new changes from President Trump, if you are from a Muslim country, I recommend you/he talk to a lawyer before traveling. As for the labor cert, he can apply and get approved for the first part, but he may not be eligible to get his green card without leaving the country (or maybe at all, depending on his case), so I recommend he talk to a lawyer before beginning the process to be sure he can get the green card that way. Take care, Jason
Is there any way to get healthcare benefit for my daughter (5 years old) like medicaid or any other when my asylum case pending. I applied EAD last month.
Contact your local office of Catholic Charities – They know more about benefits than I do. Take care, Jason
In California you can get medI-cal . While your case is pending , all family members can get California state’s “medi-cal” insurance. Free
Hello Jason
Hope all is good. My question is related to today’s excutive action regarding refugees and visas. I heard that includes people currently here with asylum pending case specially from countires in middle east. Is this true , will they suspend and deny asylum for people who have been waiting for years for an asylum interview? Any insight ?
I have the same concern. I am a pro bono attorney with an interview for my Afghan client coming within the week. What do you suppose will happen for the spouse and 3 children who are Muslims?
Aside from what I wrote above, the main problem would be that if the dependents are not in the US and want to follow to join. They may not be granted a visa. It is much easier to keep people from coming here than to deport people who are here, and so Trump is targeting the “low hanging fruit” first. Also, by the way, Afghanistan is not on the list of banned countries contained in the leaked EO, but it may be on the list targeting certain nationals for additional scrutiny (but I have not seen that list yet). Good luck with the interview, Jason
I have not seen anything from Trump yet that would affect a pending asylum case or someone who already has asylum, but we do not know what is to come, and it is not 100% clear what the executive order (EO) will do, as some of it seems ambiguous. In addition, a leaked EO (not yet signed) affects people who receive any benefits under US immigration law, and this would include asylum seekers. However, it is unclear how it would affect asylum seekers, who are already closely vetted. Basically, we will have to wait and see how it will be implemented. Take care, Jason
Yp, suspension of Immigration benefits is deeply disturbing as that would include everyone who is not a US citizen belonging to effected countries.
https://www.nytimes.com/interactive/2017/01/25/us/politics/document-Trump-EO-Draft-on-Refugees.html
i Jason
i have been following your blogs regularly. thank you for such a useful info and your time.
i have a question my husband mentioned me and two children when he applied for asylum in his application, but at that time I was pending for some other change of status case. now my case is denied and i am out of status and also its been almost two years in US. Can my husband include me and kids at this stage for his dependents and i could get EAD as his case is still pending. i am confuse here what is the difference between mentioning the wife and kids and including the wife and kids in your asylum application. kindly reply asap.
Below where he lists you on the I-589 form is a box where you can check whether you are included in the application or not. If you were not included, he can add you now (if you are in the US), and you can apply for an EAD once you are added to the case (assuming he filed more than 150 days ago). Contact the local asylum office and they can tell you how to add your name and your children to the case. You can find the Asylum Office contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
I heard today USC expended work permit time one year to two years that is true?
I have been waiting 8 months my decision and I had waited two years interview only what do you think it’s gonna take more times?
Work permits are now valid for 2 years – this change was from last fall. If you were interviewed for asylum and have been waiting 8 months, you may want to contact the Asylum Office to inquire about your status. You can find the Asylum Office contact info if you follow the link at right called Asylum Office Locator. You can also contact the USCIS Ombudsman – a link for them is at right also. Take care, Jason
Dear jason,
i want to know that form i589 available on internet shows expiry date of 31 deceber 2016..i want to file my application for assylum which form to use as the form available on internet is expire…
thanx in advance sir
That is the only form available, and it is the one we are using still (at http://www.uscis.gov). Maybe they will create a new form, but I have not yet seen it, and they are still accepting the old form. Take care, Jason
Hi Jason,
I want to apply for EAD, 150 days have passed since I have applied for asylum. I have few shortages of documents in submitting the form I- 765 package. I have problem retrieving the I-94 form from the website, I was also not mailed or I did not received the acknowledgement paper or receipt number when I filed the form I- 589. I do however received the biometric notice with the receipt number and Alien # number written on it. Would it be ok to submit the I-765 without the I – 94 form and the USCIS receipt number?
I do however checked with the USCIS office and they did say that they received my asylum application and its pending as of now.
But I am not so sure if it would be ok to apply for EAD without those two required forms.
Would appreciate your help and advise on this matter
Thanks a lot.
Amir
Dear Jason,
The calendar updated is not correct for Newark, NJ
December 2016 —->December – January 2013 should be January 2014.
You know we as asylum seekers/refugees we use to talk and get more information about cases.
How can you or USCIS justified people filled early 2015 application in Chicago and Massachusetts got already interviewed and my spouse case in Chicago still pending since 2014? These people have no priority according to the way USCIS classifier cases and they never expedite they cases.
Why did they sent other case to log yard and for what reason?
Looks like first in first out is not the case with USCIS?
Cases are generally moving in order of filing, but there are exceptions. USCIS has been trying to improve the situation, but they are overwhelmed by the number of applicants. I do think there are things they could have done better. We will see how things go under the new president. Take care, Jason
Hi Jason
Hope you are doing great!
Can my brother (U.S. national) sponsor me for GC while my asylum is pending decision (I have been interviewed). Can I file form I30 and I485 concurrently in this regard.
Best
Your brother can sponsor you by filing the I-130, but there is a 12 or 14 year waiting period for siblings (Google “DOS visa bulletin” to see this). You cannot file the I-485 until the visa is “current”, meaning after you wait the 12 or 14 years. Even then, you would probably need to leave the US to collect your green card, which may or may not be possible (you’d have to talk to a lawyer about that). Take care, Jason
Thanks Jason for your reply. But I don’t need a visa; I’m already in the US. So I don’t understand your point about the visa becoming “current”. I’m not on visa anymore. I’m waiting for asylum decision.
If your brother files a petition for you, you have to wait many years before the petition is current, meaning, you cannot apply for the green card until the petition is current (12+ year). Take care, Jason
Thanks Jason! In form I130, there is a question: whether your relative (me) lives in the US (in this case, I have to give the name of city and state in the US where I’ll apply for adjustment) or outside the US (in this case, I have to put the embassy or consulate name abroad where I can get visa). I’m living here in US so what option should I choose?
Sorry, I cannot give specific advice about forms. You should consult with a lawyer who can understand the case and advise you. Take care, Jason
These are very specific questions, which a lawyer may not want to answer until you reimburse them, I advise you to seek advise and help from a lawyer like Jason or any good lawyer in your area and reimburse them for their advise.
In your case you have a couple of things to get answers for, 1) you may want to see how your asylum case will be effected if you apply for another benefit. 2) if you need to leave the country for your brother to apply for Green Card for you. 3) Its currently taking more than a decade for brother to brother (siblings) Green Cards and by that time your asylum application will most definitely be processed. So in case you get a grant will you be able to apply for Green Card based on Asylum after one year or will you have to wait for 14 years. (to that does not seem to be a big issue). 4) if you dont get a grant and the process lingers on then it could be of great benefit that you already have a pending Green Card application under process. 5) Will you need to cancel your brother’s application if you get a grant.
Your brother’s Green Card application being current means that it will take 12-14 years according to wait times right now (which may be different at 12-14 years time from now) that USCIS will start considering your application, until then it will be an inactive application.
Cheers,
J (not Jason).
Hi Jason, I have a green card through asylum, may I travel with my country passport? or I need the travel document?
It is better to get a Refugee Travel Document. If you travel with your country’s passport, the US government might consider that you have placed yourself under the protection of your home government, and therefore, the US government might conclude that you no longer fear your home government (this is less of a problem for people who fear terrorist groups or other non-government actors). For this reason, it is safer to use the RTD. Take care, Jason
Hi Jason,
After asylum is granted can the asylee apply for adjustment of status (Green card) three months in advance(9 months from date asylum was granted) just like the cases for renewal of EAD and application for US citizenship?
If not, are there any penalties for applying three months in advance?
Can it be petitioned if one has already lived in the US for over one year prior to grant of asylum?
I filed my I-589 ( Asylum ) at SF office in Feb.2012.
I got my first biometrics in Feb.2012
I had my interview at AO SF in March 2012.
After 4.4 years, I got my second biometrics.
Overall 5years since I filed my case and still waiting for my decision.
I contacted congress office and the investigated and informed my that my case has to be re-analysis and revise before the decision.
I don’t understand what does it mean?
Would appreciate if you could explain this for me. Thanks so much for your help
You may want to contact the USCIS Ombudsman to see whether they can give you more info – a link to their website is at right. I do not know what it means – it may relate to the security background check, or there may be a concern that you paid money or gave other support to an organization that the US government considers a terrorist group. It could also be that the officer who interviewed you left the job and they cannot make a decision without reinterviewing you. You might want to talk to a lawyer about the case and maybe the lawyer can help determine where the problem is; then, at least you may be able to better prepare for a new interview (if any). Take care, Jason
Hi..my wife and kid apply for asylum @ San Francisco office and done 2 interviews and the officer said u have done well.
And that they will send the decision soon. Sonce 18th November we are waiting..what can we do? When we can get answer? How long? Is it good or bad?
Any website to check our status?
You cannot check this online, and it is common for there to be delays. You can email or go in person to the local asylum office to inquire about the case. You can find their contact info if you follow the link at right called Asylum Office Locator. Delays are not a good or bad sign, and there is no way to predict an outcome based on the length of delay. Take care, Jason
If they have to check up on something regarding your application then it takes a little while depending on what they are checking.
Sometimes back ground checks by FBI takes longer than the decision so they may not give you your decision. These checks are different and separate from what an AO will perform.
Most likely its just in the pipeline. its only been two months.
Thanks for the reply..we have received on 23rd of Jan a letter that my wife’s application has been recommended for approval (date of letter is 19th of Jan)
And that they will do investigation of her identity and background.
1st how long this will take?
2nd what’s happening now will affect out case? Or at least will be delayed.
Any information or advice?
Thanks
1 – You cannot predict how long it will take. Usually, it is fairly quick (a few weeks or months), but sometimes it takes years (though normally women are faster than men); 2 – Unless you are from a banned country, it should not affect your case. Take care, Jason
hi Jason,
Greetings of the day !!
I have question, my Indian passport expiry in sept -17, and I have pending asylum case, and my family in my home country but I have mentioned in my application, now as you suggested earlier that its not good to renew passport, as its effect my asylum case, so in this scenario if any emergency come to visit my family or any kind of, how can travel out side USA, can I able to travel on other documents, which are it?? and its accept by all country to travel in,
kindly guide please.
thanks
If you have to travel while your asylum case is pending, the only option I know of is to use your passport, and this could potentially have a negative affect on your asylum case. In addition to your passport, you would need Advance Parole (form I-131, available at http://www.uscis.gov) to re-enter the US. If you travel to your home country, this could also have a negative affect on your asylum case. I recommend you talk to a lawyer about the specifics of the situation before you apply for a new passport or travel, especially if you plan to travel to your home country. Take care, Jason
Hi,
You cannot go back to your home country while you have Asylum pending or even afterwords. Not even when you have a green card.
It will not automatically disqualify you but you will have to answer some very tough questions why you went back and the responses are not generally well accepted (based on the Officer you will talk to when you come back).
Your home country embassy will not know that you applied for Asylum so when you renew your passport they will ask you how you are staying in US. If you tell them you are here in US pending Asylum then it may be a problem.
As a rule of thumb if you are visiting embassy of your country of origin then you are not in fear of prosecution of that country and can invalidate your claim. Thats how its seen at least. You generally would not want to go back to the embassy of your home country that you are fleeing from to get their passport.
Just a little confused here but Im sure there is a justification.
J (not Jason)
Hey Jason.
Need your advice.
I’ve waited for my interview(Arlington) almost 2 years. I know that things go slow right know at Asylum offices, but asylum seekers have to live there life )
The question is…
I was using my friend address to fill up forms and etc. in VA, i already got EAD, but i leave in another state. I like place where i live and i have a nice job. I don’t wanna loose everything and just move in VA, but i don’t wanna loose my asylum case too cause of this. What should i do? If i was doing this for as long as 1 year, does it make sense to me to move right know? How often officers checking addresses? It’s not like marriage or something like that, address shouldn’t be that important for them!?
Do you have any stories regarding this issue?
You have to tell them where you work, and if they see you are working in California (for example) but that your address is Virginia, they may be suspicious that you are lying about your address. If they think you are lying about your address, they may think you are lying about your case. If you have evidence that you use the VA address (tax forms, driver’s license), then you may be ok. There is no mathematical formula for this, and you might want to talk to a lawyer to see how you can minimize the risk. Take care, Jason
Have you ever had those problems?
I was asking lawyers and nobody had this problem.
I have had at least one case where the person’s address was an issue. It did not cause us to lose the case, but it certainly was a major distraction. Take care, Jason
Hello Jason Dzubow
I have applied for asylum in last month in NY. I have a question that if I get h1b visa so can I adjust my status without going to home country by staying in USA or I have to go back to my home country for getting visa stamp
thanks for your cooperation
Hi Jason
I am waiting for you answer can you help me to find out the soloution after getting h1b visa an assyle can adjust his/her status by staying in US or he or she have to leave US for status adjustment?
Your help will be appreciated
Thanks
I do not understand your question. If a person is lawfully in the US on a valid H1b visa, he can get a green card through his employer (assuming he is otherwise eligible). If he also has asylum, I do not see why that should have an effect, but you would need to talk to a lawyer about the specifics of the situation, as it is not clear to me what you are asking. Take care, Jason
Hey Jason
Let me clear my question I want to ask that if someone apply for asylum and during his waiting period he/ she may get h1b visa and he/she if withdraw their asylum case so can they adjust their status by staying in US because I came to know that if you get h1b visa and wants to adjust your status you have to go back to home country and then have to re enter in US before staus adjustment.
Thanks
If your only status is asylum and you want to get an H1b visa, you will probably have to leave the US to do that. But if you have an H1b visa, you should be able to get your green card based on your employer sponsoring you without leaving the US (and whether or not you have an asylum case is probably irrelevant). I do recommend you talk to your H1b lawyer – if you have one – about how this would work in your specific case. Take care, Jason
Hello Jason Dzubow,
I filled my religious asylum application with USCIS back in 2013 and my case was pending in backlog until April 2016. After the interview I did not hear anything for 8 months. Recently when I inquired about the status through the office of my local congressman. In response the USCIS office told me that my case is under a “mandatory confidential investigation of identity and background” check.
I know you wrote a very helpful article about the “background check” delays. Do you see anything unusual with the USCIS’ response? Do you recommend if I should get a lawyer and pursue another follow up with USCIS? Waiting for almost 4 years is frustrating to be honest.
Any guidance from you is appreciated.
David
hi Jason,
Greetings !!
Once I get EAD, can I eligible to do business here, like forex or any other like restaurant etc, if I work for any company or small business, can I able to get all benefit like work medical and insurance etc…??
kindly advise
Thanks
You should be eligible to do that, except for the medical insurance (though you can pay for med insurance on your own). Take care, Jason
Hi Jason,
Based on your advise, I tried to contact the asylum office in San Francisco and very hard to get the customer line. As I know I think you can help me from your professional experiences how to add my spouse in my current pending asylum status in order to enable my spouse get EAD and be on withholding of removal status. Is there any particular form to fill out and add my spouse? Then have the EAD sent for my spouse without waiting 7 to 8 months?
Thank you so much for your extended help!
Ruth
Try sending them an email or going in person (if it is close by), you may get a better response. Also, you can look at the Affirmative Asylum Procedure Manual (a link is at right). It may provide info on adding a spouse. My experience is that it varies slightly between offices, and I do not know the procedure in SF (and since I only do this rarely, I do not remember the exact procedure in my local office). Take care, Jason
Jason,
Thank you so much for your help and kind patience. God bless you!
hi Jason
Greetings of the day !!
Thanks for your blog service, applicate,
I had applied my ead on 11/03/2016, my 150 days were over on 10/29/2016, I got acknowledgement from EAD dept, that they received my documents, but till now no news, its now more then 8 weeks, further I would like to inform you that, I had contacted asylum customer care on 12/13/2016, and they take my request and they send me letter, if you not heard anything within 60 days from 12/13/2016, so contact again, I am worried, why my first time EAD yet not received, kindly advise,
Thanks & Best Regards
It usually takes more than 8 weeks to process. An average of 12 weeks almost.
Where we are (East Coast), it typically takes 3 or 4 months to get the EAD from the time of filing. In some parts of the country it may be faster, but considering that the holidays occurred recently, which slows things down, I do not think your case is outside the normal time frame. I suppose if you do not hear from them by February, you can contact them again. Take care, Jason
I want to apply for asylum to any country in Europe, I’m from Syria and now live in Turkey, but I do not have a lot of money
It is not something I can assist with, but I wish you good luck, Jason
Jason, first of all thank you so much for your help in creating this plateform for us to ask and get answers.
At the moment, I am on asylum pending status for the last 7 months. I applied for EAD and got my card last week. Fortunately, my spouse came to US on a trousit Visa last month. My spouse is already included in my pending asylum, but I need to make sure my spouse gets witholding of removal and the EAD. How can I do this please? Should I have to file I-589 separately? Is there anyway I can get witholding of removal and EAD for my spouse as the time for the interview usually is taking over two years now?
Thank you so much
If your spouse has an independent case, he/she can file a separate I-589 (and wait for 7 or 8 months for the EAD). You could add your spouse to your current case, which would get him/her the EAD faster. To learn how to add a spouse to the case, it is best to contact the local asylum office and ask them how to do it. You can find their contact info if you follow the link at right called Asylum Office Locator. You can also hire a lawyer to help with this. Take care, Jason
Jason, that’s very helpful! I will contact the asylum office how to add my spouse into my current case. Thank you so much!
Dear Jason,
I would like to know is hepatitis C a good reason for expediting an asylum case?
Maybe – You have to give them medical evidence of your condition and explain why expediting the case would help you (maybe it would allow you to get medical insurance if you had asylum). Good luck, Jason
Hi,
I had filed for my change of status application from B1 TO F1 in dec 2014 , it was denied because I was becoming out of status 30 days before start of classes , filed a motion to reconsider which was approved but the application was denied in march 2016
I filed my asylum application in may 2016 , my previous application for change of status was reopened in sept (service motion ) and just received a letter of intent to deny unless I submit a fresh I 20 .
what should I do , very confused , should I submit a fresh I 20 ? withdraw the asylum application or continue with both ?
thank you
You should talk to a lawyer about the specifics of the case. It would be helpful to your asylum case if you could get your student status re-instated, as that would eliminate any problem with the one-year filing bar (you are required to file asylum within one year of arriving in the US; there are exceptions, and being in lawful status is one exception – however, the situation you describe may cause USCIS to think you missed the one-year deadline and that you do not meet an exception; if you get re-instated, this problem should be solved). Take care, Jason
Asked a question couple of days ago, PREVOIUS COMMENTS link takes you to an empty page where you can’t find any other comments. Sad.
Thanks for letting me know – We will try to fix it…
Hi jason,
Happy new year,
I moved from New Jersey to los angles(CALIFORNIA) 50 days ago ,I haven’t changed my address but I applied for my EAD and put my los angles address on EAD application, its been more thsn 30 days I haven’t received any confirmation letter from uscis .
Please guide me.
Thank you
I would wait another few weeks for the receipt, as things tend to be slower around the holidays. However, you should have filed the AR-11 (available at http://www.uscis.gov) with the old local asylum office. It is possible that the different addresses are causing the problem, though I kind of doubt it. If you do not hear anything in a few weeks, maybe you want to call USCIS to see whether the I-765 was received (the phone number is on their website http://www.uscis.gov). If that does not help, maybe you will need to re-file the I-765, and make sure all your addresses are updated. Take care, Jason
hi Jason,
happy new year to you and your entire team,
I have question, as pending asylum applicant, can I eligible to play and get the big win amount from casino, kindly guide for the same,
Warm Regards
Yes..if you have ssn.
I don’t see why not, but I have no idea about how casinos pay out their winnings. Good luck, Jason
Can you tell me how long did your first interview waiting time take and in which office was your case? Congratulations of getting approved.
Thanks in advance.
Hi Jason,
Happy new year..I got aproved for my Asylum application 6 months ago….could you tell me the possible next steps for my road to US Citizenship? Regards
One year after you were granted asylum, you can apply for a green card. The GC will be “back dated” one year, meaning, if you receive it on January 3, 2017, it will say “January 3, 2016”, and you can apply for US citizenship 4 years and 9 months after the earlier date (really 5 years, but they let you mail the application 3 months early). So in this example, you could apply to be a US citizen on about October 3, 2020 (all this assumes no change in the law with the new president). Take care, Jason
Thanks Jason for your help,
Has ever this regular process of 5 years from being permanent residence to be allowed to apply for citizenship ever been changed or paused in the past ? (all this assumes no change in the law with the new president) why do you think so?I understand Trump/Sessions have anti-immigration plans,but do you think they could go after GC holders and prolong the period like in many countries in EU?
I do not know, but this would require a change in the law, which would need the president and congress, and I am not sure that it is a priority for them. Take care, Jason
Hello,
Can you tell me how long did your first interview waiting time take and in which office was your case? Congratulations of getting approved.
Thanks in advance.
Hi
Can I Claim asylum again in the UK after leaving the uk voluntarily.
Thanks
I suppose it is possible to claim asylum from the UK, but given that that country generally respects human rights, it may be a very difficult case to win. Take care, Jason
Wrong! There are stpries each week in the UK about someone being deported, even after living decades in the UK..
Hi Jason i filed asylum in ohio last yr but interview not come yet i m planning to move CA . So i want to move my case to CA . Plz tell me if i will move my case it any effect on my interview time . Will it be slow processing thanks
It depends where in CA you move. San Francisco is pretty fast; Los Angeles is the slowest office in the US. You can check which office your case will be in if you follow the link at right called Asylum Office Locator and enter your new zip code. Take care, Jason