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
Hi I did my asylum interview and was referred to seeing a judge, but so far I have not received a letter, I would like to know how long I have to wait to have my letter before I can see the judge
It is very variable. You can call the computer system at 1-800-898-7180 and enter your Alien number. The computer will tell you if you have an upcoming court date. If you do not, I recommend you call the system every week to keep track of this. Also, the court should send you a notice by mail. For court cases, it is very helpful to have a lawyer, and if you find one, the lawyer can help check the court date for you as well. Take care, Jason
Hello jason
I came to the states in the 2013 by visa and then applied for political asylum in the April 2014, until now I didn’t receive an interview date
Is that normal ?
I do not know what should I do?
Check the Asylum Office Scheduling Bulletin – a link is at right – to see who your local office is interviewing now. If they have passed your date, contact the local office directly and ask them. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason . Hope all is good . I have applied for asylum in Dec of 2013( Chicago ) , now the bulletin shows that they have reached applicants who applied in Feb of 2014 ,,, am I being skipped or what ? What should I do in this situation ?
Something may be wrong. You should contact the asylum office and tell them what happened, and see what they say. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hey Jason! sorry for asking similar question again. My name is misspelled in receipt and I asked for correction. I believe USCIS corrected it because two days ago I called the asylum office and the guy on the phone checked my name is the system. It is correct now. But they didn’t send my a new receipt yet. I asked months ago! Can I send my EAD application with old receipt with an explanation? I am going to attach also my driving licence to show my correct name + address. Thanks for your advice in advance.
That is a reasonable option, but I am not really sure how USCIS will react, as they often are not very good about understanding such situations. If possible, can you go to the asylum office to ask for something in writing? Or maybe email them about this and specifically ask for something in writing so you have it for the EAD application. If you cannot get that, I guess you should try to apply for the EAD with the explanation and evidence you suggest, but if you can get something from the asylum office in writing, that may avoid future problems for you and make the EAD process faster. Good luck, Jason
Thank you very much for your valuable advice Jason! really appreciated.
Hey Jason, just called the asylum office as you suggested. The person on the phone suggest me to come on Friday to try my luck. He says it is rare that I may get something in written on the spot because they have to do some research about that but it may be possible sometimes. So I am going to visit the asylum office on Friday. If I cannot take my receipt on Friday ( he says it may take up to one months to be mailed), I am still planning to file the EAD application with my old receipt+ driving licence. Even if USCIS doesn’t accept this, they may not simply reject my application, instead, they may request additional evidence. By that time, my new receipt may be ready. Am I right Jason?
I think that is right. Also, even if your asylum receipt is incorrect, it sounds like your name is correct in “the system” and so hopefully, they can issue the EAD with the proper name, even without anything from the asylum office. Let us know what happens, Jason
OK. Thanks! I will update you as soon as i have some progress.
Hi,
Does EAD card has any category/other comment mentioned in it that indicates it is based on pending asylum application?
Need a valid passport to return back on rejection. Worried if i can get passport renewal done while waiting for asylum grant.
Thanks
The EAD card indicates category c-8, which is asylum pending. If you renew the passport while your asylum case is pending, USCIS might want to know why you renewed the passport if you fear persecution in your country. In general, it is better not to renew, but if you have to, you may need to explain why you did that. Take care, Jason
hello sir; i would like to ask to you,is it possible granting an asylum visa with out my presence because im here in my native country?The firm told me that i dont need any passport or other related documents to present.And they will book my flight directly coming from country.And the said asylum visa will be hand over thru a parcel delivery company.Is it possible sir?
This sounds to me totally false, and that they are lying to you to get your money. It is not possible to get asylum unless you are physically present inside the US. It is possible to get refugee status, but you generally have to be outside your home country, and this is processed through large international organizations (United Nations and IRC) and the US government, not through a company. I think this company is trying to steal your money. I recommend you stay away from them and if possible, report them to the police. Take care, Jason
Dear Jason,
We have applied for the renewal of our EAD last Dec. 23, 2016.
Our old EAD will expire this March 23, 2016. We received the receipt notice for the payment but after a week, we received a transfer notice that it was transferred to Potomac Service Center and lately a notice of EAD automatic 180day extension.
What would be my stand after my EAD expired on the 23rd March with the automatic 180days extension?
Am i safe? and if ever, what proof should i show that i am in lawful status while waiting for my renewed EAD.
Also, my state id also expires the same day. Can i also renew using the Notice of 180days extension?
Please advise.
Hey, which office did you apply for EAD extension? is it Vermont?
Potomac Service Center sent us the notice of extension.
they are faster than Vermont. Are you in the east coast? my wife’s ead is also processed in Potomac ( should be Vermont in principle) and it took less than 2 months. I know Vermont is very slow. I hope mine will also be transfered to other locations.
Your EAD is extended for 180 days, and you should be permitted to work and get a driver’s license during this period. However, some DMVs may not know about the extension or understand what it means. If they do not want to extend the license, maybe talk to a supervisor there. Take care, Jason
Hey Jason stay blessed with good work you are doing. My question is i was reinterviewed at Miami office on Jan 31st. The officer asked me original documents from prevoius church i attended. My question is, that church is closed now and my pastors number changed also. Is there any way i can update the info so that they can inquire from my old church. Or it is best to wait and let them ask any question they have?
I am not sure I understand your question. If they need more documents from you, they normally give you a letter stating what they need, and you get the documents and submit them to the asylum office. They will not normally make inquiries of your church or anywhere else due to confidentiality reasons. Take care, Jason
Thanks Jason, I got what you said. They recently called my recent church and asked name, location and church timings. They also asked for site visit, but no one showed up. This made me think they might also need back up info from old church. In any scenario i keep my faith in God.
Big Thanks to god baalam my name is Pamela Jones. I am from United States i am here to spread the entire work of a real spell caster called godbaalam who just helped me to retrieve back my union with my husband and make our relationship very stronger and brought joy and happiness into our marriage.He also cured my sister’s breast cancer. contact him today in any of your problems:
GETTING YOUR EX LOVER BACK.
STOP DIVORCE OR DIVORCE SPELL.
WINNING LOTTERIES
CONCEIVE/CHILD BEARING.
CURING OF CANCERS, HERPES AND MANY MORE.
WINNING OF TROUBLING COURT CASE.
BEAUTY SPELL.
You can contact him via email:
Sorry, we cannot permit emails to be posted here. Take care, Jason
That was hilarious. It’s sad tho she’s praying on those who are desperate.
Hello…I need advice.I’d like to travel by air to another state for a conference.I.have an ID and Work Permit for pending asylum case.Do you think it’s safe to travel?
You should be allowed to travel with a valid government-issued ID, and it is a good idea to bring proof of your pending case with you. Take care, Jason
Hi Jason
This is my 1st time here.
I have file asylum last month.My wife is primary applicant.
We are here since 11 months.
I have one 5 month old daughter born here ( She is here in USA with us ) And one 2 year old daughter in my home country with my in laws family.
So is there any way I can call her here with us. She is having visitor visa.
Thanks & Regards
Harry
Someone will have to bring your 2-year-old here using the visa. Maybe a family member can do that, or maybe you will have to travel to a third country and get her. If you want to leave the US and re-enter while your asylum case is pending, you need Advance Parole, form I-131, available at http://www.uscis.gov. Take care, Jason
Hey jason.
Thanks for your reply.
Nobody has visa in my family or in my wife’s family.
But if someone bring her here will they allow to enter in U.S with my daughter? They will not have any problem at airport during immigration?
Regards
Harry
Anyone who comes here needs a visa – they cannot get onto the plane without a visa. I suggest you talk to a lawyer about the specifics of how you plan to do this, to be as safe as possible. Take care, Jason
Hey Jason
I understand your point.
No one of my family member has visa but one of my friend have visitor visa for USA.
So can he bring my daughter?
If he do it then will they have any problem at immigration at Airport here ?
Regards
Harry
I do not know about that – maybe if you contact the airline, they can tell you who is permitted to carry your child to the US and what documents are needed. Take care, Jason
Hi Jason
I have a question , I have beEn having GC for about 4 year . And my fiancé is us citizen . We want to go to my country next month. Should we get marry first . Is it more safe for me to return to us . Thank you
If you got your GC through asylum and you go to your country, you take a risk of losing the GC when you get back. Whether you are married will probably not make much difference. However, if you do lose your GC because of the return trip and you are married to a US citizen, you can try to get your GC back based on the marriage. Take care, Jason
Thank you so much
Hi Jason
I went back my country 2 years ago for my cousin’s wedding . And this time I need to go back because my family they all want to meet my fiancé and also my grandmom is 84 years old she could take long trip to come to us , by this reason will they are going to understand me then let me return to us
Thank you to answering me
You can present this as the reasons for the return trip, but I think you still take a risk that you will lose your status if you return. If you must go, maybe talk to a lawyer to think of ways to minimize the risk. Take care, Jason
Thank you very much
Hi Jason,
Just wanted to update you on the timing of my EAD application.
I filed asylum application in 08/06/ 2016
I applied for my first EAD on 01/06/2017 (I sent it to the Arizona location)
I got my notice of receipt on 01/27/2017
Received my EAD in the mail on 02/19/2017 valid for two years.
Thanks!
Wow!!!WoW!!!!!!so quick!! congrats!!!
That is pretty fast; I am glad to hear it. Thank you for letting us know. Take care, Jason
hi Jason,
Thanks for your blog service, its really helpful,
I have pending asylum, awaiting for EAD since 4 months past, and also awaiting interview,
While I was in my home country (India), I was doing some charity of food etc to hospitalize people (10% of my salary),
now here in USA, once I get EAD and then if I do charity to cancer or other origination, it will help me for my asylum case, just asking in general, my nature is to help them as an human being not for my case ,
kindly reply ,
Thanks
it doesn’t necessarily helpful for the case with asylum office. but if you put in removal process, it is definitely helpful with the court. By the way, which office did you apply?
It probably won’t make much difference to your case, but if giving charity is related to the reason you are seeking asylum, they continuing to give charity shows that that is something important to you, and maybe that could be relevant to the case. Take care, Jason
hi Jason
Thanks for your reply, I filed (I-589) my political asylum, my us citizen brother giving donation every year to school, local community and local police department etc, I also want to donate, once I get EAD card, can it will helpful for my case as to support local community and police dept etc,
I don’t get you jason, what kind of charity to be consider relevant to my case?? as political asylum seeker
thanks
I don’t think giving charity is particularly relevant to an asylum case. It helps show you have good moral character, but you only really need to show that if you have done some things wrong; otherwise, they assume you have good moral character. I think it is a good thing to do, but I doubt it will have much effect on your asylum case. Take care, Jason
Hey Jason,
Do dependents of asylum applicants also receive asylum receipt separately? my wife ( as a depended in the asylum application) did not receive any receipt. in this situation, can I just put a copy of my asylum receipt in her EAD application?
They should, but they do not always (which is very annoying). I think it will work if you use your asylum receipt on her EAD application, but it may not. What would be better is if you including your asylum receipt and her biometric receipt, which shows she has a case pending. If she does not have a biometric receipt either, I recommend you contact the local asylum office to be sure she is a dependent in your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks Jason! She has a biometric receipt. I will also put this one in the application.
USCIS also spelled my name incorrectly in my asylum receipt. I mailed them a request to correct my name right after that. But didn’t receive the new receipt so far. I called their number and one man helped me check their computer. My name is correctly spelled in the system. I also emailed them for a confirmation of name correction but never replied. For the EAD application, Do you think it is ok if I put my asylum receipt with incorrectly spelled name + a letter explaining that my name was corrected in their system thought I didn’t receive a new receipt yet?
It would be better to correct the name before you apply for the EAD, if possible. You might try contacting the asylum office directly to see if they can help. You can find their contact info if you follow the link at right called Asylum Office Locator. If they cannot correct it, you may want to consult with a lawyer about what to do when you file for your EAD. Take care, Jason
Thank you very much for your quick response Jason! really appreciated that!! I just called the asylum office directly today. They confirmed that my name is spelled correctly in their system now. Do you think I am safe now with the EAD application? the only problem is that I don’t have the updated receipt at hand.
You may want to go to the asylum office or email them and see if you can get something in writing to include in your EAD application. It may not be easy to get anything, but it is worth a try, as that could make the EAD process smoother. Take care, Jason
Hi jason i filed my asylum last year not called for interview yet but i want to travel outside of U.S not a persecution country actually my relative live in Germany and they inviite me to visit them for family program can i legally travel and re-enter in U.S without any problem thanks.
If your country of origin is a muslim dominant country,i think it’s preferable to stay till you have your interview.
That is a fair point as well, especially since we do not know whether Trump will be issuing any more executive orders. Thank you, Jason
If you want to travel while asylum is pending, you need Advance Parole (form I-131, available at http://www.uscis.gov). This allows you to re-enter the US. You will also need a visa to get to Germany. Take care, Jason
Hi Jason hope you doing well.
I’m writing a detail question hopefully will get answer from you.(1)I’m currently living in Idaho state since last 6 months i filed my Asylum in N.Y but having plan to live here one more year in Idaho i came here for my church training but not perminnant stay here in this situation should i move my case here or i can keep my case to N.Y i keep my N.Y address and get mails there basically wants to know is it legally ok if i live here work here probably file my tax here and may be I’ll apply for driving license here like all basic need stuf but can keep my case in N.Y.
Thanks very much.
If everything you describe is in Iowa, I think you need to change your address to Iowa. If you keep it in NY, the asylum officer will ask you why your job, home, license, etc., is in Iowa, and if the officers thinks you are lying about your address, she might also think you are lying about your asylum case. Take care, Jason
Thank you…
Hi Jason
I just got a second receipt notice stating the same thing that my renewal I765 was received by USCIS on 11/23/16. This time it was sent by the office to which was case transferred from the initial office and this time it had the info about the 180 day automatic renewal also. Idk what’s going on?
Thanks
That is common and has no real meaning. I would expect that you should receive the EAD soon, as it typically takes less than 4 months. If not, you can call USCIS to inquire. You can find their number at http://www.uscis.gov. Take care, Jason
Thanks a lot Jason!
Thanks for helping and how many days i apply for work permit before my work permit expire? 90 days befor the same law or it changed ?thanks
I advise my clients to apply 120 days before the old card expires, but I believe if you look at the instruction for the I-765 (available at http://www.uscis.gov), it says you can file 180 days before the old EAD expires. Take care, Jason
Hey Jason
I just did an interview for my asylum case with my family on 09 Dec 2016 & my lawyer told me it is under security check cuz I was working with oil company & travel a lot.
Would you plz advise me from your experience how much time can take the security check & are there any way to accelerate.
Thank in advance
Morhaf
I know of no way to accelerate a decision. Wait times post-interview are completely unpredictable. Some people wait only a few days; other people wait years. I wrote a post on this topic on October 21, 2014, which describes the situation in more detail – maybe that would be helpful, though it provides no real solutions to the problem. Take care, Jason
Hi Jason
Thanks a lot for your prompt feedback.
I just got from my lawyer through the immigration that I might have a new interview!!
Can you advise me why?
I was traveling a lot before I submit my asylum case.
Best Regards
Morhaf
There are many reasons for second interviews – it could have nothing to do with your case (maybe the old officer retired and the interview notes were not good) or it may be related (they have more questions for you). We sometimes see second interviews for people who served in the military in their country. You should prepare for the interview as you prepared for the first interview, and you should try to not say anything contradictory to the first interview, as they have (or should have) notes about that. Take care, Jason
Hi Jason
How long it takes (average) to get green card through asylum?
Thank you
Mike
After you win asylum, you must wait one year, and then you can file for the GC. The GC process usually (but not always) takes 6 to 9 months. Take care, Jason
Jason, thank you for quick reply..
so for two years to finalize (win) the asylum status.. 2 more years to obtain the GC..
Can i say it’d take 4 years after one files for the asylum paperwork?
Maybe. It may very well take more than 2 years from the beginning to the end of an asylum case, and it should take less than 2 years after winning asylum to get the GC (1 year of waiting, then it takes – usually – between 6 to 8 months to get the GC). Take care, Jason
I’ve been a green card older for about a year now, backdated another year so almost 2 years. I’ve never left the country but want to go on honeymoon with my wife to the Dominican Republic (not my COP). I applied for RTD since august last year and did my biometrics and everything. There’s no update on it and I have no idea why, but my question is, can I still go on vacation with everything that’s going on, or do you think I should consult an attorney before traveling? With that, I also have a daughter who was born here, just one speeding ticket, work full time, go to college part time and my wife in the navy.
It is definitely better to travel with the RTD (rather than your country’s passport). Maybe try contacting the USCIS Ombudsman – a link is at right – about the delay with the RTD. Otherwise, I think you should not have any problem, as long as the trip is less than 6 months (somehow, I doubt your vacation to the DR will be 6 months – it is nice, but not that nice). To me, the only issue is the RTD. Hopefully you can get it and then take your trip. Take care, Jason
Hi Jason my work authorization will expire after 4 months and if i apply it now it takes the same rule 90 days or more and also i heared the asylum pending case can be deportable under the new law is that true or it is wrong ?and another question can we flyt to ather state ? I want to make sure is it safe for us or no ? Because i see every where immigration police asking id im confouse about it. Thanks alot for helping the people
Asylum pending is not deportable. You must be given an opportunity to present your case before you can be deported. That is the law and Trump has not changed it. You should be able to fly to another state, as long as you do not leave the US. Take care, Jason
USCIS Is Reissuing Receipt Notices to Certain EAD Renewal Applicants
Release Date: February 24, 2017
Starting February 16, 2017, USCIS began reissuing receipt notices (Form I-797) to individuals who applied to renew their Employment Authorization Document (EAD) between July 21, 2016 and January 16, 2017, and whose applications remain pending in the following categories:
(a)(3) Refugee
(a)(5) Asylee
(a)(7) N-8 or N-9
(a)(8) Citizen of Micronesia, Marshall Islands, or Palau
(a)(10) Withholding of deportation or removal granted
(c)(8) Asylum application pending
(c)(9) Pending adjustment of status under section 245 of the Immigration and Nationality Act
(c)(10) Suspension of deportation applicants (filed before April 1, 1997), cancellation of removal applicants, and special rule cancellation of removal applicants under NACARA
(c)(16) Creation of record (Adjustment based on continuous residence since January 1, 1972)
(c)(20) Section 210 Legalization (pending Form I-700)
(c)(22) Section 245A Legalization (pending Form I-687)
(c)(24) LIFE Legalization
(c)(31) VAWA self-petitioners
On January 17, 2017, USCIS began automatically extending expiring EADs for up to 180 days for renewal applicants in these categories. However, some of the receipt notices that USCIS sent out before that date did not contain the applicant’s EAD eligibility category. Therefore, the reissued receipt notices will contain:
The applicant’s EAD eligibility category;
The receipt date, which is the date USCIS received the EAD renewal application and which employers must use to determine whether the automatic EAD extension applies;
The notice date, which is the date USCIS reissued the receipt notice; and
New information about the 180-day EAD extension.
Applicants may present the reissued receipt notice with their expired EAD to their employer as a List A document for the Form I-9, Employment Eligibility Verification, to show that they are authorized for employment.
Applicants with an EAD based on Temporary Protected Status (TPS) who filed their EAD renewal applications before January 17, 2017, already received a 6-month extension through the Federal Register notice that extended their country’s TPS designation. Therefore, these applicants will not receive a reissued receipt notice. Please visit the Temporary Protected Status page for current information on each TPS designation. All renewal applicants who file Form I-765 applications on or after January 17, 2017, including TPS renewal applicants, will be receiving Form I-797 receipt notices that contain eligibility category information and information about the 180-day EAD extension.
Thank you for that info, Jason
HI Jason
I seeking your advice on withold my removal preceding on my asylum before IJ my questions are.
My hearing is on April 7,2017
1. What is a time limit apply for that,I mean as my hearing is near ,can I apply now?
2.can I be eligible to apply witholding even if I decide to go my hearing and IJ denied my case and I have to do appeal on next level?
3.is this is appropriate time to do that ,as trump administration is after asylum seeker too.
4.how long witholding is valid?
5.my daughter is us citizen ,can she applied for me as adujment of status to get my green card even I am on witholding.?
Please advice me .
1 – I do not understand the question; 2 – The IJ can give you withholding of removal if you qualify for it (and assuming you applied for it); 3 – I do not understand the question; 4 – withholding is valid for as long as it is dangerous for you to return to your country. You can lose that status by committing a crime, leaving the US, if your home country becomes safe, or if you become a permanent resident of a third country; 5 – maybe, it depends on your situation. Give what you say, I think you really need to talk to a lawyer about the specifics of your case. You have very little time before you hearing, so you should do that immediately. Take care, Jason
Thank you for the swift response one more question please, since I’m going to file for a ead should seek assistance from an immigration lawyer to help with filling out the form and sending it or can i do it myself thanks hope to hear you
It’;s up to you. The form is the I-765 available at http://www.uscis.gov. If you think it is too confusing, use a lawyer. Take care, Jason
Hi jason thanks for this forum, i came here to the usa on a b1 b2 visa and I applied for asylum before the one year dead line by march 5 it’s going to be 150 days since I filled can I still apply for ead now with trump executive order and do I stand a risk of deportation I’m being curious
You can still apply for an EAD as before, and there is no risk of deportation – I wrote a blog post about this yesterday if you are interested. Take care, Jason
Dear Adam,
My cased referred to the immigration court by the USCIS officer. However, my lawyer advised my to file a Motion To Terminate NTA. My concerns if there are any disadvantages of this motion. If my case returned to the USCIS office due to this motion, and in worse case scenario the officer also did not give a decision what will happen next..
God bless you,
it should be a motion to reconsider. in this situation, your case will be taken back to USCIS for a reconsideration ( success rate is very low!), if granted, your journey to be an asylee is over. if not, your case again will be back to court.
It is not so easy to get the asylum office to reconsider a case and terminate the NTA. The decision must have been an “egregious error” and this is rare. You can try this, and maybe it will work, but it rarely does. A lawyer should be able to evaluate the likelihood of success. Take care, Jason
When I arrived in the US I was given a month to stay here on a B2 visa….my plan is to apply for asylum but I haven’t applied yet. The one month has elapsed although my B2 visa is still valid. Now my wife has a B visa interview after two weeks. We mentioned in the her DS 160 that I am currently in the US on a non immigrant status. Do you think my presence here will lead to a refusal of my wife’s visa application?
I think your already out of status now, so you cannot apply for affirmative asylum case. you can apply for defensive asylum though. even if your visa is valid for many years, it is just valid for reentering USA. your are given one months of stay, after one month, your stay in the US is unauthorized, which means you are out of status now. so, if you make an application for asylum, you will not be interviewed by an asylum officer, instead you will be put in removal processing and assigned to an immigration judge. so, consult with a lawyer before you do anything. you need a lawyer for the court.
To add to that – if your visa is expired, but you are not in court, the asylum application is affirmative with the asylum office. A defensive application is only for people already in court (in removal proceedings). Take care, Jason
Thanks Allen and Jason, this professional response. 3 years passed since I saw my family, really painful for me and my family. why USCIS is not giving family priority? please bring our voice to them. If really they have kids and they know the importance of the family they should considering our request. PLEASE, GIVE FAMILY CASE PRIORITY.
I have been asking about that for years now, and I do not fully understand why they cannot prioritize cases that way. Take care, Jason
Maybe, but since not so much time has passed, it hopefully will not. The only way for her to know is to try. Good luck, Jason
Thank you Jason,
But I am confused. Came here on a B2 visa and they gave me a month to stay. My I 94 expired before 7 days and I will apply for asylum in a week. So is that affirmative asylum and will I be interviewed by asylum officer? Or will I be put in removal proceedings?
Thank you.
You will be interviewed at the asylum office, unless you get arrested before you file for asylum. Take care, Jason
Hi Jason!! I’m very thankful for all your help and advises!
I have couple questions for you again…
I applied for asylum status by completing I-589 form in 2015 and it’s still pending. I want to travel to Russia as a tourist, i know that i have to fill out I-131 form but i’m curious how i need to fill out this for advance parole or for re-entry permit?
If your asylum case is still pending, you need Advance Parole. Take care, Jason
My I 94 expired and I was suppose to leave the US before 6 days so am I still eligible to apply for asylum?
My B2 visa is still valid for another month.
A person is required to file for asylum within one year of arriving here. There are exceptions to that rule, but if it is less than a year that you are in the US, you are still eligible for asylum. Take care, Jason
Jason, his I-94 is expired. that means he is already out of status. in that situation, he can only apply for defensive asylum, not affirmative asylum. am I right?
Actually no – if your visa is expired, but you are not in court, the asylum application is affirmative with the asylum office. A defensive application is only for people already in court (in removal proceedings). Take care, Jason
hi jason, my name is gunjan. I applied by myself. I printed i-589 form, filled it and send via usps, to Texas asylum center, mesquite. I applied on 28th October,2016. still I didn’t get any answer or anything. no fingerprint or anything else. than I wrote a letter to Houston asylum office, imperial valley, but they didn’t respond. I am confused what to do?
Something is wrong. I am not sure what address you should have sent the form to – you can find out if follow the link at right called Asylum Office Locator. Enter your zip code, and it will tell you your local asylum office. If you scroll down, you will see where to file an initial I-589. You can also email your local asylum office to ask if they have your case. Finally, you can request a copy of your file using form G-639 (available at http://www.uscis.gov). However, due to the one-year asylum deadline, you may need to re-send the I-589 application. If so, include a cover letter explaining that it was previously filed but you did not get a receipt. Take care, Jason
hi Jason,
appreciate your blog services,
I have pending asylum case, awaiting EAD, and I am married and my family are in my home country, now my q is that, here one us girl want to marry with me can I legally marry her in usa, kindly guide ?
Thanks
You can marry her, but first you have to be divorced from your first wife. Take care, Jason
oh my GOD! you have a family in your home country and you don’t care as long as you can get your green card by marrying another girl who “WANTS” to marry you in the states? what kind of world we are living in?
There is always a way if you want to stay here. You just have make some effort! but please don’t give up on your Children man!
Dear jaison….Thanks a lot for help
Hello Jason,
Another question, my wife asylum application will be 150 days in few weeks and she will apply EAD. I am going to join her asylum application this week. Does it mean I can get an EAD as soon as she gets it or I will wait 150 days separately?
You don’t have to wait separately. you can apply for EAD at the same time with your wife.
Once you are joined to her case, you can get the EAD at the same time as her. Take care, Jason
Dear Jason,
Thank you for all your help. If one is granted asylum,
1. then what are the requirements for bringing his family to the USA after filing the forms for them? They were written down in the i-589.
2. Are there any financial requirements? Like having a job and housing or something? As in the U.K. You have to have a certain level of income to bring family???
Thanks Jason.
1 – You have to file for them within 2 years of winning asylum. Use form I-730, available at http://www.uscis.gov. 2 – There are no such requirements in the US. Take care, Jason
Hlo jaison….I just heard a court hearing about 2 months before and my hearing is on october 2018 by immigration judge .I just heard that people are going to be deported who are still waiting for assylum ,is it the correct news? I am really worried.
There have been no changes that affect people with asylum cases pending. Trump cannot do that without Congress, and I have not heard of them trying to change the asylum law, so your case should continue as before. Take care, Jason
Hey Jason,
Just read where you mentioned that one can work with expired EAD with a receipt. Could not find it.
Can you please share the link again?
Thank you!
I did a posting on January 25, 2017 where I included the link and the page numbers in the linked document. Take care, Jason
Hello Jason,
I have a question regarding recent deportation news of illegal immigrants.
1. I have pending asylum case, this means I have no legal status right?
2. Are people with pending asylum prone to deportation?
3. And since I have a pending case, there are many more such people in this forum, how bad our situation is now?
Thanks.
1 – You may not have any immigration status, if your visa expired or if you entered illegally, but you are lawfully here with an asylum case pending; 2 – no, you cannot be deported unless you have a chance to present your asylum case. That is the law and Trump has not changed that (and he cannot without Congress); 3 – For most asylum seekers, it is the same now as under Obama, though obviously Trump’s statements and executive orders have created an environment where it seems more hostile, but none of that affects your legal status in the US or the asylum process. Take care, Jason
I do appreciate all answers which are right to the point.
Cheers.
Hi Jason
I am an Asylum applicant. My EAD will expire on July 20, 2017. Please let me know the best time to apply for renewal of EAD.
Thanks
ALISAA
We are having our clients file the renewal 120 days before it expires, though the I-765 website (www.uscis.gov) now says you can file 180 days before it expires. Take care, Jason
Thank you for your reply. If i did not receive my EAD on time then as you said we have 180 days extention automatically. So I assume that my employer will have to check I9 form by themselves or we have to notify them? Please reply
That is up to the employer. I provided the relevant link, if you need it, in a January 25, 2017 posting. Take care, Jason
Hi Jason, I recently came across your site and I can’t tell how much I appreciate it. I do have one question. My backstory is I was granted Asylum in 2015, and got my green card last year. I work and go to college and about to get married this weekend to my fiancé who has her green card through her dad. She is about to join the navy, which will expedite her naturalization. When I apply for my citizenship in 3 years, do I apply as husband of a US citizen or GC based on asylum? Any advice is appreciated.
You have to apply based on asylum and then the GC (5 years from the date on the GC). You can only apply for citizenship in 3 years if you got the GC by marrying a US citizen. Take care, Jason
hi Jason,
Thanks your for your valuable blog service,
I had applied EAD and I got acknowledgement I 797 dated 11/03/2017, (EAD 151 days over on 10/29/16) they will process my case, almost more then 251 days pass for my EAD application, I am worried what’s going on, I had filed e request on 12/13/2016 and they sent me letter to wait 60 days, again I call them again after 60 days, so I filed 2nd /request on 02/17/2017, they said wait more 5 to 10 days, if you not get reply then call us back, I am worried Jason,
( I am Indian origin, I came here 2nd time on B1/b2 visa, and file my asylum app I-589 before my status expiry) I came here legally, so they consider my case soon and positively, kindly give your opinion about my case,
Dev
We see EADs take up to 4 months, so you are still within that time frame, and it sounds like a decision is coming soon, so hopefully, you will get the EAD soon. Take care, Jason
hi Jason,
Thanks for your valuable advise,
here in California Immigration authority doing raid in restaurant, gas stn, etc my Q is , while I am helping to my brother in his restaurant and also help to my friend in his gas station, and if they come to me, what should I answer them, can I tell them I am just helping them, as I don’t have EAD card, waiting for my EAD card,
Kindly guide me please,
Thanks
Warm Regards
If you have an asylum case pending, you should be protected. I wrote about this yesterday in a blog post – please check that. Take care, Jason
To which office you apply? is it Vermont?
Hi,
I am in Canada. My mom, dad and younger sister (14) are in USA. Originally they are from India. They are there in USA for 7 months and have not extended their visa. My mother has severe depression. They want to apply for asylum on the basis of domestic violence.
My mother’s health in USA is more stable than compared to India.
I have even read your blog and I really like the way you guide people and help them. I would really appreciate if you can help me with a few questions about the same.
If they apply for asylum based on domestic violence:
1. When my mom and dad apply for asylum based on domestic violence should they include my younger sister in the application or not?
2. What happens if they do not include my sister in the application?
3. Can they file for affirmative asylum?
4. If the case fails for affirmative asylum, can they go for defensive asylum?
5. How much time does it take for the process?
6. And, is there any chance that the asylum application system will be processed fast due to the new president?
Thank You so much
I will try to answer, but I do think your family needs more specific advice than I can provide, and they should talk to a lawyer: 1 – If she is unmarried and under 21, she can be included; 2 – If they win, and she was under 21 at the time of filing, they can file for her after they win; they can also add her to the case later if she is in the US and under 21; 3 – If they are in the US; 4 – Most likely, if it is denied, they will go to an immigration judge where they can present their case again (defensive case); 5 – Check the Asylum Office Scheduling Bulletin for an idea about this – a link is at right; 6 – I do not know, but it is possible. Take care, Jason
Hello Jason,
I would like to ask a question and your kindest reply is highly appreciated. My wife has asked for an asylum with our two daughters few months ago, She got acknowledgement documents and she gave finger prints already. I am now in USA by visitor visa and can not go back home due to political reason. I was not included in my wife’s application previously. Can I be included now with her application or shall I ask as new applicant. The best way is to be included in her application which is already lodged. She didn’t get an interview so far. Her application was lodged 4 months ago. Please advice.
By “lodged”, I assume you mean she filed for asylum with the Asylum Office. If so, you can join her case. You can contact the local asylum office (where her case is located) and ask about the procedure to join her case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you for the reply. Yes she filed the asylum. I was a bit confused because the immigration consultant who consulted us told us I can not join her case. Thank you Jason, much appreciated for your reply.
You can – contact the asylum office and they should tell you how.
Hi Jason,
Yes I confirm it is possible. But couldn’t get the right detail or form to add dependent in the application. Can yo let me know the specific form for this? Thank you again
Sorry – I cannot see all the previous comments, so you will need to re-post the whole question.
Dear Jason,
I am an Asylum applicant and submitted my Work permit card application in Jan. 2017, USCIS received on Jan. 9th, 2017, but my case had been transferred to Arlington VA office, the status is showing it had been transferred to Arlington VA office since Jan. 9th, 2017, my current EAD card will be expired on March 23rd, 2017, could you please advise how I could expedite my case so it could be approved soon? Also how could I get my driver license renewed since it will be expired at the same date on March 23rd, 2017? I went to DMV today and showed them my Form I -797C notice from USCIS, told them if my case is still pending, my current EAD card will be automatically extended for another 6 months started the expiration date March 23rd, 2017, but they won’t let me renew it. Do you have any better options?
I don’t have a better option, and some DMVs are better than others, so maybe try to talk to a supervisor there. Also, I did a post on January 25, 2017 with a link sowing that EADs are automatically extended once you receive the receipt. Maybe if you print the relevant pages, you can show it to the DMV (I think you have to print 3 pages of the very large document) and maybe that will work. As for expediting, I doubt that will work, as EADs normally take 2 to 4 months, and you are inside that time frame. I suppose you can try calling USCIS and see whether they can help – it won’t hurt. You can find their phone number at http://www.uscis.gov. Take care, Jason
Hi! Jason,
My question is some asylum lawyers says that 97% or 98% asylum courts case they are successful.what do you mean that? Please give me your immediate response as usual.
It depends on the judge, but this seems wrong to me. You can Google “TRAC immigration” and you will find a website listing each immigration judge and his or her asylum approval rate. I think almost all will be well below 98%. Maybe the lawyer is saying that that is his success rate. That also seems a bit suspicious to me, but it is possible. Take care, Jason
Attention guys: From DHS website published today:
Q9: Will ICE deport people for driving without a license, since it’s often an immigration-related issue?
A9: All of those in violation of immigration law may be subject to immigration arrest, detention and, if found removable by final order, removal from the United States.
https://www.dhs.gov/news/2017/02/21/qa-dhs-implementation-executive-order-border-security-and-immigration-enforcement
I suppose this is their “humane” enforcement. Lovely, Jason
Even though they may not deport everyone, but they say they would arrest anyone who has criminal background, which may include some serious traffic violations. This is scary!
No question that it is scary and very depressing. There have been reports about the health effects of stress caused by all the anti-immigrant talk, and the fear it is creating, even for people legally here. I do think it is important to remember that Trump’s power to deport people – especially asylum seekers – is limited by the law, and that there are many people working to oppose his policies. Take care, Jason
Hi Jason, I currently have a J2 visa based EAD. I am now ready to apply for a asylum based EAD. Is this considered as renewal of my EAD or applying for a new one? I believe it is applying for a new one. but I am not sure if I have to provide them a copy of my previous EAD with different type.
You are applying for a new one, but usually in this situation, we include a copy of the old EAD anyway. Take care, Jason
EXCELLENT BLOG…
Dear Jason
Today is 92nd day of my application for EAD renewal and still I haven’t got any decision or my card. The latest update was that it has been transferred to Potamac Service Center Arlington VA 2 months back. I don’t know what’s going on? I called USCIS customer service today and surprisingly the agent said that there is no time limit, contrary to the long-held claim of 75-90 days for the processing of such applications.
Regards.
We are seeing cases take 2 to 4 months, so hopefully you will have it soon. Also, a receipt and an expired EAD now allow you to work. I did a post about that on January 25, 2017 with some links – maybe it would help. Take care, Jason
Thank you Jason for your help!