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 jason first of all I will like to say thanks for helping alot of people on their asylum case .
My asylum case is in oakland california but i did finger print and ID in atlanta Georgia .but i just call for interview is that print and Id effect my case ..
The asylum officer may want to know why you did fingerprints in Atlanta if you are supposed to be living in CA. If you have an explanation, it should not affect your case. Take care, Jason
Hi Jason,
I’m already separated with my family almost 4 years, I renewed my EAD since April 2017 and got receipt number, this is the third time to renew the EAD but still no update on my request. 1) That means USCIS has my data since 4 years still they are not able to print an card after 5 months!!!! Of requesting!
2) I was interviewed since June 2017 still no answer from them, i questioned them they said they still working on it. Can you imagine really what USCIS is doing to us! What ever reason is there, really Looks like THEY DONT WANT TO GRANT REFUGEE/ ASYLUM STATUS AND THEY DONT WANT TO WORK ON THOSE REQUEST. But is is simple, they can just declare it openly instead of inflicting moral torture to us. We ran out from our countries to seek for protection but not again to face this! Imagine the first group of people that ran away from Europe to America,just like us.
Please, do you have any other news that can bring up our morale?
Unfortunately, many people are experiencing these delays, and this problem has been ongoing now for several years. It is very difficult, especially for families with young children. The longer EAD delays are somewhat new, but at least there is the automatic extension. The only good news I see is that cases are still being granted. I think it is getting more difficult in many respects, but the law of asylum has not changed, and we are still having cases granted. You can continue to periodically contact the asylum office to inquire about your case, and hopefully, you will get some good news soon. Take care, Jason
Hi Jason,
I really appreciate your help you have been rendering on this blog . It has been very helpful.
I am currently on H1B with full time job but my wife applied for asylum sometime in 2016 and she has EAD . I am also on her application when she submitted but i am still on H1B now while she is using the EAD . Although we have not been called for an interview yet . My company is planning to file Green card for me at this point. Is it going to affect the pending asylum or should we withdraw the asylum case and focus on the green card through my company ?
The better approach is to keep the asylum case until you receive the GC. But this is not always possible, as sometimes, the asylum cases causes delay for the GC. You should have a lawyer to help you, so ask the lawyer about this, but for my clients, we try to keep the asylum case going for as long as possible, and then, if it seems to be interfering, we withdraw the asylum application. Take care, Jason
Thanks again for the response and God bless you .
If we get to the point we withdraw the asylum as advise , would be implication on the green card ?
Although the Asylum is based on FGM
I will appreciate your response on this
Normally, there is not any problem with the GC, but it depends on your case, so I really can’t advise you about that. It would be worthwhile to talk to a lawyer if have concerns. Take care, Jason
Hi I have a question.my asylum is pending.if any employer sponsor me for green card.is it possible ?Thanks.
Maybe, but it depends on the case. Most likely, you will need to leave the US to get your green card, and that may or may not be possible. Talk to a lawyer about the process before you start, to make sure you will be able to get your GC in the end. Take care, Jason
Hi Jason,
Thank you for your blog. It is very helpful. I read you often and did not think I would be in the situation I am right now. I came to the United States with my family. My wife petitioned for political asylum and I am included in her case. We are now getting a divorce and I would like to know if I can petition for asylum for myself. I was also politically persecuted and it hasn’t been a year since I arrived.
Thank you
You can file your own case, and it would be better to do so before the one-year deadline passes. Before you file (if you have time), you may want to contact your local asylum office and ask whether to file directly with them, or whether you should file with the service center. The process may be different from an initial filing since you already have a case pending with your local office, and so I suspect you will have to file with the local office, but check with them to be sure. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Jason, I hope you are well. I had a prior exchange with you back in early September when my EAD was more 115 days passed the 90 days processing time. I put up an enquiry on August 28 and received a generic answer that they are still working on my case and soon I would get an answer. It has been 140 days today. My first EAD was under (c)8 and the new one that I am applying for under (a)10 as I have been granted category (a)10 under PD. The lawyer told me that there are many delays on EAD and they are running background checks. But even though, 140 days? What could possibly be done for me?
It seems a bit long, and I am not sure what is happening with PD cases these days. Maybe make an Ingo Pass appointment (at http://www.uscis.gov) and go in person to ask what is happening. Take care, Jason
Thanks. But unfortunately since the beginning of September. It is quite impossible to book an info pass appointment. Anytime no matter the hour of the day or night, there are no currently available appointements. Since Mid September, I have been trying every time but none to avail.. So I am quite desperate to get an answer.
Do you think hiring a lawyer or seeing a congressman will do?
We have been having a harder time with this as well – I wonder if they are diverting resources from Info Pass to something else, and so they are more difficult to get. One option is to go without an appointment and try to get in anyway. For people with good English who are a bit assertive (but polite), it might be possible. Otherwise, you can try the Congressman. Maybe a lawyer can help too – we have our own liaisons and so maybe the lawyer could try that process. Take care, Jason
Hi
May the Lord Bless you and keep you and make his face shine upon you, thanks for you good works,
I have 2 questions
I filed for asylum for my daughter 1 year old and myself . we filed for EAD both got there on the 1st of Sept instead of the 7th (which is the 150th day) her EAD application was denied but my status still says received
1) do we refile for my daughter since the receipt notice says is due to the date?
2) Do you have an idea how long I will wait for my EAD status to change since ive been waiting 30 days no changes
and I am beginning to worry, Im wondering how long it takes to get your first asylum EAD
looking forward to hearing from you
1 – If you want an EAD for your daughter and you filed too early, you can file again once 150 days have passed since your asylum case was received (assuming she is a dependent in your case). EADs take about 3or 4 months, and sometimes more. Take care, Jason
Hi jason,
Wanted to be clear on your above reply since I have also Just applied for my initial C8 as a dependent.
Below is what I got from USCIS site regarding same. Is it really 90 days from asylum case?
“How long does USCIS have to make a decision on my Form I-765, Application for Employment Authorization?
The required times in which USCIS must make a decision on a Form I-765 are:
• Ninety (90) days of receipt of applications filed under categories other than asylum-based, or
• Thirty (30) days if filing for an initial EAD based upon a pending asylum case.”
Those time frames are long gone, and I would not expect a decision within such a short period of time. Of course, hope springs eternal, so maybe you will be lucky and get a decision more quickly. Take care, Jason
Hi Jason, I am waiting to give my biometric on 10Oct. In the mean can apply for I 765 with taking the biometric or should I wait till am done with the biometric first?
“Without taking biometric”
If it has been more than 150 days since you filed for asylum, you can file the I-765 to apply for your EAD. Whether or not you took biometrics should not matter. Take care, Jason
Hi Jason!
I entered in U.S. in 2003 via canada without inspection. I have just recently applied in asylum. I am married and have two kids born in U.S. i have parents U.S. Citizen. They have file a family petition for me and my wife. My question is would be able to take advantage of F3 category from my parents while the asylum case is going on or do i have to go back to my home country?
Because of the illegal entry, I doubt you could take advantage of your parents’ I-130. You would have to talk to a lawyer about that to review the specifics of the case or to see whether there are other options for you. Take care, Jason
Hello Jason,
I was wondering what is the possibility of surviving CARRP. I definitely know my case is trapped in CARRP due to my home country, my previous job and my skillset as well as a big sign I received recently (I don’t want to disclose here).
I have nothing to worry about and I didn’t do anything wrong in my whole life but I heard that it is impossible to survive a CARRP case. Is that true? Is there anyway to prove myself or be successful in my asylum case or should I simply seek asylum in another country? I am also aware of the document by ACLU for how to approach a CARRP case, but I still need you to give me some insights.
Another question is suppose I survived somehow and my asylum is granted, will I be subject to another CARRP for green card and another one for Naturalization? How long will I struggle, for my whole life?
Thank you so much in advance.
The Southern California chapter of the ACLU has a good practice advisory about CARRP that maybe you’ve seen or can Google. The main effect of CARRP is delay (maybe eternal delay), and it does effect each stage of the process. There is no way to know whether an individual has been subject to CARRP – I have long-delayed cases and maybe that is the reason, but I do not know. In your case, I guess it depends on whether you prefer to be in the US or another country, and on the specific issue and how it might affect your case. You can always consult with a lawyer to go over the specifics and maybe get some better insight into what problems you might face. Take car, Jason
Dear Jason hope you r fine , I entered USA on May 2015 through tourist visa , I applied for asylum on July 2017.
Am Syrian , can I marry my USA citizen girlfriend and adjust my status , ? Or I can’t adjust my status due to ban ?
Sorry I applied For asylum on July 2015 and until now no interview in LA office .
It sounds to me like you can, but I do not know all the specifics of your case, so talk to a lawyer to be sure you can do it. Take care, Jason
So ban is not affecting people who are in USA ?
I do not know, as we do not know exactly how the ban will be implemented, but I think it will not affect asylum seekers who are already in the US. Take care, Jason
Is it possible to file I-765 for EAD by myself or it has to go through a lawyer? Thanks again
You can do it yourself or use a lawyer – it is up to you. Take care, Jason
Hey Jason, i hope this finds you well. I have a pending Asylum case and i just wanted to inquire if i can travel within the United States by Flight and what documents i might present at the Airport { drivers license, state ID or my Passport ). Is it Safe for me. Thanks
It should be safe unless you have a criminal record or a previous deportation order. Bring ID (passport, license) and proof of your asylum case (receipt, fingerprint notice). Take care, Jason
Thanks Jason
Hi Jason, thanks for the good job. Please my brother came to the USA because he had been kidnapped severally and they had attempted to murder him thrice but God saved him. He has abandoned his home and Businesses and he’s scared of returning home. His church here in the US filled a religious worker visa for him but it didn’t work out. Is it possible for him to file for asylum since he is still within a year of entry and his life in danger back home.
Stay great
It is, and that is probably the better approach, as religious worker visas are difficult to get. He should certainly file within one year of arriving if possible; otherwise, even if he has a strong case (and it sounds like a strong case), he could be denied for missing the filing deadline. Take care, Jason
Thank you Jason, I sincerely appreciate your quick and heart warming response. Talk to you soon.
Stay great
Hi Jason,
I am writing because I am planning to leave the U.S and withdrawn my asylum case. Is taking too long and for personal reasons I have to return to my home country. Should I close my case while still in the U.S or once I am back at my country?. I have a friend who did it to the asylum’s office e-mail and got a reply that they needed “the reason and probes why you want to close or withdraw your case”. I do have a reason but do not understand what they mean by probes. Please help! I really appreciate your input and help, I am desperate. Thank you
I do not know what they mean by probes either. Most of my clients who withdraw first leave the US and then get proof that they have left. We then submit that to the Asylum Office by email and they close the case. Whether that always works, I am not sure, but that is the procedure we have used up until now, and it seems to work. Take care, Jason
hi Jason,
I am pending on asylum, I working and paying tax (17% approx.) , can I file my tax return end of the year?, I have my dependent wife and my son at my home country, I had start to sending money them for their routine family expenses, I heard that some people get back of taxes end of the year, can I get it, I don’t know how its work?,
Kindly advise if you have any idea??
thanks,
Filing taxes is a good idea for your asylum case, as it helps demonstrate good moral character, which you need to be granted asylum. However, I do not know anything about taxes or deductions, and so you would have to talk to an accountant about that. Take care, Jason
Hello Mr. Jason
Greetings for the day. . .
We Are here in USA on pending Asylum based on gender discrimination policy of our daughters in our home country.
My youngest daughter is here with us ( She was Born In USA ) but my one of the daughter is with my friend in my home country. We are really very much worried and in stress as she is living without parents. She is too small to live without the care of parents (2 & a half yrs old ).
I have some options in my mind to bring my child with me, I need advice from you.
1) Can my friend bring my baby here as they both are having B1/B2 visas ?
But my friend is hesitated due to present Govt. restrictions for immigration in the country.
Do we need to give any legal authorization letter being her parents? will it work ? Will it make smooth entry for my kid and my friend who will be with her as a caregiver.
2) Should we expedite the case on the basis of family separation ?
What are the chances and consequences of the request for expedition.
3) Can I apply for Advanced Parole and travel and bring my daughter here with me ?
After applying AP, Can I visit the third country (Nearby my home country), and my friend brings my daughter there and then I bring my baby to USA with me?
Will my daughter get entry to USA with me on the basis of AP with her B1/B2 visa ?
These are the basic thoughts of mine being a mother in worry of her daughter. Pls suggest us if any of the above option can work or not.
Or Being an legal adviser, what other way you can suggest us. Pls help us in view of humanity not toward me but towards my daughter as she is growing up without her
parents and it is very difficult for her.
Being her parents we were fearing that we could not give her proper education, love and care in such pressurized circumstances where a girl child is not welcomed by
heart, then How can a third person ( my friend ) can take care of hers properly ? I really need to do something, pls help me out.
From
Dee
1 – I do not know about this. You should talk to a lawyer who knows about B visas and bringing minor children here. 2 – You can try to expedite. I wrote about that on March 30, 2017 and maybe that posting would help you. 3 – This may be tricky. I think it would probably work, but once you arrived here, US Immigration could reject your daughter based on the fact that she will violate her visa status (I wrote a bit about this last week). In practical terms, they cannot send a 2-year old back, and so they will probably have to let her in. But given these issues, I am not sure what would happen when you arrived here with her. Maybe you want to talk to a lawyer about options 1 and 3 to see if you can get her here safely. Option 2 is fine, but even if they expedite, it could still take many months to win your case and then bring your daughter to the US. Take care, Jason
Thanks Jason for your earlier reply.
Still waiting my biometic notice after been added 45 days back on existing case. Can I apply for EAD while awaiting biometric? since my principal applicant did already get her initial EAD a year back.thanks
I would try to confirm with the local asylum office that you have been added to the case – email them or go there to ask. You can find their contact info if you follow the link at right called Asylum Office Locator. Once you feel confident you are added to the case, you can apply for the EAD. If you get the fingerprint notice, that means you are for sure added to the case, so it is preferable to have that before you apply for the EAD, but you may never get it, and you cannot wait forever. Take care, Jason
Thanks Jason, you are a great help and insprational. My lawyer got the biometric notice letter.
Hi Jason,I applied for asylum last year June and got my EAD in January this year.I reside in North Carolina but just bought a house in South Carolina.What do I need to do as regards my change of address?Thank you so much for all your help
Change your address with the asylum office using form AR-11, available at http://www.uscis.gov. You can do it online or mail/deliver it to the local asylum office. Take care, Jason
Hello!
I applied for asylum based on persecution for belonging to a particular social group and I’m awaiting interview. However, I just discovered new elements that has made my case to include political persecution. I just which to know if this is common and wether I should include these new elements into my case. Will the asylum officer accept that we include these news elements and tick the political persecution box on the asylum application form that was initially submitted?
It’s very important that I know because I have to pay a huge amount to a contact in order to obtain this new evidence.
Thanks Jason.
You can add this to your case – it is not a problem. You should include evidence to show how you learned it. You can submit all evidence in accordance with the rules of your asylum office (in my local office, we have to submit evidence at least one week before the interview – different offices have different rules). Take care, Jason
Hi Jason thanks for everything, helping million people for their asylum case. I apply my asylum request at San Fransisco asylum office and I’m still in San Francisco. I went to Dallas to visit some family members and i work there for 3 months and l am back to my home San Francisco. Meanwhile in Dallas I didn’t change my address, so could this situation affect my case. If so what should I do.
You will have to reveal all your employment at the asylum interview, so you will need to tell them about Dallas, but it should have no effect. This was a temporary move and you returned to SF when you finished the job. Hopefully, you maintained your driver’s license, taxes, etc. in SF too, as that shows that SF is your “permanent” address. Take care, Jason
desr respected sir,
i received refugee status through my father in 2000 upon which i traveled to usa in 2001 but latter on i left USA in 2003 without appling for for 485 or permission from the US immigration authorities .know i am faceing the same threats and fears as i had in past i am on b1 visa in USA can i apply for green card regarding my previous refugee status or i have to apply fresh asylum
Based on what you are saying, it sounds like you may need to apply again from the beginning for asylum. However, I really cannot tell for sure, and in any event, where there is a complication like this, it is a good idea to consult with a lawyer to help you decide on the proper path for you. Take care, Jason
Hope you are doing good. I have a question regarding asylum. I saw your post on too. Thanks for reply.
I want to know one last thing that its true that we should apply asylum on that state where the sucessfull rate is high like san franscico or los angels or I can apply to any other state where the rate is low.
If i apply in one state and live in some other state so what will happen? Will thy reject my case or its a problem.
You don’t get to choose which branch or sub office you apply to. You need to check online and see what filing address was appointed to the state you reside in. If you file in a different office not appointed to the state/location you reside in, your application will be rejected.
Thanks for the prompt reply sir. Thx you
My point is only that if i have a solid case with evidence and i apply on the low ratio state where the application granted chance are less so it will work or what should i do.
Thanks
If you have a solid case you will get granted it dont matter which office you are in. But you dont get to pick and choose which office you want to apply. you have to apply to the office where you live. Hope this help tc
I think it is a mistake to worry about grant rates – if you have a good case, you should be able to win in any office. I wrote a blog post about this on February 25, 2016 – maybe that would help. Take care, Jason
Hello,
Thanks you so much sir.
Regards
You have to apply where you live. If you apply somewhere else, and the asylum office thinks you are lying about your address, they may also conclude that you are lying about your case and deny asylum. Take care, Jason
Greeting sir,Iam in pedi g asylam case and unfortunately my telation with my wife getting worse and worse and thinking to divorced I have one kid and both they are in my case what is .my Q is can I drop my wife from the case pr she can stay even when the divorce take place and what about my kid can I keep it within my case.thank you Sir
If she is a dependent on your case and you get divorced, she will no longer be part of your case, and if she wants to seek asylum, she would need to file her own case (you should be able to keep your child as your dependent, though if you lose custody of the child, I am not sure about that). If that happens, I recommend your wife talk to a lawyer to help with the case, as there are certain issues she will need to deal with (such as a the one-year asylum filing bar). Take care, Jason
What if my wife is dependent with 2 year EAD.
After divorce, can she keep EAD or it’s going to be discontinued?
If she is divorced, she no longer has an asylum pending case, and the EAD will become invalid (though no one will physically take her card – but that card would become invalid). Take care, Jason
Hello
I want to join Christianity
But unfortunately, we have banned us from entering the church. The front door of the church prevents me from going inside
And that’s why I am imprisoned and tortured (my injuries are clear)
Thanks
If you are in the US, this might be a basis for asylum. Talk to a lawyer to review the specifics of your case and you will have a better idea about that. Take care, Jason
I have been added as a beneficiary 45 days ago in an existing asylum case but haven’t heard anyrhing thusfar. The case was filed 18 months back. Can you advise me if I have to wait for reciept notice or shall I expect the fingerprint notice. Will the 45 days lapsed sofar shall be considered for 150 EAD clock.
You should get a fingerprint notice, but there is some inconsistency when people are added to an existing case. You should contact the local asylum office and tell them you did not yet get your fingerprint notice (called a Biometric Notice). You can find their contact info if you follow the link at right called Asylum Office Locator. As for the EAD, you can apply for that on the same schedule as the principal applicant; you do not have to wait 150 days after you were added to the case. Take care, Jason
Dear Jason, I recently checked my status about work permit (asylum,first time applying for work permit) online and read this “On September 19, 2017, we ordered your new card for Receipt Number LINxxxxxxxx, and will mail it to the address you gave us.” Does this mean my work permit is coming??
Dear Carter,
How long it takes for your status for EAD changes? I mean when did you apply?I am waiting for more than four months for the renewal of EAD but my status is still the same.
Yes, but it may take a week or two to arrive. Take care, Jason
Hi (Selam) Jason,
How blessed we are at least you are here to help us!!!
It has been more than 4 and half months (we filed in month of 24 April 2017) for EAD renewal for pending Asylum cases in Arilngoton office.
I talked to an immigration officer for long delay, he told me I can contact the Arlington offices where my asylum was filed for such delay of my EAD renewal. Do you think that would be relevant and good to contact the Arlington office about ,how long my EAD renewal is delayed for almost 5 months?
Unfortunately, such delays are becoming normal, at least in this part of the US. I think contacting the asylum office is useless, as they do not process the I-765 (but if you learn differently, let us know). You can call USCIS about the delay or make an Info Pass appointment to go in person (the phone number and appointment webpage are at http://www.uscis.gov). Probably, though, you will get the new EAD soon. Your old EAD was automatically extended when you filed to renew, and if you need links to the law on that, I did a posting on January 25, 2017 with those links. Take care, Jason
My name is Jamesetta Sirleaf
Thanks a million Jason. This is my first time reading any of your articles and this one, Sept 11, 2017 one, just spoke to my case. I was referred to your article by my attorney.
I am an asylum seeker and have a pending case. I filed in August 2016 and presently have my EAD, SSN, Driver’s license and I’m working while I await my interview date.
Now, I have a pressing need to travel to Ghana to see my other dependants I left back home in Liberia that have been brought to Ghana for safety from the reason why I left home, Female Genital Cutting.
After reading your article, I’m so confused and afraid and don’t know what to do now. I’m planning to go see them after two years in December this year in Ghana but fear what it might caused me upon my return. My question now is, do you think in my case since I’m not going to my home country, will my travel still be risky?
First off, don’t give away your full name with personal information on random blogs.
If you leave while that application is pending, immigration laws allow the USCIS to presume that you have abandoned your asylum application.
So no, do not travel while the case is pending or when under removal proceedings.
AS long as you have Advance Parole and do not go to your home country, you should be fine. We have not seen anyone with AP be rejected at the airport or have other problems. It is theoretically possible to have trouble upon arrival, but I have not heard about that and I do not think it is a major worry. Take care, Jason
Hello!
Is my homeland country aware or will be aware of my asylum application?
The US government keeps this info confidential and will not tell your home country. Take care, Jason
Dear Jason,
I got an approval on my expedite letter. I got the letter on August 24. So in your opinion approximately when will I get my interview date?
In Virginia, the interview follows such a letter in a few weeks or a few months maximum. Make sure all your evidence is submitted, so you are ready when they call you for the interview. Take care, Jason
Hi Jason;
I got EAD this week, my case is on MD, but I’m working in texas. will it effect my case? and Where do i have to file tax, in MD or TX? Pls give me your expertise suggestion. thx.
You have to inform the asylum office about where you live. If you are in TX temporarily and you maintain a permanent address in MD, than you should be fine. But if you have no connect to MD, you should not be using that as your address with USCIS, and this could create problems for you at the interview (if they think you are lying about your address, they might think you are lying about your case). As for taxes, I cannot advise you about that. But if you file in TX, it is more evidence that TX is your permanent address. Take care, Jason
Hi Jason.
I applied for asylum and included my husband as a beneficiary.He was in my home country when i submitted my application.He is now in the US to stay.how do i go about notifying USCIS that he is now in the country and what is the process.Can he get a work permit?and after how long.
Thx
If he is here, you can add him to your case and he can get a work permit on the same schedule as you. Contact the asylum office and they should be able to give you the procedure to add him to your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello,
I am so confused hearing from different things from here and there.And I need expert advise from you.Please guide me according. I have to apply asylum as i have fear to return to my home town because of Sect “Shia Community”. I have been living in third country past many years and had lost my job because of the sect Shia. I after many year i returned to my home town and some incident happened and i left country and thats the reason i left my home town and
i didnot get any chance to make the complain or police report.I dont have evidence to proofe my case but i have huge risk. Thats the reason i have fear to back on my country. On State Gov USA report also mention the condition of my country and human rights report also said about
the bad sitvation of our sect in the country.This is the little story about me. Now I have to ask these question and that is my confusion.
– Without having police report or written evidence do i have to apply asylum or
what are the chances to grant the case.
– Expert witness report is mandotory? or i can submit late when its need?
– Its good to apply the case from california as the sucess rate is high
or i can apply from any state?
– Can i apply from CA and after geting workpermit can work anywhere and
the case will process from CA
-for applying asylum u should have 2 3 reason to apply or one is fine.A
As people said you should have 2 3 reason to grant the case.
-After applying asylum can i register my child to school as on visit u canot sent your child to school. Its breaking the law.
I Will be waiting for you help and support and your reply
Thanks in advance sir.
Regards,
I think you need to talk to a lawyer about the case. I cannot give you so much advice here, as I am not familiar with your situation. In general, the more evidence you have, the better, but people can certainly win cases without police reports or expert witnesses. You have to apply for asylum based on where you live; you cannot live one place and file in a different place. You only need one reason to win – if you qualify, you can win asylum. If your child is in the US and the age for school, he/she can attend, even if you have not yet filed for asylum. Whether you can change status after you apply is complicated, and it is also a question you can talk to a lawyer about. Take care, Jason
Hi Jason,
I am a student coming to the U.S. with F-1 visa. I graduated last may and submitted my application for work authorization 10 days before my graduation date. It took over 100 days for USCIS to process my application and finally deny it on August 24. They claimed that they mailed out a decision notice which explains why they denied it and my options.
At the moment (Sep 14), I still haven’t received the decision letter. I tried calling USCIS 3 times during this time and put service request for a second copy of the decision letter. Still No mail has shown up in my mail.
Do you or anyone you may know have come across this issue? please help me so I can have a better insight of what has been going on.
Sorry, I can only assist with asylum issues here. Maybe talk to the school to see whether they can assist you. Take care, Jason
Hi Jason 🙁
Its been 4 months since I applied for my work permit (first time). Its been 10 months total since i filed for asylum. What can I do??:(
Work permits are arriving slowly. If you got the receipt, then they have it, and you will hopefully get it in the next month or so. You can also call USCIS to inquire or go there in person. You can find the phone number or make an appointment to go in person at http://www.usics.gov. Take care, Jason
hi Jason
Thanks for your valuable service,
I am here on pending asylum my family in home country (India), my us citizen brother applied for family base green card application, since 8 month approx., they got interview date but due to they were not here we request for new date. yet to wait for new date and at present they are in my home country on payroll, now I have q is that, if they come to US with in 1 or 2 month, is there any problem at airport, 2nd q is that, is there any problem for their green card application,
Kindly advise
Thanks,
hi,
continue above q, its my parent green card application.
thanks
Sorry, I really do not understand your questions. If they are coming to the US on immigration visas, your asylum case would normally not affect them. Take care, Jason
hi Jason,
They are coming on B1/B2, they have tourist visa since 4/5 years -10 year multiple entry) and this will be their 4 or 5th visit to USA on B1/B2 visa,
FYI, thanks
If they are coming here on a B visa, they might have trouble, but if they are coming here with a green card, they should be fine. Take care, Jason
Dear Jason,
Hope u doing good. Actually i had post the detailnmag on the same blog day before yeatarday but i cant see that post here and didnot get any reply.
Sir i really need your advise , please let me know
If u want i will post it again.
Really apprecite
Thanks
Reza
If I did not reply, you should post it again. Take care, Jason
Hello Sir.
Please guide how to expedite the case as I filed in March 2015 still waiting for interview. What is the procedure for expedite the case and what are the chances for approval.
That Ms
Key
I did a posting about that on March 30, 2017 – maybe that would help. Take care, Jason
I hope you well. I am one of the fans of your blog. Thank you very much for your time reading this email.
I am Uyghur from China and applied for asylum in March 2015. I expedited my case and interview in January 2017. Unfortunately, the result was disappointing even it went smoothly. The result says ” the country condition information inconsistent” even the situation is getting worse than ever these days for Uyghurs and I was referred to the Immigration Court. Apparently, the officer never had a case of any Uyghurs and was new to the office. Now I am waiting for MHS in December. I wonder how long do I have to wait until my merit hearing in Arlington Immigration Court? It looks like it will be another 2-5 years until merit hearing???? We also submitted a motion for reconsideration in February and still waiting for the revised result hopefully before the MHS date. For the MHS all the family members should be present on that date or only applicant? Will prompt hearing possible to expedite the case? if yes, how it works?
The waiting time in Arlington varies by judge. For some, you might only wait a few months; others, you might wait 4 years. You can try to expedite in court – I wrote about that on April 20, 2017. All your non-US citizen family members should go to the first court date. Usually, the Judge will tell you that day that minor children do not need to return to court. Take care, Jason
Dear Dzubow;
Firstly, a sincere gratitude goes to you for your relentless help & support to us. I have a quick question and I hope you will help me with that too.
After filling Asylum, I have waited more than 150 days and haven’t heard from them. Now, I wanna apply for EAD card. What are the documents that I needed to apply for EAD? And what are the supportive documents should be submitted? Please, help me with that.
God bless you.
I cannot answer specific question about applications, as I am not familiar with your case. You have to check the instructions to form I-765, available at http://www.uscis.gov. Even if you make a mistake or forget something, it is not a big problem. USCIS will send you a request for evidence and you can correct the error. Take care, Jason
Hi Jason, I have my first hearing in immigration court with the judge in New York, but I had a temporary job in Seattle that I have been working for 1 years, and I always keep my address in New York, my question is: my asylum can be refused for that? or I have to explain to the judge, thanks
You probably will need to explain why this job is “temporary” and how you are keeping a permanent address in NY. If they think you are lying about your address, it will potentially harm your case. Hopefully, you have some evidence that your permanent address is NY. Another choice is to tell the Judge that you are in Seattle and move your case there. Take care, Jason
Hi Jason
Sir, pls i need your help on my asylum pending case and especially on how to apply for EAD. I applied for an asylum with my family in April 2017. I got some help from a friend on how to go about the application process because i dont have much info on how to submit our case then. After 2weeks we got acknowledgement letter and we went for our biometric. we started looking forward to the 150days before we can apply for EAD. The 150days has laspe on sept 8th. I then contact that my friend for assistance to apply for the EAD, but to my surprise he told me that we all have to apply with application fee of $410 each, making $1,640 which i dont have at all. We are 4 in my family that applied (i.e. Myself, wife and 2kids – my son 8yrs and my daughter 6yrs). But from what have been reading about asylum online and on your blog, i can see dat is free to apply for EAD as an asylum pending applicant.
However sir, my main issue now is that i want you to assist me on how to go about applying for EAD for myself and my wife. Is it true that kids too will also apply for EAD, if yes how? What are the document needed with the FORM I-765 to apply for our EAD. Again, our address has changed, am i to notify through the “change of address” form or what?
Please what are the documents needed to apply for the EAD as i dont want to make any mistake in my application.
Please i will appreciate you urgent response so that we apply as earlier as possible. we have already done our finger print over 150days ago.
Thanks
kay
As I do not know your case, I cannot provide specific advice about this. The form I-765, available at http://www.uscis.gov, has instructions that explain what to do. There is no fee for a first-time application for an EAD (when you file for your second EAD, there is a fee). You can apply for your children or not, but usually children that young have no need for an EAD. If you make a mistake when you send it, USCIS will send you a letter explaining the error and asking you to correct it. It is not a problem. Finally, if you moved, you must change your address – use form AR-11, available at http://www.uscis.gov. You should do the AR-11 before you do the I-765, or at the same time. Take care, Jason
Hi Mr Jason,
Thanks so much for your response, i really appreciate it. For the change of address I hope each applicant of my family will need to fill the AR-11 form each. If i should submit the AR-11 form online, do i still need to mail another copy, if yes to what address. After filling the I-765, where am i to mail it as i live in houston, texas.
Thanks as i wait your reply.
Kay
Normally, only the principal applicant submits an AR-11. You can do that on-line or mail it according to the instructions (or do both, if you want). As for the I-765, you need to check the mailing address on the instructions. If you have two different cases pending – the asylum and I-765, for example, you need to change the address for both cases. Take care, Jason
i need your advice and recommendation and am in bad situation and very confused and i don’t what to do , my wife complain about our situation here in US since we are not having any work permit beside no service like health care house rent support or basic house need like for us and our children. and i have limited budget ,and the life in US is very expensive . and am not sure if any support we can get or not ,you can tell if there is any thing we can get .
i told her about what can be expected if we go through the asylum in USA but unfortunately she change her mind and decide to go back to our home country with my two kids or alone !
and we already submit the case and we expect to have the job permit request after five month from now plus we should prepare our self for the interview with officer and i told about the danger that may happen to her or to my kids and we are lucky to go out from our home country safely but she insist about taking the risk and i hardly can accept it .
so what you think if she traveled back and all the chances to convince her not goes well ? ,is this will make problem to the case ? and what about the work permit and the finger print which we should have before the interview ?.and what about the interview ?
I inform her about sending e-mail to you to advice us or show us what will happen in case she left the country alone or with kids and go back to her family in our home country
if she is included in your case and your story tells that you and she will be prosecuted if you go back to Pakistan, then her return will make your case invalid and even fraudulent. I see zero chance for you to win your case in this situation.
for the social help, It is very unlikely that you may be able to get ANY help in the US. things are becoming more tough now.
for Employment authorization card, you can apply 5 months after you file your asylum application but you may have to wait 3-5 months again for the card. Now everything is very slow and I am seeing people waiting for 4-5 months for EAD without any news.
for your interview, you will be very likely to wait for another 2-3 years.
I am assuming that you are the main applicant and she is the dependent. In that case, if she returns, you will need to explain her return to the asylum officer, and I expect that this will weaken the case, but it really depends on your case. If she leaves, you (and the children – if they stay) can still get their work permits normally. You might want to Google “Catholic Charities” + the name of your city. You can go there and ask about public benefits that might be available to you – I do not know much about that. Take care, Jason
Why my brother EAD application is not showing any update even as received on 8/23/2017 at Lincoln Service center .
LIN179XXXXXXXX , It showing as error .
I do not know – I cannot tell from what you posted. He can call USCIS and inquire – the phone number can be found on their website, http://www.uscis.gov. Take care, Jason
Hello Jason,
I’m on pending asylum and my mom is on GC. Priority day will become current soon as she applied i-130 for me. i’m above 21 and unmarried. is there a possibility of me having GC through her when she becomes a citizen?
Thanks
You should Google the “DOS visa bulletin” to see the dates. It may actually be faster for you if she has a GC and is not a citizen. You could get a GC from her, but it may very well require you to leave the US and get the GC overseas. Depending on your situation, this may or may not be possible, so I recommend you talk to a lawyer to see what you can do. Good luck, Jason
Hi Jason,
I am an asylum applicant (muslim) with pending application since January 2015 applied my application at HoustonTexas. My first child was born here in US in 2008 when my husband was a student here then we left after my husband studies were completed we never over stay here. I was associated with some political parties back at my home country Pakistan. My husband started his job in duabi after we move from USA in 2008 but in 2013 my husband job was in jeapordy we planned to move Pakistan but when i went there i started receiving threat notes i was very scared tried to stay secure but couldnt manage. My second child was born in UAE in 2013. I got my visitor US visa from UAE since my sister is a us citizen and was pregnant she needed my help because of her previous medical history anyways cut short story is my intentions were never to apply asylum here but due to threats reasons i applied asylum here after my visit with in 6months. My husband also received his vistor visa in UAE he was visiting us from time to time as he was still struggling in UAE with his job he never tried to get a job here in US but this year in june while he was in dubai my husband received a call from us embassy in uae that his visa have some issues so he needs to visit the embassy when he went there they cancelled his visa and asked him to apply new visa in 1 week he reapplied for visitor category visa but they rejected it telling him a reason that ur wife applied an asylum in usa so you will now join her he tried to convince them that since past 3years he is just visiting us but he never tried to join, unfortunately they didnt got convinced and rejected his application. All was going ok until his visa rejection now my kids are really disturbed and i am too, recently i was diagnosed by diabetes because of tension and anxiety. Above all the worst part is my mother is severely sick and she is losing her memory i wanted to see her she is back in pakistan i wanted to visit her as soon as possible my question is:
if i applied info pass at nearest uscis office and ask for a travel document will uscis consider my mom condition an emergency situation and will they issue me a travel document and if they issue is it possible i can come back to usa, i know it will hurt my case going back to the country of fear but what are my chances? i am frustrated afraid and disturb i just dont know what to do please advice me what are my options and what are my chances of coming back because i dont want to abandon my case just want to see my mother and my kids will get a chance to see there father too hopefully.
Thank you for your precious time. your advice is really important for me as i always follow your blog. anxiously waiting for your reply. Thank you and God bless you always.
Unfortunately, things are more difficult now, and your husband’s story is an example of that (though even before Trump, we have seen such problems). I will be posting a blog post this week about Advance Parole, and so maybe that will help. You can ask for an emergency AP, but whether it will work, I do not know. Also, returning to Pakistan will very likely cause your asylum case to be denied. You can try to explain the reason for the travel, but it will certainly create a major issue for your case. If your sister is a US citizen, she can file to bring your mother here. That may take 6 to 9 months, but maybe she can expedite based on your mother’s health situation. Also, maybe she could have your mother apply for a B visa to come to the US for medical treatment – that might be done very quickly. Anyway, if those are options, it may be better for you than going to Pakistan, which would likely harm your asylum case. Good luck, Jason
Thank you so very much for your advice Sir. I have one more question to ask if i take my kids to meet my husband till UAE only on AP, since he cant visit us anymore and its not the country of fear will it also hurt my case?
Thank you so much God bless you and your family with good health, wealth, happiness and love.
Sir if someone voluntarily withdraw their asylum case, after how many years they can reapply for US visa?
Nothing stops you from re-applying to return to the US. Whether you will be able to get a visa, and whether your asylum application will make that process more difficult, I do not know – it depends on the case. Take care, Jason
As long as you do not visit your home country, traveling on AP should not harm your asylum case. Take care, Jason
Thank you Sir for your prompt reply.
Dear Jason,
My husband expedited his case and yesterday he received a letter saying “Your case has been added to our cases to be expedited. We will contact you with an interview date as one becomes available.” Does it mean our expedite petition was approved? What does it mean?
Thanks in advance.
Yes your case is aproved
So you have to be ready for interview may be within 2 week or mx 1 month
The expedite request was approved. It may still take several months to get the interview, but you should make sure that all evidence is submitted to the asylum office so you are ready to go for the interview. Take care, Jason
Hi Jason, I heard that USCIS is training all the staff in Nebreska Service Center for the upcoming Green Card interviews for employment based visas (also asylum petition GC applications). Because of this, they have stopped processing all types of EAD applications at Nebreska Service Center and USCIS may soon distribute those EAD application to other service centers. This may be the reason why so many people (including one of my friends) are complaining that their EAD application in Nebreska service center is pending for 4-5 months without any news.
Thank you
That would explain the delay. Where did you hear about it? Thank you, Jason