Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Murray Osorio, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
Jason@MurrayOsorio.com
(202) 328-1353
Hello Jason,
I called the court schedule line to verify my hearing with the IJ by entering my A number , but it says the A number is not in the court system. Is this usual?
It may mean that the case is not yet filed with the court. If the cases was recently referred to court, it may take a few weeks or months to get into the system. You can try calling the court directly to ask the clerk – you can find the phone number if you follow the link at right called Immigration Court. Take care, Jason
Hello Jason, I received a citation (Fine) on the bus when the I failed to show my bus pass to the inspector. I didn’t follow up and I do not know where it ended. I even lost the paper so could not follow up with the public transport company. I’m waiting for my asylum decision. Do you think that can be considered as a crime or it can be problematic for my asylum decision??
I doubt it will block you, but depending on the end result of the citation, it could affect things later on, like with a green card or citizenship. I would try to find out what happened. Maybe you can contact the bus company and find out which court handles such cases. If you talk to the court clerk, you should be able to find the record. Take care, Jason
Hi Atty. Jason. Hope all is well with you.
My asylum application referred to IJ due to one year bar. My court date is May 9,2019. My question is can I still be renew my EAD 6 months before August expiration? Thank you so much.
As long as your case is pending you can renew the EAD. If you happen to lose the case and you appeal to the BIA, you can also renew the EAD while the appeal is pending. Good luck with the case, Jason
Hi Atty Jason. Thank you for your prompt reply. Do you know a Law firm here in Los Angeles to help me for my court hearing?. Again thank you so much
I don’t sorry. A good starting point is http://www.aila.org. Take care, Jason
Dear Janson,
Thanks so much for the help you are offering us. I asked you about my wife’s RTD problem. She wants to travel to a third country for one week to see her family. As the government of the third country doesn’t accept RTD’s you said she can travel by her passport. But if she buys her ticket with her national passport then how can she return to the US with the RTD? Shouldn’t her coming back to US be with the RTD?
So can you help me please how can we do so that there is no risk in her trip.
Thanks in advance for your help.
She can present both document when she enters the US. She should have the RTD to enter the US, and it sounds like she needs her passport to visit the third country. People do that and I have not heard about it being a problem. When an asylee uses her passport, it could create issues with the US government, so she should be prepared to explain why she did that, if asked. Take care, Jason
Hello Jason;
I have applied for asylum since 3 years and I didn’t go for my interview , my employer is willing to apply for EB2 /EB3 for me but some people says that I’ll not be able to change my status here in US if my PERM get approved, some people saying that I have to leave US and do counselor process , so based on your experience is it doable to change my statues here in US or it’s must to be via counselor.
Thanks for your usual support..
Regards,
Ali
Most people who do this would need to leave the US to get the GC, but there are exceptions depending on the case. I wrote about this issue on August 28, 2018. At the minimum, if you try this, you should have the attorney fully explain exactly how you will get from where you are today to the green card, and whether you need to leave the US to do it. Preferably, get this in writing. At least then you will have it if something goes wrong – and more importantly, if the lawyer is not really confident in his plan for you (but maybe just wants you to hire him), he will probably refuse to put it in writing, which will be a sign that you should find another lawyer. Take care, Jason
Hi Jason, once again thanks for your help, you are just kind of hope for me, when i google and do not find answer i got it from you.
As i am approved asylee dec 2017 and i applied for adjustment of status in jan 2019.its being almost 6 year period to get to this point.my father is old and he is sick, he wants to see me.my case is in Nebraska center, the estimated time is 7 to 12 month for asylee for adjustment of status.my question is can i able or qualify to expedite my green card application because my father cant get a visa because i do not have any status which he refer.second i am also mentally tried and homesickness and always worried for my father.is there any possible way i can speed up my GC application.
thanks
You can try, but I do not know that it would work. Send USCIS evidence of your father’s health (with a copy of your receipt notice) and ask them to expedite. Your better bet is to get the Refugee Travel Document (form I-131, available at http://www.uscis.gov) and go meet him in a third country. If you have to travel to your home country to see him, you do take some risk (it varies by case – talk to a lawyer about specifics), but you would have to balance that against your need to see him. Take care, Jason
Hello,
I have recently updated my pending asylum application by adding my wife to my application. I have sent to Houston Asylum Office as they requested. But they still didn’t send a receipt with a new alien number. This is important to us because my wife will apply for driver licence and the expiration date of her visa is approaching. I have emailed several times to the office, but they didn’t respond yet. I am planning to go to Houston to get the receipt but I guess they may still not give receipt when I talked to them in person.
Can you give me an advice for this issue?
Mustafa
I do not know about the Houston office, but in general, it is a huge pain to add dependents to an existing asylum case. It should not be, but for some reason, the system does not work well (this may be particular to Virginia, where I have added dependents). I think it is a good idea to go in person and inquire about this. Hopefully, that will get it done. Take care, Jason
I mean if the asylum claim, not relief, is denied by IJ. Will you be removed immediately if you do not qualified for any relief.
Thanks.
I have not seen that. The Judge will issue an order removing you, but you can appeal, and you can stay here until the appeal is done. If you lose the appeal, and do not leave, at some point you may be detained and deported. But once the case is done, it is difficult to remain here, as you will not have a work permit and will be under threat of deportation. Take care, Jason
Hello Jason,
If the IJ denies your claim during your MCH and you do not request any relief at that moment, can you be immediately detained by ICE in the court room or, you will come home and wait for the judge formal communication of your removal.
Typically, relief is not denied in the MCH, though that is possible. I have not seen ICE detaining people in the courtrooms or heard about it. However, I did hear that ICE was going to start that practice in several courts as a pilot program. As far as I know, it has not yet happened. In any event, if you want to leave, maybe you can request voluntary departure. If you are eligible, the judge would at least give you some time to leave on your own (normally 120 days). Take care, Jason
Hello Jason! Hello community!!
It’s been 18 months since my asylum interview which was conducted at Chicago Office. I’m making inquiries in person and always got same answer “still pending”. Is there anyone who got his decision after waiting really long time. For me it seems I’m gonna wait it forever. I’m so tired to be in this situation.
Thanks all of you!
Decision do arrive, eventually. We have seen people wait months or years. If they are not responsive, and you want to push them, you might consider a mandamus lawsuit. We wrote about that on October 2, 2018. Take care, Jason
Dear Jason,
I have a question I am planning to visit a third country with a RTD. But I called to the embassy of the third country and they told me they don’t give visas in RTD-s. We have to have a green card to get a visa. They told us we can enter their country with our national passport. I called the USCIS to check if I will have problem coming back if I enter the third country with my national passport. They said they can only say that RTD is for returning to the US. Please tell me if I go to the third country and if they don’t accept my RTD can I use my national passport? Will that be problem later on coming back or with my Green Card application? I am just planning to stay there for 10 days to see my family.
Thanks in advance.
It sounds like you will need to use your passport to visit the country, but you can use your RTD to re-enter the US. I doubt this will be a problem, but if they give you a hard time, you should be prepared to explain why you used the passport (the third country did not accept the RTD). Take care, Jason
Thanks Jason,you are doing the great job, My asylum case is in court, and the first master hearing date is coming, if I say I need sometime to find a attorney and the judge agree, so the next hearing date can I say I want to represent by myself, is okay?
second: may I ask the judge to remove me to the country which is not my homeland but is other country which is safe to me? thank you very much.
I suppose that is fine – if it is the first MCH, the judge almost always gives you time to find a lawyer. If you want to represent yourself, you can do that too, though most judges prefer you to find a lawyer. The judge would normally only remove you to a country where you have permanent status, which in most cases is the home country. Take care, Jason
Dear Jason
I have a US citizen child can she apply for me to get a permanent residence status, before she turns 21 years old because she is autistic and she needs to be in US for medical treatment , now she is almost 19 years, is there any exceptions in the law for mothers in my case
Hello Jason,
Dear Jason
I have a US citizen child can she apply for me to get a permanent residence status, before she turns 21 years old because she is autistic and she needs to be in US for medical treatment , is there any exceptions in the law for mothers in my case
She cannot apply for you until she is 21. You may be eligible for Cancellation of Removal, assuming you meet all the requirements. But to get that, you have to be in immigration court and (among other things), you need to have 10 years in the US. If you think you might be eligible, talk to a lawyer about that. Take care, Jason
Dear Jason,
Hope you are doing well. I have couple of questions. I received my RTD, but due to some problems couldn’t travel on the dates I told them in the form I filled in. Will that be a problem? I am planning to travel in a month to a third country to see my family. What should I do, should I contact USCIS and tell them I have changed my traveling dates or just buy the ticket and go? Also how do I know if the country I am traveling to accepts RTD document. Should I call the embassy of that country in the US? Please tell me what steps should I take before traveling? I have already got my RTD.
Thanks in advance.
As long as you travel while the document is still valid, it is fine. You can just go. For the third country, some embassy websites have info about that, or you can contact the embassy to ask. You probably should bring your passport also, just in case you have trouble with the RTD. Also, you may need a visa in the RTD – check with the embassy. Otherwise, you should be good to go. Take care, Jason
Dear Asylee,
My RTD was issues when my travel date was passed already but I traveled to the third country after 5 months. As I was avoiding any issue with airlines, I call the airline for my departure starting point and tell them the document I will be using(RTD), they call other airlines and also other airport services just to make sure if they will not be a problem in transit; all the confirmed that it is fine.
I even if call USCIS to tell them and show them my route, they said that as long as your RTD is valid you can travel anytime; just verify with the third country if you need visa. For me, the third country told me that I will get visa at airport on arrival, they put it on my RTD. When also I return, for the US port of entry they checked me and stamped the date of entry in my RTD, I will tell you DO NOT FORGET TO BRING WITH YOU YOUR ORIGINAL I-94, I saw the power of it!
It is just to share my experience, take care.
Hi Jason,
I had the interview on Feb 4th at Arlington. Now, I am waiting. AO gave me the mail-out notice after the interview. Do you know any average waiting time for a decision at Arlington?
Where do we get in touch with to correct the clock problem? I figured out my clock is not correct. It is less than it is supposed to be.
Best
Hi can you please share your timeline when did you applied
Thanks
On nov 19 , 2018
There is no average, as far as I can tell. Some cases take days; others take many months. Most seem to be resolved within six months, but it is hard to predict. As for the clock, if you have passed 180 days, then you are eligible for a work permit. If you are concerned about the USCIS case status webpage, that is not updating, so you cannot rely on it. Just calculate from when you got the receipt and if 150 days have passed, you can apply for an EAD (the clock must reach 180 days to get the EAD, but since you already interviewed and are waiting for a decision, the clock should not stop). Take care, Jason
Good day dear Jason,
I’m asylee since one yea ago and would like to fill the form but need some clarifications:
1. I’m the principal applicant, does somebody has to fill up the petition for me before I apply for I-485?
2. On page 4 Part 2, point 3. of I-485, what is the receipt Number of Underlying Petition ? I don’t see the explanation anywhere in the instruction manual.
3. As I will apply for the same time with my daughter, what shall I put on the same field when I fill the form for my daughter?
4.On page 3 Part 2, as asylee I think I will select 1.d first box. Is it the same for my daughter?
Thank you again for your support to people in distress.
1 – If you were granted asylum one year ago, you are eligible to file the I-485 and apply for a green card. You do not need anyone to petition you. 2 – Sorry, I cannot answer specific questions like that. Maybe check the instructions, but I do not know that you need to complete that field. 3 – If your daughter got asylum with you, she needs to also apply for a GC using form I-485. These are two separate applications – one for you and one for her. 4 – An asylee and an asylee dependent are the same for purposes of the I-485. Take care, Jason
Thanks.
Ho jason,
My question is i gave my interview at anahiem office in august , i got letter to attend my second interview on 30th jan, officer asked me few extra questions for around 1 hour , then she asked me that result will be mailed .
This sounds pretty normal – There is no way to know the time frame for a mail out decision. Good luck, Jason
Hello Jason,
I have my hearing with the IJ coming April, but I would now like to voluntarily leave the USA in March. Can I write the Immigration office or IJ to let them know that I am leaving the USA? Will it band me from any immigration benefit or stop me from enter the USA until after four to ten years?
I think that you can not leave USA while you are in court. Court means you are in trouble. So they will stop you at airport.
I doubt you would have trouble leaving through the airport, but I suppose anything is possible. In any case, I have not heard of people having trouble who are trying to leave while a court case is pending. Take care, Jason
Check Jason answer on 7th February
You can file a motion to request voluntary departure. It may help to have a lawyer do that. The problem is that judges are busy and probably will not look at your motion until April, by which time you will be gone. Some judges might be nice and grant VD retroactively, but others might order you deported for failing to appear in court. Unfortunately, that is the bureaucracy. If you have a lawyer, that may help. Take care, Jason
Jason, like many on this website I am an asylum seeker and waiting for my court hearing this April.
I have a Medicaid due to my pregnancy. With Medicaid you are allowed to apply for a $410 waiver while applying for an EAD.
Do you think using this waiver will in any way hinder my asylum case or applying for a Green Card in the future?
Thank you!
I do not think so, as asylum seekers are statutorily exempted from the rule about public benefits. I wrote about this on September 24, 2018. Take care, Jason
Jason, many thanks for your response even on weekends.
I might have misunderstood you.
I was still given Medicaid coverage, how did this happen if asylum seekers are exempt?
Thank you!
Sometimes people who have a pending asylum case and work permit can qualify for Medicaid (I do not really know the rules about this). What you are exempt from is the “public charge” requirement – some people who use public benefits are blocked from getting a green card. This does not apply to asylum seekers and people with asylum. Take care, Jason
Jason, thank you very much for clarifying this.
Hello Jason.
I came on F1 student visa in August 2016 but didn’t attend school, and lived in the US for 7 months before applying for an asylum. I applied for an asylum in March 2017 and conditions in my country changed. Can I withdraw my application and return to my country? And will I be able to get any visa in the future? Thank you.
Also is it possible to do voluntary departure and will it be helpful in the future?
Voluntary Departure is for people in court, so I think it does not apply to you. Take care, Jason
It may be easier to leave the US and then submit evidence that you have left to the asylum office and ask them to close your case. As to whether you can get a US visa in the future, it may depend on what type of visa – if you apply for a B or an F, I think you will have a hard time (aside from the asylum case, they will likely consider that you misrepresented your intention to study in the US, since you never attended school). Other visas, like H1b or L should not be affected by the asylum application (though again, if they think you misrepresented, that will likely affect your chances for any type of new visa). Take care, Jason
Hello Sir, I arrived to the U.S on F1 visa to attend 2 years master program. I attended and completed the first semster of my school from August to December last year. I couldn’t register for classes in January coz of financial issues. I had my asylum interview also in January this year. The officer asked if I was still going to school and I answered « No ». The Officer later in the interview asked why I stopped attending and I said I couldn’t register for classes because of « funding issues ». I was ready to proof that through some Emails and communication with my school and other entities abt my financial circumstances but the officer didn’t ask further. Do you think this might have anything to do with my asylum decision? Thanx!
It should not affect the outcome, but if the case is denied, and you are out of status, you will be referred to court. If you were still in status, which you are not, you would probably be receive a Notice of Intent to Deny (but that is a bit unclear, but it is also not relevant since you are out of status). Take care, Jason
Hi Jason. does background security checks take the same time for everyone? . For instance, foreign nationals who work in the U.S embassies overseas are already cleared and they had their background checked before given employment at a U.S diplomatic facility especially in countries in the middle east and Asia. In case of asylum do those people still get their decisions delayed because of security checks?
As far as I can see, backgrounds checks are unpredictable. We once had an embassy employee wait a long time for a background check, which I thought was strange, but I can see no relation between the person’s history and the length of the background check. Some people are long, while others are fast. I do think that men from Muslim countries, on average, wait longer than others. Take care, Jason
Hello Jason, ten days after my interview, the asylum office called to inform my lawyer that the decision will not be ready on the date and time that had been previously determined. Can this be an indication for something?
Please note, I had very smooth interview. I provided extensive evidence (reports, media articles about me, threats, evidence about colleagues who have been prosecuted). The officer seemed very convinced and the interview took less than an hour and a half. My lawyer was very optimistic and positive. Since the evidence was so extensive, it seemed like the officer had made the decision and was just trying to fill in some gaps and verify certain information. So I’m very confused with this delay.
It is very common and happens in more than 50% of my cases. I do not think it indicates anything good or bad. Such delays are common and often relate to the security background check. Take care, Jason
Hi Jason,
Hope you doing great.
my case is been approved in 2017 and in January 2019 i applied for adjustment of status. Now i want to get married but the girl i wanna marry, she lives in back home.can i able to file her case through my asylee status., becasue i dont know how much its takes time to get the GC.there is alot of pressure from her family to get married and she is waiting for me from last 5 years.i am in so much stress please tell me the possibilities.can i file for her as my wife through my asylum case which is approved
Unless you were legally married at the time asylum was granted, you cannot file for her based on asylum (if you were legally married to her and want to file, you must do so within 2 years of winning asylum). Otherwise, once you are married and have a green card, you can file for her based on your status as a lawful permanent resident (green card holder). The wait time is about 2 years – you can check that if you Google “DOS visa bulletin”. Take care, Jason
Dear Jason
I am a pending asylee since 2016 and my two kids and my wife are included with me in my application but they are in my home country. When I left, my family moved from the address which I mentioned in my application and which is allready on my and my family identification documents. My family moved from that city and from that province due to the credabl fear we observed because of my change of my religion. Our passports are now expiring and my family would be renewing it from my home country.
Now the question is in my country the authorities now decided that if a person doesn’t change his or her address on the identity card, he would have to renew his or her passport from the same city and province from where he or she having identity card, or if he or she willing to renew it from there ,where he or she living currently, he or she will have to change that address on all identification documents. Now since I m waiting for almost last three long years for my interview, and my family members are included in my application, and I submitted my birthplace address in my asylum application which is also mentioned in my all documents.
Will this change of address for my family in their passports and identification documents put any bad impact on my case?
Should I inform immigration office regarding this if they change address on their identification documents for the current address which would be different from the address mentioned in my application?
Or they should go to the same old city and province and apply from there for renewal of their passports?
Your opinion would be highly appreciated
Thanx
If they move, it should have no effect on your case. At the interview, they will ask the location of your family members, and you can tell them at that time. I do think you should have copies of the new and the old identity documents, but otherwise, I think this is no problem. Take care, Jason
Thanx alot Jason, may god bless you for your efforts
Hello Jason,
I can’t thank you enough for helping us.
I have a pending asylum and my kids & wife lives back home in Africa . I plan to visit them in Dubai or EU country. What do you suggest me and what’s the procedure?
I really miss my families Sir.
Thank you
If you plan to travel while asylum is pending at the Asylum Office, you should get Advance Parole. I wrote about that on September 11, 2017. Since I wrote that piece, it has become more difficult to get AP, but it is still possible. If your case is in Immigration Court, you basically cannot travel bad return. Take care, Jason
Hi Jason
Thanks for your valuable blog service, I sent my work permit renewal doc, now I have quick questions that I have to pay taxes as per my w2 as my earnings is high , generally we can pay taxes in April, but if I pay now in couple of days , so it’s good to renew my work permit soon,
Kindly advise
Thanks
Dav
You do have to pay taxes, but that is not related to the work permit renewal – they are two different agencies. Take care, Jason
Hello Jason,
When I applied for my asylum, I was on my immigration/F1 status. I submitted my application about 10 days before I complete a year staying in the US. When USCIS sent me back the forms for some corrections, I had completed a year. I resubmitted all my documents with corrections attached with a letter explaining about the situation. Will that be a problem for my asylum case, since my interview has been scheduled? Thank you!
It should not be a problem. I do not remember the exact regulation, but the rule is that if you file for asylum on-time, and the application is rejected due to an error on your part, and then you refile within a reasonable period of time, the case is considered timely filed even if the one year deadline has passed. Also, if you are still in valid F-1 status, that is considered an exception to the one-year rule. You should bring evidence for all this with you to the interview (and file it in advance, if that is the rule in your asylum office): copy of the first rejected application, mailing receipts, student documents and DS-20 forms. If you submit that, you should be fine in terms of the one-year rule. Take care, Jason
Hi jason i used to live in usa with a green card but i moved back to my country one year ago before it expired. i have a stable job i wanted to come for a business workshop will that affect my visa application…
Goodmorning jason in 2017 i married my girlfriend then i was issued a green card she then annulled the marriage ao i moved out before my green card expired and i would love to travel back to america do u think if i apply for the visa this will be the reason to be denied a visa to visit usa kindly advice am in a dilemma
Sorry, I can only answer questions here about asylum, and I do not do many cases involving visas. Take care, Jason
I am on pending status currently. My husband got a job offer from UK. For my son’s passport renewal, my husband thinking of going to UK first and then we join few days later.
My question is, when is the best time to withdraw my application and is it ok if my husband go early before me and my son? Also, is it ok for him to go before withdrawing my application?
Many, many thanks!
Normally, it is easier to withdraw the case after you leave the US. You can submit evidence that you have left the country, and hopefully, the asylum office will close your case. I do not see why there is any problem if your husband leaves before you and your son. Take care, Jason
Hi jason i used to live in usa with a green card but i moved back to my country one year ago before it expired. i have a stable job i wanted to come for a business workshop will that affect my visa application…
Sorry, I can only answer questions here about asylum, and I do not do many cases involving visas. Take care, Jason
have had my asylum interview on sep 2018
today received two letter from uscis
1 canceling first interview
2 reschedule of interview notice
they both came I 797c noa
whay they canceled the first one ?
Interviews get cancelled all the time. Mostly, it probably has nothing to do with you or your case, but depends on the asylum office’s schedule. Take care, Jason
JASON I have conducted my first interview already on september 2018,they have canceled that one…
I do not understand how they can cancel an interview that already took place, sorry, Jason
thats what happened ,what do you think the reason?
I have no idea what you mean – if the interview took place already, how can it be canceled?
Hi, I filed my asylum in 2015 it was Vister visa at that time i was in lawful status during that time i filed my case my question is Can I apply for Eb3 employment base green card my boss is willing to sponsor me
Your employer can apply for an EB3 petition for you, but the question is, can you actually get the GC without leaving the US, and if not, is it legally possible for you to leave the US, get the GC, and return? These are very fact specific questions that depend on your specific case, and so you need a lawyer to explain step-by-step how you will get from where you are today to your GC. Take care, Jason
Hello Jason,I am on pending asylum.My Ead will expire on this coming august.The question is should I renew my Ead 180 days or 150 days before my Ead expire?
Thank you and thanks for all your helps.
You are allowed to file the renewal up to 180 days before the old card expires. Do not file too early, or it could be rejected. Take care, Jason
Hi Jason….positive vibes for you
I have a question, I had a consultation meeting with 1 of the reputated Lawyer. I applied for asylum in Jan 2015 in Seattle (sub office of California). I wanna move my case to California (main office) and wanna update my declaration( as same people( who threatened me in back country) killed my brothers too in past year. Lawyer said if I update my declaration, my case will automatically come in LIFO and file come in first row and I will get my interview might be in 1-6 months. I need your suggestion on that because I need to pay him big amount of money to take my case.
Thanks
I do not know the CA asylum offices very well, and so maybe I am wrong, but I have never heard of such a thing before (that your case would fall under LIFO simply because you submit more evidence or updates), and this makes me suspicious. I think before you pay this lawyer, find another reputable lawyer in CA who can confirm what this lawyer says. If a lawyer is making promises to get your money, you have to be very careful. On the other hand, maybe the lawyer is correct, but it would not hurt to double check. Take care, Jason
His Jason. Me and my friend have a pending asylum case from 2016. We decided to follow the crowd and try to seek asylum in Canada but it was rejected and we were sent back to the USA. I thought we would not be allowed back in and get deported by the immigration officers let us back in. However, I still have fears that my application might be affected by this act. Is my fear a valid one or not?
Thanks
I think you are lucky to get back in without being detained, but otherwise, I doubt trying to go to Canada will have any negative effect. It is possible the US government will know about the Canada attempt, so keep that in mind. Take care, Jason
Hi Jason,
I need your advise please. I win Asylum in june 2018 through IJ from NY. My EAD will expire in June 2019. My question is regarding Green Card. When should i suppose to file application for my green card?
Thank,
ALISA
You should get a new EAD when you win asylum. If not, Google “post order instructions for immigration court” and follow the instructions. You will get a new EAD. You can apply for the GC on or after your one-year anniversary of winning asylum. I recommend you do not apply early, as we saw a case rejected once for that. Take care, Jason
Hi Jason,
Thanks for all the support you give us. My EAD was sent back to USCIS because it did not have an apartment number which I had updated a month ago. I called the service center who informed me that l will receive the card in 1to 3 months after they receive it from USPS, by this time my current EAD will have expired. Is there anything l can do to enable me to continue working or is there a document I can give my employer to prove that l am authorized to work. I never received the approval notice or any mail from USCIS. Thanks
Assuming you have a pending asylum case, your EAD receipt automatically extends the old EAD by 6 months. I did a post about that on January 25, 2017, and the bottom are some links to USCIS websites indicating that there is an automatic extension. Take care, Jason
Hi Jason,
I have an updated document of my son’s birth certificate regarding a correction in his birth year. I am wondering if the asylum officer will accept this document from me if I give him/her during the interview? I have also two additional documents of evidences and would like to present at the interview.
Is it better if I send those documents to the asylum office a week before my interview session? Thank you.
Different asylum offices have different rules about submitting documents. In my local office (Virginia), you have to submit documents a week in advance. However, usually if it is just a couple documents, they will accept it at the interview. I recommend you file your documents a week in advance and also bring a copy of them to the interview. If the officer has them already, great. If not, you can say that you sent them in before, and you have brought a copy for him on that day. If you mail them, send them by certified mail, so you have proof of delivery. Take care, Jason
Hello Mortaza
if you don’t mind can you please share with us your timeline when and which office did you applied?
Thanks
Dear Jason,
Hope you are well and I really appreciate you taking time to help people who are in need by advising them.
I have a quick question. I was a f1 student from india and after 3 semesters because of some issues with the university i had to cross mexico border (Laredo) to reinstate my f1 status with new university admission.
I could not continue in new university because i couldn’t afford and i also could not go back to my country because i have threat to my life because of caste and religion. I am married here to my wife who is from different religion and different caste but we both are from india and she is here legally and maintaining her status.
I applied for asylum on this grounds in october 2017 and also applied for EAD received it in may 2018.
Now, I have few questions if you don’t mind.
1. How long do you guess my interview waiting time will be in your experience for people who applied in oct 2017 and lives in Alexandria, VA.
2. I read some news article today saying USCIS is sending back people who crossed southern border back to mexico while awaiting their interview/ case. Does this apply to me?? If yes i am not mexican but indian crossed mexico/us border legally on student visa.
Can you please help me to understand please.
1 – Arlington is following LIFO and when they have extra time, they interview old cases from late 2014 or early 2015, so I doubt you will have an interview any time soon. You can try to expedite – I wrote about that on March 30, 2017. 2 – It does not apply to you, since you are already in the US and not applying for asylum at the border. Take care, Jason
Thank you very much.
Hi there….. How congressman help people to expedite there interviews.
Thanks
There is a link at right to the House of Representatives and to the Senate. You can find your local Congress people. If you contact their office, someone there will probably be tasked with helping people who have USCIS cases. Maybe that person can write a letter requesting an expedited interview. Sometimes, this works; other times, it does not, but you can try. I also wrote about expediting on March 30, 2017. Take care, Jason
Hi, I have a question for you. I finished my interview in Denver office on January 4th and, my case was expedited and I have to travel back to Europe for my therapy, so is there any way that I can expedite answer or to apply for advance parole since Im not sure for what I can apply now while waiting for a decision. Also I contact congressman office, since they help me to expedite my case, so im also waiting for them. Or i should go to Houston Asylum office and ask them in person, since I can not get any information in Denver.
Thank you in advance.
You can go in person to the main office or contact them by email and ask that they expedite the decision – include some evidence about why you need to expedite (letter from the doctor, for example). Unfortunately, it is very difficult to expedite a decision, since it involves other agencies besides the asylum office. Of course, you can try. You can also try to expedite the AP using the same evidence – I wrote about that on September 11, 2017. Since I wrote that article, the procedures are the same, but in my experience at least, it has been more difficult to get AP. Nevertheless, if you have a good reason, you may be able to get it, and that is probably easier than getting an expedited decision. Anyway, try both and hopefully, you will have some good luck. Take care, Jason
Hi Jason ,
Thanks for your valuable service for blog,
I am Asylee and my case still pending, now My EAD expiry in April 2nd week, how can I renew and how much fees to renew and what are doc (check list ) to submit renewal,
Kindly guide ASAP
You should file to renew now. Use form I-765 available at http://www.uscis.gov. The instructions to the form explain what documents are needed, and the fee is currently $410 to “Department of Homeland Security”. Take care, Jason
Thanks for your valuable payment, can I pay $410 by cheq or credit or debit card,
Kindly advise, thanks
Probably, but I have never done that. You would have to check the I-765 page at http://www.uscis.gov. Take care, Jason
Hi Jason,
Thanks for your efforts, we applied in February 2015 Arlington office do you have any idea about how much time more we need to wait for getting the interview. Anyone who applied in 2015 get their interview done?
Thanks
If Arlington has extra time after they interview new cases (under LIFO), they are interviewing oldest cases. As far as I can tell, they are interviewing cases from late 2014 or early 2015, so you may get an interview soon. Make sure you are ready, just in case. That said, for the most part, it seems they are only interviewing new cases and not old cases, as they receive too many new cases to interview them all, so nothing is certain. If you need to expedite, you can try that – I wrote about it on March 30, 2017. Take care, Jason
Jason,
So everybody that is applying these days are being called ? How long are they waiting ?
Thanks,
It varies by office, but many people are not being interviewed – if you do not get an interview in the 2 or 3 months after you filed for asylum, your case is probably in the backlog, and then it is impossible to predict how long the wait might be. Take care, Jason
Thanks Jason, How is it for Arlington office? Are they calling right away for interviews new applicants ? Please let me know. Thanks,
They are probably interviewing less than half the cases based on LIFO. The remainder call into the backlog. Take care, Jason
Hi Jason,
I have my individual hearing on April 2021 but I want it to expedite my hearing.
1) Do you think it is the right time for expedite hearing? ( I checked the record and it shows more than 70% denial cases in 2018.)
2) Do you have any law office in Oakland CA?
Thanks
1 – I think now is a bad time to expedite. The shutdown just ended, and the courts are a mess. Give them a month or two (assuming there is no more shutdowns), and then try. I wrote about expediting on April 20, 2017. 2 – I do not. Take care, Jason
Hi Jason
I realized that I if you have a pending asylum case for decision, you can email the asylum office inquiring about the status of the case right. I tried emailing the asylum office and I got a response from them saying that they cannot update me on my case status via email? It has to be through fax or mail only, does that sound like right to you? Thanks
Different offices have different policies. It may be easier to go in person, but check their website for office hours. Usually, they do not give you much information even if you go in person, and sometimes (at least in my experience), they do respond to emails. If you can’t go, you can send a letter or fax, or try emailing again – maybe you will get lucky. Take care, Jason
Jason,
I have applied for the for asylum on July 2015th, had the interview on 13 Dec 2017 and still waiting for the decision. Do you know what can be the reason that I am waiting so long. Also, when I try to check my status online at USCIS website it says the number is error. Should I go to to check the status at office where I had the interview.
Thank you for the help.
Hi ….
In which office did u applied.
The most common reason is the security background check, but there can be many reasons. I wrote something about that on October 21, 2014. Make sure you are checking your receipt number (that starts with Z), not the Alien number. But if you are getting no information, you can certainly inquire with the asylum office. Take care, Jason
Hi Jason, first of all thank you for your help to others answering all those questions. It is very helpful to all of us.
I have question as well if you don’t mind. I entered US via Miami with C1 visa with the intention to work on the Cruise lines ship for second time. I finished my first term 2 month prior to that in 2002. Second time i came,
I simple didn’t board the vessel and stayed in US until now. At the moment i am filling up the application
( Cancelation of removal) with the goal of winning 10 years green card. My case is based on my two daughters (US citizens health issues)
do you think i have any chance of convincing the judge to overrule the C1 Entry ??
Thanks for your opinion David S.
Sorry, I generally can only answer questions here related to asylum. However, you can only do a Cancellation case if you are already in court. If that is the situation, you need to hire a lawyer. Such cases are difficult and a lawyer can help. If your children have health issues, this may satisfy some of the criteria for Cancellation, but whether you are eligible overall, I do not know – you would need to talk to a lawyer. Good luck, Jason
Hi Jason,
My interview has been scheduled next month. I have two kids who were born here when my application was pending, and my third kid born at home country and her name is included in the I-589 form. Is it required to take all my three kids to the interview? Thank you.
Anyone who is a dependent on the case needs to attend the interview. US citizen children do not need to attend. Take care, Jason
Hi. Please let me know when you applied for asylum ?
Thanks,
Hi Murtaza
If you don’t mind can you please share your timeline in which office and when you applied? Did you expedite? Thanks in advance
Hi Jasson!
Just sent you email we had chat last week on 13 January 2019 I will wait your email .
Thanks !
(Haq)
Hi Jason,
My case is little complicated, I would really appreciate your suggestion.y
My asylum was denied and I was returned back to TPS in 2016. Tps for my country is expiring soon. My wife is an asylum applicant and she is waiting for her interview in San Francisco office.We recently got married. Now my question is, Can I add myself as a dependent in her asylum application? As I was previously denied asylum, does this affect my wife’s asylum application, and will there be any complication on my side. If I can, are there anything that i need to be aware of before I do so?
Thank you.
If you are legally married, you could add yourself as a dependent. Whether that would affect her case might depend on why your case was denied. If you do not get added as a dependent, but you are legally married, then if her case is granted, she can file an I-730 for you to get your asylum. Normally, you can do this without leaving the US and it takes maybe 5 or 10 months. If you are her dependent, and she wins, you get asylum at the same time as she does. Take care, Jason
Thanks jason,you are doing the great job by helping all needy people regarding assylum, myself manjyot i applied assylum case on oct 2017 and got my EAD in 2018. i just want to know i didn’t got any interview hearing from uscic,i applied my case in anahiem CA…can i know how much time it will take for my immigration interview …thanks jason god bless you
I applied for asylum in oct 2014 at Anaheim office and got interview in January 2018. It’s a pretty long wait
There is no time frame – they are trying to interview new cases first, and your case was not interviewed. This means that you are in the backlog. I do not know how long that will take in CA. If you have a reason, you can ask to expedite – I wrote about that on March 30, 2017. Take care, Jason