Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Murray Osorio, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
Jason@MurrayOsorio.com
(202) 328-1353
Hi Jason
I live in San Francisco California and according to your suggestion I searched online and found the address:
USCIS
P.O. Box 21281
Phoenix, AZ 85036,
to mail for filing my I-485 form. Is this the right address where I should send my papers?
Also, for a filing fee for form I-485, can we send the cashier cheque to USCIS? In what form should we pay the filing fee ?
If the instructions give that address, it should be correct. As for the fee, you can pay by cashier’s check, but if you can pay with a personal check, that is better – if the case gets lost, you can get a copy of the personal check from your bank, and USCIS will stamp your receipt number on the back of that. It is rare that things get lost, but still, I think personal check is best. On the other hand, we have had people pay by money order and it has always been fine. Take care, Jason
Hello Jason,
Thank you so much for everything you do!
My wife and I were both granted asylum same day.
It’s been a year, we weren’t leaving US and we are applying for LPR now.
She is principal applicant, I’m derivative.
We both have everything ready.
First question: Do we mail it together, all in one envelope, or separate?
Second question: Do we need to submit copy of everything? When we first applied for asylum I remember our application was returned because they needed copy of everything in envelope, so basically submitting everything twice, is that case again? Or we shouldn’t do that?
Thank you so much!!!!!’
1 – Either way is fine, but if you mail it together, include a cover letter explaining there are two separate applications and then make sure you have two complete applications, as USCIS may separate the packets and process them separately – each application must be complete. 2 – You just need the documents for the GC, which should be in the I-485 instructions. You do not need to resubmit all the asylum documents. The documents you need vary by case, but typically we submit the asylum approval, copy of the passport and birth certificate, copy of any divorce degree, 2 passport photos, medical exam (which you can submit later), and the fee. Other documents may be required, depending on the case. Also, you know when you pay for the GC, you can also submit an I-131 for no additional cost to get a Refugee Travel Document, if you want that. Take care, Jason
Hi. I am pending asylum applicant since 2016. I wanna see my parents here. Or at the 3rd country. As you said hard to get AP. So how can get them here. If they apply for tourist Visa probably embassy will decline. Because there is no good enough document for them. Someone told me you may go congressman and they may give you a letter to help get b2 visa. So they can come and see them for a while. Could you please tell me, is it possible? Or do you have any idea how can I meet with my parents. Thanks.
Usually, parents are less affected by their child’s asylum case than if your spouse or your own children are applying, so maybe they have a chance to get the visa. Whether a congress person can help with that or not, I do not know, but you can try. I do think it is possible to get AP. I wrote about that on September 11, 2017. It has gotten more difficult since then, but it is still possible. Take care, Jason
Hello Jason,
I still do not have work authorization and I volunteer to help a community organization. It is completely voluntary and I never got paid for it. Recently, I had to pay for some travel that is related to an event where I was helping and the organization want reimburse me. So they asked me to give them the receipts and they are going to write me a check for reimbursement. Is this okay?
I do not see why this would be a problem from an immigration perspective. I doubt it would be a problem from a tax perspective either, but I do not know – if you are worried about that, talk to an accountant. Take care, Jason
Greetings Jason,
I have a question about the Green card petition through asylum. If the Green card is approved then will they back date to one year from GC approval date or will they apply Asylum Approval date?
They back date it one year from the date the GC is approved. Take care, Jason
Hi Jason,
Thank you for your efforts. I am wondering whether it is possible to expedite the decision due a health problem. It’s been more than two months from my interview. I am considering to do so.
Best,
You can try that – contact the asylum office and give them some evidence about the health issue (a doctor’s note) and also explain why expediting would help your health. It may not work, but there is no hard in trying. Take care, Jason
Hi Jason,
I just want to know about writ of mandamus lawsuit because my asylum interview decision is pending for 1 year now. Will I be able to apply mandamus lawsuit?
Thank You.
You can try that – we wrote about it on October 2, 2018 – maybe that post would help. Take care, Jason
Hi Mr. Jason, thank you once again, I am an asylum seeker with a case still in progress, I asked you some advice to file for my EAD after 150 days of asylum and I received acknowledgment of receipt, a month later thanks to the reception number I checked my case and since yesterday it says “your new card is being produced” I would like to know how long will it take for me to receive it? Thank you
It may take a couple weeks, but it should not be long. Take care, Jason
Hi Jason,
I applied for asylum on Feb 2018 and my asylum interview decision is pending for 1 year. Can I get the help of congressman? Please reply
Thank You
You can, or you can just contact the asylum office yourself and ask. I don’t think one is more effective than the other (or you can do both). You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Jason,
I’m considering the case withdrawal. How long in advance do I need to submit the form before leaving the country? When does the work permit expire once the withdrawal is submitted? Thank you!
You can submit the withdrawal at any time, but it may make sense to do that after you leave – then you can submit evidence that you left. Otherwise, if you have no other status, the asylum office might send your case to an immigration judge. As for the timing, it is not so predictable. I’ve had asylum offices respond in literally a few minutes; other times, they don’t respond after weeks and we try again. Once the case is withdrawn, the EAD is technically invalidated, though obviously the card will still be in your possession. Take care, Jason
Hi Jason! I appreciate all what you doing to help asylum seekers! After long waiting I was interviewed one year ago, and for some reason they reffered my case to court, then I had a master hearing and they gave me IH date and I have to wait 3 more years for that. I have a family in home country in a danger. Of course it doesnt make sence and it is out of humanity to make my family, my children still separated from me just for “busyness” of Immigration courts. There is no justice, so I decided to leave the country and try to unificate with my little sweet kids and find another safe place, where they respect the people which fought for fairness and faced with government persecution, not just makes money from hopeless. I wish all the best to the community and seekers stronger than me. I gave up. Last question, should I inform about leaving immigration and court sistem or the doors are open to leave?
Before you go, if you want, you can try to expedite your case in court – I wrote about that on April 20, 2018. If you can write to the court and ask for “voluntary departure” (assuming you are eligible), it would allow you to leave the US without a deport order, which would make it easier to come back some day. It is easier to have a lawyer help with this. If you do not do that, when your hearing eventually arrives, you won’t be there and the judge will order you deported, which (I think) bars you from returning to the US for 10 years (though there are exceptions and waivers for this). Whatever you decide, I wish you good luck, and I am sorry that the asylum system has failed you. Take care, Jason
Dear,
Good Morning!
My questions is USCIS will open a Field Office at the U.S. Embassy in different countries and waiting some procedure for processing I-730 from Washington for asylee family interview this make family reunification delay, what is the reason of stop interview?.
We are seeing delays for some I-730s, but I do not think that is related to USCIS’s decision to close some overseas office. I think it is just part of a larger trend to slow down immigration and discourage people from coming to the US. Such cases should still be moving, and you can look on the embassy website, find the consular email, and contact them about any delay. It usually doesn’t help much, but you can try. Take care, Jason
Hello Jason, I filed my application in December last year and my interview took a place in January. Now I am waiting for my decision and I did not reach the 150 days rule to apply for work permit. But since I have time I want to apply for a state ID and driving license. The DMV told me that I should have a social security number in order to do that. How do I get social security number and is there anyway to apply for state ID and driving license without waiting till I pass the150 days after filing. I’m based in California. Thank you
Different states have different rules, and I do not know about CA. However, in most cases, people need the work permit in order to get a driver’s license. When you get the work permit, you also get an SSN. Maybe there are other ways to get an SSN – contact the Social Security office to ask about that or check their website. Also, check the California DMV website, as maybe they can issue a license without the work permit. Take care, Jason
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Just wanted to share that my renewed EAD was issued today after waiting 110 days.
Thanks!
Great! Which center was processing your renewal EAD? Please let me know.
Thanks,
Hi Jason,
I have an asylum case pending for decision. Now i am about to change address can i put an PO Box adress just to be sure?
You can use a PO Box for a mailing address – just make sure you check it regularly so you know if something arrives (you can also check the online system as well). Take care, Jason
Thanks so much for your help
Hi Mr Jason
After i finished all steps of travel document and submit all docs needed the last step befor ii receiving my travel document thy denide my application and thy send me notice saying that i leave the country last years (my travel doc based on asylum) the thing wish not correct. I never leave the country since i come to america …whats wrrong with uscis and how i proof that i never has been out of country since i coming …my respect
You can reply to that letter (and maybe also call USCIS – the number can be found at http://www.uscis.gov) and tell them that you never left the US. If you are using Advance Parole, you would also need to use your passport, so you can make a copy of the entire passport, to show that there are no exits or entries. Also, you can Google “CBP I-94 locator”, which will get you your latest entry into the US and your travel history and submit that to USCIS. It is very annoying that they would make such a mistake. Hopefully, you can fix it. Take care, Jason
Greeting,
Is marriage based interview with court different from with USCIS officer???In which way
Thanks
The Immigration Judge does not have the power to approve an I-130 petition – only USCIS can do that. Once it is approved, the judge can grant the GC or terminate the case so you can get the GC with USCIS. Take care, Jason
Hi Jason, I have a pending political case for 3 years and the ruling party in my country has been removed now, is my case still going to be valid? Thanks
It depends on the case – if you were persecuted in the past, you might have an argument that you cannot return even though the government has changed (there is something called “humanitarian asylum” that could apply). Also, it depends on the change – maybe there is a new ruling party, but they are still hostile to your political opinions. I would say that a change of ruling parties is not necessarily fatal to your case, but certainly, you will need to explain why you are still in danger if you return home. Take care, Jason
Hi Jason,
Thank you very much for your help to asylum seekers.If I am going to leave the United States, my case is already in the immigration court. Can I plead guilty at any time and be voluntarily deported? Thank you very much.
You could ask for voluntary departure in writing (and include evidence of eligibility), rather than wait for the next hearing. Assuming you are eligible for it, the judge can issue an order granting VD and then you can leave. It is not always easy to do this, and some judges may not agree, but you certainly can try. How long it will take the judge to issue an order, I do not know, as it depends on the judge. Take care, Jason
Hi Jason,
Thank you very much for your help to asylum seekers. Me and my wife filed an asylum case in 2014 and our first interview was on March 2017. After almost 11 months, February 2018 we called for second interview and the officer told that decision will be ready in 2-3 months!
But till now we didn’t receive any decision. When we ask at the decision they just reply “pending”.
What is the problem and what’s your suggestion after 5 years filing and 2 years interview?
I did a post about delay after the interview on October 21, 2014, and I list some reasons for delay. The main reason is the security background check. Delays tend to be worse for men from Muslim countries, but others can face long delays. You can email the Asylum Office to inquire – you can find their contact info if you follow the link at right called Asylum Office Locator. If all else fails, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Hi Jason,
I am posting this on behalf of my friend. He came through border 5-6 months ago from San Diego side and applied for I-589 in custody. Now he changed his address from San Diego to San Francisco and his clock stopped at 123days. My question is …Would he be able to apply for EAD 150days or not OR do he need to wait for another 150days.
Thanks
Joy
If the clock has stopped, he is not eligible for a work permit. The clock must reach 180 day to be eligible (you are allowed to file early – after 150 days, but unless the clock continues to 180 days, he is not eligible for the work permit). Once he goes to the first court hearing in San Francisco, and assuming he does not cause any delay at that time, the clock should re-start. At that hearing, he should mention this to the judge, as they sometimes do not remember to re-start the clock. Take care, Jason
Hi Jason !! I recently moved from NY to NJ and i changed my address today on USCIS website with form I589 pending asylum and I785 for work authorization by submitting form AR-11. Do I still need to contact Asylum office to notify them about the address change and how do i know my if my asylum office is changed aswell. Thank you!!
We do not, and it seems to work, but if you are unsure, you can. Take care, Jason
Thanks for help sir much appreciated!!!
hi jason…
my question is can i marry a us citizen if i am on pending assylum decision and if yes what is the process i have to do. i need to cancel my assylum application to get married here ,will assylum case will affect my married status to get GC…thanks
You can do that, and if you are eligible, you can get your green card and close your asylum case. I wrote about this on August 8, 2018. Take care, Jason
hi jason…
my question is can i marry a us citizen if i am on pending assylum decision and if yes what is the process i have to do. i need to cancel my assylum application to get married here ,will assylum case will affect my married status to get GC…thanks
Dear jason
I Applied to GC base on grant Asylum 09/2017 and i use to track the recipt # through USCIS Tracker App, a few days ago it show that they are working on 06/2017 and waiting between 10 month to 14.5 month then i check it today it show that they are working in 06/2016 one year back and waiting brtween 14 month & 38 month ( Texas service center) whats going on sir ?
The system is a mess, and the wait times are not always very accurate. If the case is filed, it will get processed, but it is difficult to know when. Our asylum to green card cases have been taking probably about 12 to 14 months, for what that is worth. Take care, Jason
Hello Jason,
Can you please explain this to us please?
https://www.miamiherald.com/news/local/immigration/article228739919.html
Sorry, I really cannot review articles that people send me. But looking at the preview, it just seems to discuss changes made during the Trump Administration to make the immigration process more difficult. There are many such changes, but whether they affect a particular case depends on the facts of that specific case. Take care, Jason
Hello my name is Tsion, Me and my family came to America 2 years ago when I was 18 now I am 20 . we applied for an asylum as a family and we are waiting for an interview. mean while I got married to an American citizen few months ago , Is my status with my family not valid anymore since I got married or its still valid ?
You can check the I-589 instructions to be sure, but I believe you cannot be a derivative on your parent’s case if you are married. In any event, it may not matter since you are married to a US citizen and that person can now file for you to get your green card. I wrote about that on August 8, 2018. Take care, Jason
Hello Jason
Hope you are doing good we applied in Arlington office in Feb 2015 any hope for getting interview any time soon? will it work to contact with Congress man for getting interview?
Thank you so much for your efforts and your help.
Arlington is following LIFO, and when they have extra time, they interview old cases – from late 2014 or early 2015. They are not interviewing many old cases, but since your case is from early 2015, it is possible you will get an interview soon. So make sure you are ready and all evidence if ready. You can contact Congress and many they can ask to expedite, or you can ask to expedite yourself – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
I’m so sad right now, i applied for asylum since 2015, i had an interview on september 2018, and waited for little bit over a year before receiving a decision saying that i was reffered to a judge in Chicago. My case was in New york, and couple months after my interview in New jersey, i had to move from NY to Indiana. So my Master calendar was last February, i went there with my lawyer. (I didn’t have a lawyer when i did my interview, one of my biggest mistake was to think that my case is a 100% true story, i was so confident because i believed that my case was strong enough. Inded i have a good case, but unfortunatly didn’t have the knowledge of how i should of presented my case, and all the evidence that i should of bring to the officer, and i assumed they were going to do there own research and eventually will find out that i’m just telling the truth.) So my lawyer even told me that he was surprised i didn’t get it. Anyway,
My personnal hearing is schedule until November 2022, that is crazy, that means that i’m gonna have to deal with all this uncertainty again for another 3 and half year. It’s too much for me, i’m jst so desoriented right now.
Sometimes i jst want to give up, and try to see if i could go somewhere else where i could live my life without all this uncertainty, and always thinking about getting kicked out of the country. It’s always the honest people like me that don’t get this kind of things, i know someone that did a fraudulent asylum and he got it at his first interview. My case is a 100% true story, i was even at a refugee camp next to my country living in a deporable condition. With all that, they still refered it to a judge. Jason is there anything i could do to speed up my case? I want to get over it, i’m just tired fighting that, and specially now that i will have to pay all this money to my lawyer.
What if i change again my adress, will that help getting a closer date for my trial?
I also have another question, my fiance applied for an asylum also, she is still waiting for her interview date, we are thinking of getting married, if i marry her now before the interview, and she got approve, how long will it take her to be able to sponsor me or petition. What if we gets married only after her interview? After the interview will be better for me, because i don’t want her to thing that i’m speeding up our marriage just to be able to get the GC.
Hi Ibrahim,
Lots of people who applied in 2015 never got interviewed. Did you expedite to have your interview? When did you apply and when did you get called for an interview? Please let me know.
Thanks,
I applied March 2015, i didn’t expedite it, but i went there on one friday (In New jersey you can walk in on a friday without appointment, and i did an inquire, just asked them why my case is taking too long) they said because there is a lot of people on line, but when i did that, just 2months later they sent me an appointment.
First, if you have a good case, you should have a good chance to win, as long as you gather the evidence and present the story well. Second, you can try to speed up the case, but you should not do that until you have all the evidence and are ready to go – I wrote about expediting court cases on April 20, 2017. Third, if you marry the fiance before her decision, and if she wins, she can file for you and you will basically get asylum based on her (it would probably be better to be married before the interview, as you could then submit evidence of the marriage before the interview; however, if you were found “not credible” at your own interview, that might be a factor if you become a dependent on her case – ask your lawyer about that). If she gets asylum and files for you, it will probably take a year or so, since you will need to close the court case, but you will receive it. If you marry her after her she is granted asylum, she cannot file for you until she has a GC, and even then, you would probably need to leave the US to get your own GC, which may or may not be possible, depending on the case. Good luck, Jason
Hi Jason, I got approval for asylum July 2018. I’m going to get married from American citizen, how should I apply for the green card through marriage or asylum? Do I need to do adjustment of status? How can I do this?
Thank you so much
You can do either way. The advantage of going through asylum is that you do not have to pay for the I-130 petition ($535) or the I-751 (I forget the fee), and it may be faster. Also, the GC will be back-dated one year. After that, you have to wait 4 more years to apply for citizenship. The advantage of applying based on the marriage is that once you get the GC, you can apply for US citizenship 3 years after receiving the GC, assuming you are still married. Overall, it probably does not make much difference, but the asylum to GC to US citizen is probably a bit less expensive, though possible the marriage route will get you to US citizenship a bit faster. Take care, Jason
Hi Jasson !
I have question please I am in removal proceedings and filed asylum last month my individual hearing on December 2020 in front of immigration Judge I have almost 2 years can I apply EOD after 180 days Thanks !
Assuming the “asylum clock” is going, you can apply once it reaches 150 days. You can check the asylum clock if you call 800-898-7180 and enter you Alien number, and then push 2 (it is a computer, not a person). Also, don’t forget to do your fingerprints – you can get info about that if you Google “pre-hearing instructions in immigration court” or ask your lawyer about that. Take care, Jason
Hi Jason,
I have applied for asylum in Jan 2016 and unfortunately I am still waiting for an interview.
I live in NY and I am looking for jobs in other states. My question is: if I am moving to another state which state has best USCIS office from the point of the approval rate and possible getting interview faster?
I am welcome to move to any state.
Thx
I did a post about this on February 25, 2016 – maybe that would help. The information in the post is three years old, but I do not think the offices have changed all that much in terms of grant rate. Take care, Jason
Hi Jason we are on pending asylum application our interview has been done last year in April, 2018.
We are checking our application since many months on online uscis case status but today when I have checked it’s showing nothing. Can you please tell us what are the indications for that.
Regards
It sounds like people are having problems checking their cases online in the last day or two, so it probably has no meaning. You can inquire directly to the asylum office about the status of your case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
I just had this problem at the MVA in Maryland when I was trying to renew my Driver license that is about to expire. I took my old EAD that will expire in a month with the receipt of my I-765 application that automotically extend my EAD for 180 days. They took my documents and went to check in their office and they came back to me saying they checked in the DHS system with my receipt and it says that my application was rejected for wrong application fee. It is definitely a mistake because I sent the whole application with a $410 money order that they confirmed in the receipt they sent me. Myself when I check online, they are still working on my I-765. What do you think I should do, please help me.
Thanks,
My guess is that there is an error on the DHS webpage or at the MVA – does the receipt list the amount you paid? Even if it does not, they would not issue a receipt if you paid the correct amount. You might try returning and talking to a supervisor at the MVA. Maybe before that, call USCIS (you can find the phone number at http://www.uscis.gov) and tell them what happened and ask them to double check. Maybe there is some fix needed on their end. Take care, Jason
Jason,
Yes the receipt says:
Application/Petition Fee: $410
Biometrics Fee: $0.00
Total Amount Received: :$410
Total Balance due: $0.00.
And this is not my first time renewing a EAD. I know how to apply properly and I have never been rejected.
Thanks,
Jason,
I called USCIS, and they told me they do not see what MVA is seeing. For them everything is normal, the application is processing normally on their end and it has not been rejected. Then the lady told me to try to contact SAVE, but I could not then I talked to E-Verify who told me to just go back to MVA and tell them try to contact SAVE which can only talk to MVA and not me. So I will try to go back to MVA and tell them to double check and contact SAVE again because USCIS does not see any problem in my application. So what do you think ?
Thanks for your help Jason.
Bureaucrats love to send you to other bureaucrats, but in this case, my guess is that the problem is with the MVA. Maybe a supervisor can resolve the issue. Take care, Jason
So the fee is correct. I would try to talk to USCIS – maybe they can offer some help, but otherwise, I would try to talk to a supervisor at the MVA. Take care, Jason
Hi jason,
I am on asylum case. Now my baby is born can he travel to india with grandparents for a month.
Thanks,
If the baby is a US citizen, he can travel and return, but I do not know about the requirements for him to travel with grandparents. Maybe the airline can provide advice about that. Take care, Jason
If you get tired of waiting for an interview and decided to settle in a third country where there’s an opportunity, how easy is it to come back to the US again through a visitor or immigrant visa?
It depends on the country and your circumstances. However, you definitely want to withdraw the asylum case if you leave (contact the local asylum office about how to do that). If you do not withdraw the case, you will eventually end up with a deportation order, which will make it much more difficult to return here. Take care, Jason
Hello Jason, I’d like to have a phone consultation with you. I know you don’t charge for walk-in short consultations, but I live in NY. What’s the fee for an online/phone consultation?
Thanks and regards
I do charge ($100) for most in-person meetings, but not for asylum cases where the case is not yet filed. For phone consultations, I charge $200. If you would like to arrange that, you can email me at jdzubow@dzubowlaw.com. Take care, Jason
Jason,
thanks for your help. My current status is TPS and My asylum decision has been pending for one year with the Chicago office. I was interviewed under LIFO. I have made two inquiries so far but the answer is that my case is pending.
– Any news from Chicago office and how they are processing their decisions?
– I am a PhD holder in Engineering and this pending decision is preventing me from attending international conferences and research activities outside the US so I was thinking to try to expedite and provide evidence on that. Do they usually consider such requests in your opinion?
Thanks in advance
You can try to expedite the decision. Provide some evidence (a letter or two should be enough) and a brief explanation. It probably won’t help, but you never know. If you want, you might consider a mandamus lawsuit to force a decision. We wrote about that on October 2, 2018. Also, you might try to get Advance Parole, which would allow you to travel and return while the case is pending. I wrote about that on September 22, 2017. Since that time, it has become more difficult to get, but you can try and it is still possible to get it (also, it might be easier to get Advance Parole based on your TPS, and that might be worth looking in to). Take care, Jason
Hi Sunil ,
My self also applied in Dec 2016 @ Houston center . I have not received any lnfo .
I would like to speak with you whats your contact .
Could you please send vreddyusa@gmail.com
Thanks ,
Rajeev
Hi Jason, God bless you,
Any good news for March 2017 asylum fillers ?
Thanks
None from me, but you should probably specify which office, as different offices have very different schedules. Take care, Jason
My husband filled our case in Houston office. Thank you and regards
My husband filled our case in Houston office.
Thank you and regards
Waiting for your reply
Thanks and regards
Hi Sunil ,
My self also applied in Dec 2016 @ Houston center . I have not received any lnfo .
I would like to speak with you whats your contact .
Could you please send email vreddyusa@gmail.com
Hi Jason, please write us an article explaining what this exactly means!
https://www.nytimes.com/2019/03/24/opinion/a-grand-compromise-on-immigration.html
Hopefully it means that Congress can come up with a deal to resolve a number of issues with the immigration system. We have heard this song before, however, and so whether it will amount to anything in real life, we will have to wait and see. Take care, Jason
Hello,
I have pending asylum case for decison i have my EAD but my question is: can i travel to puerto Rico or Hawaii? Is there any issue?
Thank you
There should not be. However, you need to be careful about Puerto Rico, especially if you are on a cruise that stops at other ports (even if you do not leave the ship). If you are flying directly to PR, it should be ok, but I would still check with the airline to make sure that you do not need to go through customs on the trip. If you do, I would avoid that travel. Take care, Jason
Hi, I have a question. My asylum was referred to the court. Can I apply for travel document while I wait for a court date or after first hearing date?
I have had clients travel while in court using Advance Parole. However, they got lucky, and it is not advisable. If you have a court case and you travel, you will be considered to have deported yourself and you will likely not be allowed to re-enter, so I advise against trying that. Take care, Jason
I already applied for advance parole after my interview and I got decision that my case was on the court and then I got yesterday notification that my ap is denied. I do not know what is the reason for that.
Usually, the denial letter explains why it is denied. But people in court cannot safely travel and return. If they leave the US, they are considered deported and may be denied re-entry. Some people get away with that anyway, but it is a big risk. Take care, Jason
Is there any other way to apply for travel document while you in removing status, or just regular application for advance parole?
If you are in removal proceedings (before an Immigration Court), I do not know whether USCIS will issue an AP document, and even if they do, you may have trouble returning to the US. Technically, if you are in removal proceedings and you leave the US, you have deported yourself. I do know about people who left with AP and returned while in removal proceedings, but they were lucky, as there is a risk of not being able to return. Maybe if you also got permission from the DHS lawyer, you would be safer, but I do not know about that. I advise clients who are in removal proceedings that it is not safe to leave the US if they want to return here later. Take care, Jason
Hi Jason
I am a derivative asylee. I have all the necessary documents with me including i-94, a stamped passport from the DHS and SSN. My dad (principal applicant) has already filed for green card and his case is still pending on USCIS. I currently live in California. I am seeking information on what steps do I have to take for filing the green card for me and my mom (principal applicants spouse and son). Also, because of my financial conditions I cant afford a lawyer. So,
1> Can you tell me what I have to do to file for my Green Card?
2>Can you also tell me which is my service center in California, Zip code (94510)?
3>What will be the necessary documents that I will need to file for my green card?
4> How can I file my green card without a lawyer and what necessary things I should do ?
Thanks
1 – It is not hard – use form I-485, available at http://www.uscis.gov. Check the instructions, which explain what you need to do. 2 – The instructions indicate where to file. 3 – Besides the form, you need a copy of your passport, birth certificate, asylum approval, two passport photos, and the fee. Other documents may be required, so check the instructions (for example, if you were arrested in the US, you need evidence about that). 4 – You can file without a lawyer. If the filing fee is too much, you can look at form I-912, which allows you to waive the fee. Take care, Jason
Good afternoon
I have to travel to Chicago for a job interview. My EAD has expired, so has my DL, will they allow me to use the EAD receipt with the 6 month extension at the airport?
Thank you for all you do.
I recommend to renew it. Otherwise you may lose travel expenses and time
Maybe – you can also use your passport, if that is valid. I would bring evidence of the asylum case and the old EAD, plus the receipt. You might check with the airline in advance to be sure you won’t have trouble. Take care, Jason
Hi Jason, I moved from NY to New Jersey. How can i change my address? Could you please let me know? I am on a pending asylum. Thank you!!!
Submit form AR-11, available at http://www.uscis.gov. You can do that online. Take care, Jason
Thank you sir for your time
Hi Jason
My EAD expired on 24 February 2019, I applied for renewal and was extended by 6 months. However i did the application for extension 2 weeks before the expiration of the initial one. 1.Am i going to get an EAD card at all or I should use the receipt they sent as an extension?
2. How long does the card take to come (that is of at all they send)?
3. Do they add more time to the six months on the temporary/EAD receipt they have sent or it remains six months and i have to renew it after every 6 months?
1 – You use the receipt until you get the new card. 2 – It is hard to say. We see new EADs take anywhere from one month (rare) to seven months (also pretty rare). Maybe 4 or 5 months is normal. 3 – The new card should be valid for 2 years, but the receipt is only adding 6 months to your old card. You cannot really extend that. Take care, Jason
MY AGENT HELP ME TO APPLY ASYLUM .I ALREADY PAID HIM US 2500. RIGHT NOW I WANT HIM GIVE MY I589 FORM BUT HE REFUSE.I HAVE NO IDEA ANY content ABOUT MY I589 FORM. HOW CAN I GET MY I589 FORM COPY FORM USCIS？
It is ridiculous. They have to give it to you whenever you want. Otherwise you will be in trouble when you get your interview. By the way if agent is not a lawyer why you paid $2500. If lawyer how they can refuse ??
actually he is individual.he just helped me fill up I 589 form. total fee is 5000 dollar if i get the interview notice ，i have to pay him last 2500 dollar.i donot want to
pay the last 2500 dollar. he help us apply asylum ，many person were charged 6000 dollar .i found he used the business address as our physical and mailing address .
I would get away from this person – he sounds like a criminal. I also recommend you report him to the bar association. Maybe you can do that anonymously. At least that might help others. Take care, Jason
First, if he refuses to give you a form, he is probably doing something illegal. You can contact the state bar association to inquire about what to do – if he is a lawyer, you can make a complaint. If he is not a lawyer, the case should be investigated. If you just want a copy of your form and he will not give it to you, you can file a Freedom of Information Act request, form G-639, available at http://www.uscis.gov and get a copy of your entire file. This may take 4 or 6 months, but it is free. Take care, Jason
Hello Jason ,
I am still waiting for Interview in sf.
my spouse got job in SF based org but they sent her to Mi office. we still have address in SF.
We still don’t know how long she have to work in Mi office (or) they may send back to Sf office .(still in confusion ).
In this scenario Do we need move our case from sf to Mi ?
If i keep my case in sf while i am in MI , does it will cause problem (my spouse working different state) ?
As a primary applicant if i got the job in SF area (,( is it possible to continue my case in SF?
approval percentage of Sf vs chicago ?
Thanks for your Help .
* If i keep my case in sf while i am in MI , it will cause any problem at time of interview ?
if i am working in sf and my spouse working different state, is it possible to continue my case in SF?
I doubt this will cause problems, and it seems to me that you can explain why you kept your address is SF. It seems like MI is a temporary move and that you still have an address in SF. If you move permanently to MI, and change your license, pay taxes there, etc., then you would need to change your address, but as long as this is temporary, you should be fine. Make sure that you can get mail in SF, in case the asylum office sends you anything. Take care, Jason
Hi Mr. Jason,
I would like to ask you advice about the following situation,
I was wondering if I need to renew the EAD for my son( he is 4 years old and was not born in the US).
Is the EAD in our situation( as asylum pending) required for him as a proof of legal presence or his social security is enough?
His EAD has expired in Aug 2017. Also his passport is expired.
Thanks a lot sir
Most people get the initial EAD for children, but do not renew (unless he plans to get a job – I know I wish my kids would start supporting me). There is probably no need to him to have an EAD, but if you want it (for ID purposes), you certainly can renew. Take care, Jason
Hello everyone,
I am planning to travel with my RTD. Has anybody traveled with it? Please tell your experiences? If the destination country the third country won’t accept my RTD can I use my passport? Will I have problems afterwards?
The transit country is Germany and I think they accept RTD.
You have to check with the country you plan to visit. As long as the RTD is valid, you should have no problem returning to the US. Some of my clients have traveled with their passports and have not had problems, but it is best to avoid this if you can. And obviously, it is best not to visit the country where you fear persecution. Take care, Jason
Hi Jason, thanks for your support. I have an pending asylum i did my interview 6 months ago and i am still waiting. After my interview i get married and i cannot add my wife as a dependant now she doesn’t have any status, what can i do for her to get her and ID or something she can move around?
What’s your advice for me? Thank you
If the case is still pending and there is no decision, you can add her to your asylum case. If you email the local asylum office, they should be able to tell you how to add a dependent. You can find their contact info if you follow the link at right called asylum office locator. If you add her to the case (which can be bureaucratically challenging), then she can get a work permit on the same schedule as you, and if you are granted asylum, she will receive asylum as well. Since you were not married at the time of your interview, it is possible that adding her will result in a second interview (so they can talk to her), but I am not sure about that. Take care, Jason
Ok, i did the interview and at the time of the interview I was not married. But the decision is still pending. I got my EAD already. Do You think that i can still add her?
You can start the process – some offices are better about this than others, so it might be fast or slow. Also, sometimes, it takes many months to get a decisions. Since you don’t know when the decision will be, you might as well try to add her to the case. That way, if it is delayed, she will join the case and can apply for an EAD. Take care, Jason
Hi Jason, does changing my address delays the process ( i have pending asylum for 4 years now). And what would be the best way to maintain your address if you’ve been moving across the states due to working on different projects. Appreciate your response.
If you are staying in the same state, you will probably stay in the same asylum office. You can check by entering your old and new zip codes into the asylum office locator (a link is at right). If you move to a new office, it should not delay the process, but since there is no real queue, it is difficult to know for sure (and who knows? Maybe it will make the case faster). If you stay in the same office, it will have no effect on the wait time. Take care, Jason
Hi Jason my interview is delaying coming and I have already gone over 150 days to apply for the EAD … Should I attach two passport photos? because i was filmed during my fingerprint … help me please
When we apply for EADs, we always attach two passport-style photos. Take care, Jason
Hi Jason. I am asylum pending applicant. I applied for ead renewal. I put credit card payment form. Then I got notification from bank $410 transaction by ucsis yesterday. But I saw they refunded it back today. What is the problem?
I do not know. Without a receipt number, you cannot check case status on line. Did you submit the form and all other documents properly? With the proper Alien number? Did you file too early (the earliest you can file is 180 days before the old card expires)? Maybe wait a bit to see whether you receive any type of notification, but if not, you will have to file again. Take care, Jason
I applied to renew my EAD on 12/24/2018 and haven’t received it yet. I have only received the 797 notice that extends my expired EAD 180 days. Does it generally take that long? and what will happen if the 180 days have lapsed and I don’t receive the new one. Note that I haven’t been interviewed yet. Thanks
It can take 6 or 7 months, though these days, it is usually shorter – maybe 4 or 5 months. Remember that the 180 days does not count from now; it counts from the date your old card expires. But if that time period passes, and the EAD is based on asylum pending, then you are not authorized to work. If you are getting close, you may want to call USCIS and ask to expedite (the phone number can be found at http://www.uscis.gov). However, since you only filed 2.5 months ago, I do not know that they would consider such a request. Hopefully, the card will just arrive. Take care, Jason
My application is referred to court ,due to failed the submission within o e year deadline so what gonna happen now
I did a post about this on March 7, 2018 – maybe that will help. Take care, Jason