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
Dear Fadi
Hope you are doing well..
Would you plz provide me with Syrian consulate in Canada? are they still working?
Hope to get your feedback
Thanks & Regards
Morhaf
https://syrian-consulate.ca/
Hi Jason,
Do you know how does Arlington, VA office call for interviews after filled asylum application? And how many days they make their interview decision ? What is you experience from your clients?
PS: Guys, anyone recently has filled application and called for interview please share it. I would like to know how long take to interview and get decision?
They are following LIFO, but less than half of new cases are being interviewed. For cases that are interviewed, decision times are unpredictable. It is rare that we get a decision in 2 weeks, but sometimes that happens (most of my cases are from the Middle East, which has slower background checks). Other times, we wait for months, and some cases take even longer. Most cases are resolved within a few months of the interview. Take care, Jason
Hi Jason, question: a friend of mine was on TPS in the US for over 10 years and in 2017 after the new administration came in he decided to leave to Canada and applied fir asylum and got rejected on basis he stayed long time on the US. Now he wants to come back from Canada and apply for the TPS again is that doable? Knowing the country is still in the TPS and situation not stable, if yes how he can enter the States? appreciate your response. Thanks
I do not do much with TPS, so I do not know about that – he should talk to a lawyer who does such cases, as maybe there is a way. As for returning, he needs a visa to return, and I do not know whether he can get one. I suppose he can show up at the border and ask for asylum, but in that case, he would likely be detained. Also, if Canada deports him, they may send him to the US, since he was last here and Canada denied his asylum because he was in the US (maybe based on the “Safe Third Party Agreement” between the two countries). In that case, he may also end up detained at the US border. I think he needs to consult with a Canadian and/or US lawyer to see how best to proceed from here. Take care, Jason
Hi jason,
Thanks for this page. I m asylee, in few months going to adjust my status. Some known person theft my asylum story. I have spoke this situation with my attorney, they are saying that explain everything n complaint at near police station, then submit that report in asylum office, So that it wont affect me in future. And they said if uscis think i m involved in fraud they terminate my status. How its happens, as i m victim in this case and with genuine reason.
Do you think is this good idea to do?
If yes, complaint effects my gc process? Or
Should i remain calm?
Thanks
Before you go to the authorities, maybe you want to have your lawyer send a letter to the person and tell them that they should immediately withdraw the story. You have to be careful how to proceed, as you could potentially get into trouble if you threaten the person, but I think you also need to take action. If the asylum office matches their case with your case, they could assume you committed fraud. By creating a written record (such as a letter to the person who took your story), you help protect yourself. Whether you should ultimately report this to the authorities and/or the asylum office, I do not know, but you can start with the person and go from there. Take care, Jason
Thanks for reply. They already got approved asylum with LIFO system. Some of my friends telling to me,( uscis dont reopen the cases and they dont have time to do all. If I complain myself, it looks i m only trying to get into troubles myself) i m in confusion to take next step. But i m really sick of thinking, it may effect for my case in the future.
I would talk to a lawyer – I do think there is a possibility of a problem, and it may be better to take some action to protect yourself. Take care, Jason
Please sir, share info after you spoke to attorney, do this help and save my family. We dnt have life at back home. We cant even imagine having life if we go back. God bless you and tour family. Thanks for reply
Sorry, I am not sure what you mean. Take care, Jason
Hi Jason and thanks for your help, quick question
I have a pending case in Chicago office, I tried about two weeks ago to expedite my decision, went in person and submitted the request with some other papers supporting my request, and didn’t hear nothing yet.? Is this normal? Are they suppose to contact me and let me know if they made a decision or not ? or if nothing they would just ignore my request without getting back to me….thanks again
Different offices behave differently, but normally, you get a response in a month or so. If not, you can email them to follow up, or go back in person to ask. You can find their contact into if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
Any update of Arlington court 2015 applications?
Thanks.
For court cases, you should have a date for the next hearing. For asylum office cases, there is really no news. Cases from 2015 will probably not be interviewed soon, given that Arlington cannot even interview all LIFO cases. If it does manage to interview all LIFO cases, it is interviewing oldest cases first, so maybe if that happens, a 2015 case would get interviewed. Otherwise, the only option is to expedite. I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
You guide me a lot in past and thank you so much for that.
I got Asylum through IJ in June 2018. I researched in the asylumist and many different websites that after granted asylum you will receive I94 right away. My case is different as i never receive my I94 till now.
I recently applied for work authorization card cuz my current will expire in June 8, 2019. My employer ask me to provide updated I94 or unexpired EAD so that that can put in EVerify. You know because of the delays in goverment cases, i dont think i will receive my EAD on time before the current will be expire. I tried to pull my I94 through DHS website but unable to retrieve latest information. I also put my information in self EVerify check. After putting my social security number in EVerify it says i am authorized to work.
I visited three times for infopass in NY. In my first 2 visits they told me that they did not receive my file from IJ. In my third visit they told me that i will receive my I94 through mail in 2 weeks but i am still waiting for that and its almost a month. I recently visit to infopass in Dallas,Tx Office. They said that they have to wait for the file in TX as i recently moved from NY.
Can you please guide me what to do in this case.
I appreciate your help.
Sincerely,
ALISA
The proper way is the Info Pass, but I have not heard about USCIS not having the file – they should not need that to issue the I-94. I would try again and bring with you the “post order instructions for immigration court” (Google that and you will find it). If the officer does not help you, ask for a supervisor. Other than that, you can point to the law, which states that a person with asylum is eligible to work, even without a work permit. You can also apply for your green card next month (after one year with asylum), and once you have that, the issue should be resolved. Really, though, aside from the Info Pass, I am not sure how to get an I-94. Hopefully, another appointment can resolve it, as that is the proper procedure and USCIS should just do its job. Good luck, Jason
Thank you so much Jason.
Dear Mr. Dzubow
I am permeant resident through Asylum granted in 2017. And I am originally from Syria.
I have been researching my travel options recently to go and see the family (not in Syria), and I have the following question
My family still lives in Syria so in order to see them we must meet in a different country. The problem is that by using the refugee Travel Document, its extremely hard to travel and see my family since the countries around Syria where my family can go (like Lebanon) do not recognize the travel document and will not let me in so I have only two options:
Option 1 is to meet my family in a country that is not in the middle east and accepts RTD for my self and allows the Syrians to visit (for my family), like Malaysia which will drive the cost up for me since I have to pay for my family and I cant afford it at the moment. (after planning for this, it will cost around $10,000 more than traveling to Lebanon)
Option 2 renew my expired Syrian passport so I will be able to travel to Lebanon to see my family where they can just drive from Damascus and meet me in Lebanon.
My question is do you think renewing my Syrian passport will/might prevent me from getting my American citizenship in the future? I am still planning to use the RTD for international travel in general. I am only planning to use my Syrian passport to go to Lebanon since that is my only option to see my family.
Few things to consider
• In order to renew my Syrian passport, I don’t need to go to Syrian embassy. I just need to mail the required documents to the Syrian consulate in Canada.
• In the past few years, the Syrian government has been renewing passports for everyone (even activists against the regime) who applied in order to get more money since they are charging $300 to $800 per passport so it’s a huge source of income for the government.
• My asylum case is mainly based on fear from the government and that why its not possible and dangerous to travel back to Syria
We have had clients renew their passports in this situation, and they have not had problems. There is no guarantee, but it sounds like you can explain why you need the passport, and I highly doubt renewing the passport would expose your case as a fraud or signal that you have no more fear of return to Syria. Again, there is no guarantee, but I think your plan to meet them in Lebanon probably fine. The worst that could happen is that USCIS tries to reopen your asylum case and terminate asylum. This is very unlikely, and I think you have a strong defense if they tried. If you have a green card, it is even safer, and if you wait until you are a US citizen, you should be fine. Take care, Jason
Dear Jason,
Thanks for your answer. I really appreciate it. I have a follow up question about this. Is there any resource or document that was issued by USCIS that talks about asylees/LPR thru asylum who renewed their national passport? and how USCIS look at this issue.
As far as you know, have you heard of any similar issues where this was brought during citizenship interview?
Best,
I know of no such document form USCIS. If you “re-avail” yourself of your country’s protection, it could affect your asylum status. I think in most cases, getting a passport would not be considered re-availing, and I have not heard anyone getting into trouble for that. On the other hand, if your asylum claim was that your government wants to harm you, and you renew your passport, USCIS may want to know why you did that, and why the government renewed the passport. Maybe it is a sign that your asylum case was false. Again, I have not heard of such an issue, but I have heard about asylum cases being reopened, and that happens for all sorts of reasons. I suppose this could be such a reason too (but again, I have not heard of such a case). Take care, Jason
Dear Jason,
Thank you so much for your help. I do have another follow up question about this issue.
For the Syrian case in general it might be different than other countries. The Syrian regime was so desperate for money so they need the money generated from the passports revenue. That’s way in 2015 there was a law issued by the Syrian president to issue passports for everyone who applies outside Syria (even people against the regime where able to get passports).
My question is:
In case this issue was opened during the naturalization interview, do you think the argument above (with appropriate documentation) could help? Since renewing the passport does not indicate anything (for the Syrian case)
All the best,
I have heard about this, and I do think it is well-known. However, I would certainly try to get some evidence about that (maybe a letter from an expert in Syria, or a Syrian consular officer, for example, or if these rules are written on a Syrian government website, print that and bring it). Take care, Jason
Dear Fadi
Hope you are doing well..
Would you plz provide me with Syrian consulate in Canada? are they still working?
Hope to get your feedback
Thanks & Regards
Morhaf
Hi jason. My asylum was approved on May of 2018 after I applied for political fear based asylum. I’m originally from Ethiopia. But as you’re probably aware, currently there has been some really good changes in the country, Thousands of journalist and political prisoners have been released from prison. Currently, there is not even a single political prisoner in the country. So my question is when I apply for LPR, would this affect my approval chances? It it likely that i’ll be called in for an interview? Thank you!
I think there is information indicating Ethiopia is not quite the paradise for political opponents that some reports suggest. And so I think that there is an argument that Ethiopian asylees and asylum seekers still have a fear of return. That said, I have heard about at least one asylum case where there was past persecution, but the government denied asylum due to improved country conditions. I also heard about a few cases where the person applied for a GC, but the case has been held up. The lawyer who has those cases does not know why, but he suspects it may be due to changed conditions, though we really do not know. In some cases, it may not matter if conditions change, but in other cases, the government could try to take asylum away if they think it is now safe. My instinct is to apply for the GC and hope for the best, but if you are concerned, talk to a lawyer before you do that about whether you could contest a claim from the government that it is now safe for you to return. Take care, Jason
Dear Jason,
I remember that you shared the statistics regarding asylum winning cases, but I cannot find it anymore. As far as I remember half of the filed cases are successful. Do you know what’s the percentage of succcessful applicants represented by a lawyer? Is it half as well?
Thank you!
I wrote something about asylum in court on December 19, 2018 and about the asylum office on February 7, 2018. Statistics at “TRAC Immigration” show that an attorney helps, and the increased likelihood of winning is statistically significant (though not as much as the raw data would suggest). That data is for courts. I think an attorney also helps at the asylum office level (assuming the attorney is making an effort on your behalf), but I do not know of any data about that. Take care, Jason
Hi Jason
I came to USA on feb 2018. Principal applicants asylum was approved when I was back in my home country and I am a derivative asylee. I’m here since 2018 and when shall I start the process to file for my Green Card ?
Hi Jason
One of my friend had his asylum approved on July 2017 and he came to USA on 2018 February. When can he apply for his green card ?
A derivative can apply for the GC one year after he arrives in the US based on the asylum derivative status (I-730). This assumes that all the requirements for a GC are met, but if they are, and if you arrived in February 2018, you can apply now for the green card. Take care, Jason
Hello everyone. Is there anyone who has received their I730 form approval or expedite request answer recently from Nebraska office. Please share your timelines.
Hello Jason. How are you ? I hope you are doing great. Thank you very much for having this platform.
I am on pending asylum since November 2016. I have two questions and believe that you would help on these.
1) I interviewed in March 2018 after getting expedite approval. However, still now I didn’t get any decision; it is pending. I requested the Ombudsman’s office for case assistance in August 2018. They emailed me quarterly explaining that there is backlog requests. What do you advice me on this?
2) My passport will expire in the coming August. As you know, though in rare cases, passport is requested here in US. I wish to have valid passport. Do you think that it would have negative impact on my case if I renew my passport at the embassy?
I appreciate your help.
Blanka
1 – The Ombudsman has become increasingly useless for this type of thing. I would contact the asylum office directly or go in person – you can find their contact info if you follow the link at right called Asylum Office Locator. Some offices require an Info Pass appointment – there is a link to that at right as well. If they do not help, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. 2 – I have not seen a passport renewal have a negative affect on an asylum case, but it could. Of course, if you fear harm form a terrorist group or other non-government actor, renewing the passport should be much less of a problem. But if you fear harm from your government, you may need to explain at the asylum interview why you renewed your passport and why your government was willing to renew it. Take care, Jason
Hi. I have asylum pending case. If I have a us citizen friend, can he send invitation letter to get my parents to US. What he needs to do? He just try to help me out to see my parents. If he can do it. Does he need to explain something about me or just he can do it individually?
I doubt that would help. They would have to apply for a visitor visa, and he can send them a letter to show to the US embassy. Of course, if he does not know them, that may seem strange. Anyway, if you think that would help, he can try, but they still need to apply for the visa as usual. Take care, Jason
Hi Jason,
I ‘m on Pending Asylum for last 4 years.My Father is a GC holder and he is becoming a citizen by end of this year.He already applied i-130 for me under the relevant category. My first question is can i get my GC when he becomes a citizen as asylum process takes long time. And the other question is , will my i-130 will automatically update with new processing time when he becomes citizen ? or he has to file again for me?
Thanks
Once he is a citizen, you will automatically be in the new category. However, most likely, you would need to leave the US to get your GC. This may or may not be possible – Talk to a lawyer about that. I also wrote a post about this issue on August 28, 2018. Take care, Jason
On the I9 form of the address section, can we provide the permanent address or a temporary address? In my scenario, I’ve a permanent address in state A and I got a job offer in state B (Temporary).
I don’t know a lot of I-9 forms, sorry. If you have a pending asylum case (or other case), it is probably better if your I-9 address is the same as on your other USCIS forms. Take care, Jason
I am waiting for the decision from last 7 months , now i have moved to new apartment,
1-How can i change my adress online?
2-Does it effect the decision?
1 – Use form AR-11, available at http://www.uscis.gov. 2 – It should not. Take care, Jason
Hi mr jason
Wired story happend to me
After im done with all process travel doc
Uscis send me notice thy say i leave country and i didnt return back wish never happend
I call them thy ask to appeal im confusing how it can happend this mistake and can it effect my form i485 for GC? Thanks
I am not sure, but I think that their records are not always correct. You may want to talk to a lawyer about this to review whatever USCIS sent you, just to be safe. But if you are here, and you are eligible, you should be able to apply for the I-485 after one year with asylum status. Take care, Jason
Hi everyone this my third EAD wchich I field in march and I haven’t received my work card yet and my id is expired today I went to dmv office with form 1-797c notic and the extented my id for fourth months and the told me this for one time if my work permit denied I can’t renew my id again guess what my first one came from Texas center second from Va,Arlington and this came from nebraska center this is story of my life
We are seeing EAD renewals take between 3 and 6 months, so hopefully, you will get the new card soon. Take care, Jason
I have same situation as my EAD card expired since Dec 2018 & still waiting the new EAD. Can you advise me how you present I-797c to dmv?
Hi Jason
My asylum was granted on May 2014 and I got my GC on 2017. Can I apply for citizenship on May 2019 as my asylum was granted on 2014?
You have to look at the date on your green card. You can apply 4 years and 9 months after that, assuming you are eligible (no criminal record, no breaks in presence, and you have been mostly inside the US during the last 5 years). Take care, Jason
Hi Jason, you have seen the new Presidential Memorandum:
https://www.whitehouse.gov/presidential-actions/presidential-memorandum-additional-measures-enhance-border-security-restore-integrity-immigration-system/
As an asylum seeker who is case has been pending for 140 days and as I’m going to apply for my first employment authorization within 10 days, what does this mean to me? normally there is no fees on an initial application for employment authorization but this Memorandum proposes fees for an initial application for employment authorization. I AM VERY CONFUSED. IF I APPLY AFTER 10 DAYS, SHOULD I FOLLOW THE NORMAL PROCEDURE?
The new memo is not yet implemented. You can apply for your EAD after 150 days passes (and assuming the clock is still running) and there is no fee. The memo is meant to cause changes in the future, but not yet. I will post an analysis of the memo tomorrow – if you are interested, you can check back. Take care, Jason
Hi Jason . I have pending asylum application Please give us some extra detail about that . If I go to 3rd country for consular processing to get green card, but some reason I couldn’t get it. When I return to us, what will happen.? Will I lose my affirmative asylum application.? If officers don’t let me get inside the US, I have to buy a ticket and go somewhere else or they will depart me to my home country. Or . Any possibility to go jail???
Unless you have some way to get back to the US, if you leave and apply for a visa overseas, and the visa is denied, you will not be able to return. One option is to get Advance Parole so you can come back if the consular processing fails. I wrote about AP on September 11, 2017. Take care, Jason
Hello Jason.
Thank you for the great work you’re doing to help asylum seekers.
I am a graduate student graduating in a week. I also applied for asylum based on political stance and my case is pending for 102 days now. I haven’t had an interview yet. I am having a dilemma at the moment as I’m thinking of applying for an OPT (it’s a regular 12-month only) or wait until mid June to have my clock reach 150 days and then apply for EAD. OPT these days takes 3-5 months plus I need to pay for it and have to find a job related to my major. What would be your advice? Should i go with OPT or wait until June to accrue 150 days? If I choose to apply for OPT will there be any conflict with my asylum?
thank you very much!
Fred
The main issue is whether you want to maintain status, so you have other options. For example, one path for people is F-1 to OPT to H1b to green card. If that is a possibility for you, it may make sense to go for OPT. If that is not a possibility, then there is not much sense in paying for the OPT EAD, which limits the type of work you can do. Take care, Jason
Jason, is the new plan working? Does the system really process new asylum cases within 6 months or less so applicants can’t get work authorization? From your experience based on your clients’ cases, do they really get granted or denied/deported in less than 6 months? If I apply now, would it really take couple or few months to be interviewed then either get granted or denied? Thanks.
Some cases get interviewed and decided in less than 6 months, but this varies by asylum office – some are faster than others. My guess is that the majority of new cases do not get decided that quickly, but I am not sure. In my local office, it is clear that most new cases are not adjudicated (or even interviewed) within 6 months. Take care, Jason
Good morning Jason,
I have a pending asylum case and I applied for renewal of my work authorization in February. It’s been almost 4 months since that time and no changes so far.
How long does it usually take for the EAD renewal nowadays..?
Is there any way to contact them to check the status of the application. This is the 3rd time I’ve renewed it and didn’t usually took so long. Thank you in advance!
Case Was Received
On February 7, 2019, we received your Form I-765, Application for Employment Authorization, Receipt Number *****, and sent you the receipt notice that describes how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by March 9, 2019, contact the USCIS Contact Center at http://www.uscis.gov/contactcenter.
Hello.
Same for me. I applied for a renewal on January 6 and I still have not received it. This is also my 3rd time and I have never waited this long. But someone else posted on here that they got theirs after 110 days, so let us hope it does not take too long.
Hi there, let me inform you about my EAD renewal. USCIS received my application on 9/January/2019 then on 30/April/2019 my EAD has being produced. It took 4.5 month. I think you will be fine
If u renewing your EAD they won’t send u a new one unless your old one expired. Which is stupid….so let’s say u applied in February, but your old EAD EXPIRATION date is in May, u will wait 3 months for nothing, cause by law your old ead has to be expired…. and everything in 5 month timeframe is OK for renewal…
If you have the receipt, the old EAD is automatically extended for 180 days. We are seeing renewals take 4 to 7 months, and so I think you are fine. If you need to contact them, you can find the phone number at http://www.uscis.gov, but I wouldn’t bother, as hopefully you will receive the new EAD soon. Take care, Jason
Hi Jason.
I’ve been checking my Asylum case online and it said “case is pending” and now it changed for “next step is an interview”. Isn’t it the same thing? My case has been pending for 1448 days
It is the same thing, and why the system gives different messages is a mystery to me. Take care, Jason
Hi Jason,
Thanks for all your efforts, I would like to ask that my current employer is willing to file labor certification for me so that it could help me to get GC . I’m an asylum applicant pending decision since August 2017. Will that help me getting GC or should I simply wait until the decision.
Best Regards,
Murad S.
In most cases, it cannot help, or you have to leave the country, which may or may not be possible. Sometimes, it can work – I wrote a blog post about this on August 28, 2018. Take care, Jason
Hello Jason
I have a pending a asylum application for the last 4 years. I had more than 2 years on non-immigrant status, as a student, while my case was pending. If I granted asylum then applied for green card, will the 2+ years of my non-immigrant status be counted as a physical presence if I applied for US citizenship in the future? Thanks.
If you win asylum and then get a GC, the GC will be back-dated one year (so if you got it today, it would say you were a permanent resident since April 29, 2018 – not 2019). You can apply for citizenship 4 years and 9 months after that date. The 2+ years you previously had do not count towards the time needed for citizenship. Take care, Jason
Hey Jason,
Hope you would b wonderful, one of my friends, he and his whole family has a green card , he is waiting for his next step and expecting his nationality process to be done in couple of years.
He is been charged for a domestic violence crime few days ago and he was in lockup for couple of days, now he has a court hearing, he and his wife living together and he has two daughters. Now he and his wife settled down everything but he has to face the court procedure.
Question is this if he and his family would be able to get their nationality or they would face problems and may not be able to get their nationality anymore?
The family’s immigration status would most likely not be effected, assuming they are not charged with a crime. However, a domestic violence conviction is very serious under immigration law, and it is crucial that he talk to an immigration lawyer or make sure his criminal lawyer is familiar with the immigration consequences of any charge. He does face a threat of being deported due to such a charge, and he needs to take it seriously immediate, and hopefully structure any criminal conviction so it does not result in immigration consequences. Take care, Jason
Thanx alot Jason, God bless you for your efforts.
I applied for asylum as gay, but I have issue here I pregnant a girl. I want to know if I can get troubles with immigration. My case is pending. Thank you
People like you destroy the immigration system. What type of person you are? For immigration issues, you changed your identity? Shame on you!
They certainly ask you to explain that, and to demonstrate that you are gay (or maybe bisexual), but I do not think that necessarily blocks you from asylum. But you may very well need to explain. Take care, Jason
Hello Jason, I will be sending my application for Employment Authorization Document next week. There is small issue that I will be sending it from a different state (from the one where I live) because I will be traveling. I do not wanna wait a whole week till I return to my state to send it from there because I have been for the 150 days to pass. Is that an issue or it does not matter from where in America I send the EAD application?
Assuming you use the same address on the I-765 as you use for your asylum case, I do not see why there would be any problem. Take care, Jason
Hi Jason hope you doing great. Thanks and really appreciate able for helping Asylee community. I applied for GC in jan 2019. It’s almost four month completed. My status said the review my finger prints and didn’t make any decision yet. I am thinking to write about my case to senator. Dose it effect positive or negativie way towards my case. Should I wait more. The total time I am in process is 6 years.
I think it will not help to write to a senator. You can check the processing time at http://www.uscis.gov, but I think it is between 8 and 20 months, so you probably have some time to wait. The only good thing is that when they issue the card, it will be back-dated one year, so you can apply for citizenship about 3 years and 9 months after you receive the GC (assuming you are eligible). Take care, Jason
Hi all,
I am receiving emails from Arlington regarding my request on Saturdays. It looks some AOs work on saturdays. Is it true Jason?
Best
They work on Saturdays but emails are not being received in the same day. They may send the email on Tuesday and you will get it on Saturday.
They do seem to be periodically scheduling interview on Saturdays. It is not so common, but I have sen it. Take care, Jason
Dear Jason,
A couple of days ago I wrote on this blog that I want to try to expedite my I 730 form. Someone
told me they tried to expedite by phone and had a success. But I cannot find the phone
number of the Nebraska Service Center. Please if you are reading my comment tell
me by which phone number did you expedite your case?
Thanks in advance.
I think you have to call the general phone number found at http://www.uscis.gov and navigate the system until you find a person, but maybe the person who did it has a better number to call. Take care, Jason
Dear jason
Am following ur website more than 2 years I want to thanks you for what you did for us.my q is that am an Asylum Approval since 2016 i applied for GC but still not receive it bcuz my Texas office working long behind me,there is Revalution going on in my country and they change the government in my country and my case about what my former government do to anti them,so do you think they will deniy my GC ? Or all my case?
Thanks for your concern
I doubt they would deny the GC. They might put it on hold and send you to the asylum office to determine whether asylum status would be terminated, but this also seems unlikely. Maybe you can inquire about the status of the case by calling them – the phone number can be found at http://www.uscis.gov. You might also try contacting the USCIS Ombudsman Office (a link is at right). They can sometimes help with delayed cases. Take care, Jason
Hi Jason, Is it true that asylum applicants who arrive on a student visa can be denied asylum solely for having arrived to the U.S on a student visa without any consideration to the credibility of their case and situation in their home country? Is this a new bar? I’m deeply shocked. Can you clarify please?
I have never heard of such a thing, and I think it is not correct. I have had many clients who were students get asylum, and there is nothing in the law that says a student-asylum seeker should be reviewed any differently than anyone else. 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
Hello Jason, my asylum interview was conducted in January this year and I’m still waiting for a decision. However, a new incident happened in my home country where my family home was searched by certain armed forces as they were looking for me. My attorney said we must send an updated statement to the asylum office regarding this incident. Do you think this might lead the asylum office to scheduled a second interview? Do you think this might delay the process as I have been waiting for a decision since January despite having a strong case? Thank you
It could lead to a second interview, but I think there is no way to know that in advance. Since the incident did not directly involve you, there may be no reason to interview you again. You can submit the evidence with a letter explaining what happened. And who knows? Maybe this will lead to them making a decision when they get the “reminder” of the new submission. Take care, Jason
Jason, when an overstay (more than one year) J1 visa (subject to two years) applicant applies for an asylum after getting married to a US citizen, let’s hypothetically say the applicant gets denied. What’s next? Will he be in the removal process regardless of his US citizen wife? Would the judge/system care at all for the wife? I know the waiver for the “Two Years Residency” is almost impossible to get, otherwise the applicant could’ve just applied for green card through marriage. Does it worth a shot to apply for Two Years Subjection waiver? Does applying for two applications affect the applicant’s situation? Can the applicant apply for green card when through marriage when he’s subject to two years back home? This is a unique F***ed up situation I know. Thanks a lot.
It’s less unique than it is f***ed up. Basically, you can apply for both the J-1 waiver and asylum. The criteria for each are a bit different, and probably in general, the J-1 waiver is harder to get, but it is do-able. I suppose if you cannot get the waiver and the asylum is denied, you would be deported. The marriage to a US citizen won’t help unless you can get the waiver (or maybe if you are eligible for some other type of relief like Cancellation of Removal). If the J-1 waiver is denied, and you are in court with an approved I-130, I do not know whether the court can adjudicate the waiver (the court can do this in the case of an I-751, for example). So maybe you can get a second chance at the J-1 waiver in court, but I really do not know – I do think it is worth exploring if it comes to that. Hopefully not, and hopefully, you can just either win the asylum or get the waiver. Take care, Jason
Then, do you recommend applying for the waiver first? and see what happens? would the applicant be deported if he/she gets denied on getting the J1 waiver? What’s the consequences for being denied getting the J1/two year waiver?
Also, the bar trigger to re-enter to the US after an overstay does’t click unless the over-stayer leaves the US legally, right? What happens if he/she leaves the US just crossing the borders (not thorough any of the US ports), that way, nothing will trigger the overstay bar in the system, can this over-stayer apply for another visa again and come back to the US? I couldn’t find any law about leaving the US not from an official US port.
I do not do J-1 waivers, so I am not sure, though I think normally the waiver is done first, and once it is approved, the person files for the GC. Talk to a lawyer who does such cases. If the waiver is denied, there is no referral to court for that basis, though if you are out of status, you could be referred to court. If you have a pending asylum case, I think you will not be referred to court. The overstay bar is different from the J-1 two-year home residency bar. If you have overstayed for 6 months or more and then leave, you are barred from returning for 3 years. If the overstay was 1+ years, you are barred from returning for 10 years. Whether you leave at a point of entry/exit or not, the bar would apply. When you request a new visa, they would look at your immigration history and try to determine whether the bar applies (plus, they can just ask you, and if you lie, they likely will know, and so it is difficult to avoid the bar if it applies to you). Take care, Jason
Hi Jason,
Thanks for the great efforts and help so far, i applied feb 2018 and went for an interview on April 2018,After one year of waiting i got the decision from the mail yesterday referred to immigration court,Am worried because i did well at the Interview with good proof and 100% credibility fear,my lawyer was with me…..Please what’s the decision making for a asylum case or they just decide anything they want……Am So confused and worried JASON I NEED YOUR ADVICE
I am sorry for the news. It is generally easier to win in court than in the asylum office, and so certainly you should not give up hope. I did a post about what happens when a case goes to court, if you are interested – it was posted on March 7, 2018. Good luck, Jason
Dear Jason,
Thank you a lot for your work, my problem is like this: my case have been referred to an immigration judge for adjudication by asylum office, I need waiting for the master hearing date for a long time, 1 year, may I fill the form I-131 to apply a Advance Parole so I can go Europe? Thank you very much.
I have seen people do that, and they have traveled and returned. However, technically, if the case is in court, and you leave, you are considered to have deported yourself and you should not be allowed to return to the US even if you have Advance Parole. I recommend that my client do not try that, as the risk of being prevented from returning is high. Take care, Jason
Since mid-2018 when my husband and I were interviewed, three times we inquired to the Asylum sub-office in Massachusetts about the status of my Asylum application. Every time, we had to hear the same thing – the officer who took interview, is still reviewing your file and sub-office has no information about the reasons. We are in tremendous mental pressure as we have a child with autism disorder and I have been suffering with a non-curable disease requiring life-long medication.
It would be a great help if you kindly share your thoughts –
1) Common reasons of delay to review the file – I saw one of your posts about it but is there any other reason/s / factor of recent time
2) Is this something that they are taking long time because we still have F1 & F2 status?
3) Do they sometimes send the case to the court for a decision for an applicant with student Status?
4) Any advice about what is the best thing we can do at this point?
1 – Usually, it is security background checks. Such checks tend to be slower for men from Muslim countries than for others, but you never know, and the time frames are not predictable. 2 – I doubt it. 3 – I have not seen that, but supposedly, such cases can now be sent to court (students who are denied asylum). There was a memo from September 2018 that basically said that, but I have not seen it implemented yet. 4 – Keep making periodic inquiries. If you have not done so, ask to expedite the decision based on your family’s health problems – and provide some evidence of these issues and how the delay is making your situation worse. Also, if all else fails, you can try a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Hi dear Jason,
I have an inquiry regarding my husband asylum case which was filled in September 2015, he had an interview based on expedite request on Feb 12, 2019, after two weeks he went for decision and they have told them that it went for an extreme background check and you have to contact after 60 days, he had his interview at San Francisco, CA asylum office. Please let me know what does an extreme background check mean, how long it will take? How will affect the decision? And what should we do you think? Any past experience?
My Best,
Maro
I do not think there is any such term as “extreme background check.” But there is a background check, and the wait times can be unpredictable. Some cases take a few days; others take years. In my experience, the SF office is better than most in terms of delay, so hopefully, it will not be too long. If there is nothing in 60 days, he should contact them if there is no news in 60 . If all else fails and you can’t keep waiting, he can try a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Hello Jason,
I’m from Tripoli, Libya. You probably follow the news and see that it’s a civil war there right now. Would that be enough reason for someone from there to apply for an asylum? If no, would it help the case?
You need to show that you face a specific harm on account of your race, religion, nationality, political opinion or particular social group. Generalized violence is usually not enough. That said, country conditions do play a part in determining whether you will be granted. You should try to present the case is a way that demonstrates you face harm on account of one of the protected grounds. Sometimes, that is obvious; other times, it might help to talk to a lawyer about how best to present the case. Take care, Jason
Hi mr jason
I apply for i485 adjastisment of statute in last month do i am considered as green card holder or until i get the approval? Thanks
You remain an asylee until the GC is approved. Take care, Jason
Hello Fellow bloggers,
I was a silent follower in this blog. Here i would like to share what i have seen in asylum journey.
Asylum is one of the easiest, shortest(LIFO) way to get a green card or settle in the US. Even there is no persecution in home country you will get it. All you have to know:
Asylum doesnt need true evidences, as due to persecution you may nt carried while you reached to US.
If you think you need them either original or faked no problem they dont care or investigate.
All you have to do is Have a good case or you can create one, to meet asylum 5 definitions(race,religion, political or social group, etc) and good narrative skills at interview.
I have seen 4 cases, But 3 has won with forged documents and false evidences. So nothing to worry.
I have lost respect on USCIS and their process, Because i read somewhere, they have quota to approve asylum, when these fake people get it, the right people may not get it due to number of acceptance or cant provide enough documents or explaining your story at interview. So that they may loose their life when they go back to home(it sad).
When you are in boat, if you keep thinking of water, u scare more. So dont let your fear around things in asylum. Just focus on your interview, do that well. Have good luck.
Thanks
I do think there is a problem with fraud (I’ve written about it a few times before), but I don’t think it is quite as bleak as you indicate. I also think more could be done to reduce fraud, but that is less the focus than on reducing all asylum seekers. Maybe like throwing out the baby with the bathwater. Maybe if the government takes a more rational and more cooperative effort to reform the asylum and immigration systems, we will see an improvement on this front as well. I doubt that will happen any time soon, though. Take care, Jason
Good day Jason, great job you are doing here. I have 2 quick questions
Status: Asylum applicant. I have been to the immigration court and my case has been adjourned till December. Now the questions are as follows:
1)I am currently taking a real estate class in NJ and the law states that applicants in NJ must be either a US citizen, green card holder or a legal resident of the United States. In my situation as an asylum applicant would it be safe to say that I am a legal resident of the country since I now have a social security number and EAD?
2) I have also been getting questions from several prospective employers about my status. So many of them would not offer me jobs on my EAD. They wanted a green card. My question? Is there a limitation to the kind of jobs I can get with my EAD. Some even ask me what kind of EAD I have , is it an OPT EAD or GC EAD. Pls kindly clear the air for me on this. Thanks in anticipation.
1 – I do not know how NJ defines legal resident, and I think you would have to ask them. You are not a resident (that is a person with a green card), but you are lawfully in the US while your case is pending. However, you have no status – only a pending application. 2 – There are different categories of EAD. Some categories are for people who will get a GC soon. Your category is based on the pending asylum. I am not sure the employer can discriminate based on the different categories, but I do not know and you would need to talk to someone who does employment law. You are eligible to work, and you are also eligible to renew your EAD for as long as your case is pending. Hopefully, that will be enough for the employers. Take care, Jason
Hi Janson,
Thanks for taking time to help us. I had my interview May 2018 in Houston office. I am a gay man from Iran.
since then my decision is pending supervisory review. Do have any insight on these type of cases, and how long it takes for decision?
Thank you
It is not really possible to predict the time frame – usually for my clients, the Iran case delays are not as bad as some other Muslim countries, but they can be long. You can inquire with the asylum office – You can find their contact info if you follow the link at right called Asylum Office Locator. If that does not help, you can try a mandamus lawsuit. We wrote about that on October 2, 2018. Take care, Jason
Hi jason. I filed my asylum case in new jersey in march 2016, still waiting for my interview. Can we apply for adjustment of status through are usa citizen child (minor ) ..
Only a US citizen over 21 years old can sponsor a parent, if that is what you are referring to. 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
Dear Jason,
If you want to try to expedite I-730 form in the Nebraska service center who do you send the expedite request to? Do we send it to the local office or the service center? If to the service center do we send it on the PO Box address or the other address.
You can request expedited processing when you file the I-730. If it is already filed, I would send the request to the last office that mailed you a letter. Include a copy of the receipt notice and your receipt number, and an explanation (with evidence) about why you need to expedite. It may not work, but it is worth a try. Take care, Jason
You can expedite by calling to the phone number. Make sure to provide a correct email address. In two days, they will send you an email as ask for evidence for expedite base. Then, in two weeks ( at most) they will let you know if expedite is approved or not.
Do not send mail as it does not work ( mine didn’t work with mail but worked with call).
You have to wait almost an hour to talk on the phone ( waiting time is awful).
Thank you – That is a good thing to try. Take care, Jason
Thank you so much for your advise. Can you tell me you expedited in the Nebraska office? After the approval of the expedite request how long did it take to reach the embassy in your country? Please if possible can you tell me in detail how you did it.
Thanks in advance.
Dear Jason,
My husband has submitted an I730 form about 7 months ago. Can you tell approximately how long does it take in the Nebraska office? And also do we know it has moved to the NVC, do we get a letter saying it moved to the NVC? Or we don’t know anything until it comes to the overseas embassy? Can you tell me how it works?
Thanks in advance.
It probably takes close to a year, but you can check Processing Times at http://www.uscis.gov. Once it is approved, he will get a notice and then you and he will receive some emails or paper notifications from the NVC about the consular processing. Take care, Jason