Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Murray Osorio, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
Jason@MurrayOsorio.com
(202) 328-1353
Hello Jason, What will my current immigration status be when filling for EAD renewal? also, do we fill for EAD renewal 120 or 180 days before the current one expires??? I have been getting different answers about that.
I guess your status is asylum pending. You can file up to 180 days before the old card expires. Maybe file 170 days before it expires, so they don’t accidentally reject it as being filed too early (these days, you have to try to anticipate USCIS’s mistakes). Take care, Jason
Hi Jason. I have doubts about a question I answered in my asylum interview few weeks ago. The officer asked several questions about bribes. It is hard to remember all of them since they do not give you a record for your interview. but I remember being asked if I gave a bribe to a person to produce any of the asylum support documents and I said no. Also the officer asked about bribing paramilitary groups and I said no. I answered all of the questions regarding bribes by saying “no” based on how I understood them. I did not know if the officer wanted to know if I ever paid a bribe which is I did once. In one of the supporting documents that the asylum office has, it is clearly stated that I bribed a security officer in my country long time ago although in an irrelevant case. If they go through the documents and find out that I said “no” but I did bribe this officer, they might accuse me of lying to them. Do you think I should send a letter to clarify it? I would say that I answered all bribe question by saying no but there is this one documented incident that occurred long where I bribed a security officer because I had to. I want to take the best action now after the interview.
Different lawyers may have different opinions here, and you may want to talk this over with a lawyer, but in my opinion, you should send the letter. The problem is that if they asked you many questions about bribes, they may see the discrepancy and that could hurt credibility. On the other hand, they probably did not see it at the time of the interview; otherwise, they would have asked you to explain why you denied ever giving a bribe. Nevertheless, there is a decent chance that they will catch this, and so in my opinion, it would be better to explain – to say that you forgot that you had bribed someone, and that it was a long time ago and not related to your case, and that is why you were not thinking about it during the interview. If you send them anything, make sure you put your name, Alien number, date of birth, country, and interview date on the cover letter. Take care, Jason
Hello Jason, I’m from Libya and my case has to do with armed groups. I do not know if you know about Libya but the whole country is run by militias and armed groups some are loyal to government some are not. Some are extremist and some are not. I fled the country after some militias came looking for me because of involvement with international NGOs and Western embassies. My case is well documented and I have colleagues who were kidnapped, tortured and shot. I had my asylum interview months ago and the officer wanted to know about my interactions with armed groups so I was asked if I ever interacted with them and if I ever paid them. I said I did not pay them and I said my interactions were limited to the check points where I was insulted and physically threatened several times by those armed groups.The officer seemed to believe me. But I read that most cases with armed groups are delayed and face bars. Can a case still get approved even if the person is fleeing prosecution by powerful armed groups like in Libya, Yemen and Syria? And if there are bars when do they apply those bars? do they tell you?
The concern from the US government is that you gave material support to a terrorist by paying to pass through a checkpoint, or something like that. This seems to be a much bigger issue in the asylum office than in immigration court. Frankly, it is idiotic and nonsensical, but that seems to be what they are doing. If they believe you, then they can grant the case, but there may be a lot to check. For example, it seems to me that they have maps showing which group controls which area during which period of time, and so they might compare that to where you were (my experience involves Syria, and the maps – or whatever intelligence they have – seems to be inaccurate). Anyway, there is not much you can do besides wait – you can inquire with them about the status, and if it is taking too long, you can file a mandamus lawsuit – we wrote about that on October 2, 2018. I also wrote something about the absurdity of the terrorism bar on February 27, 2014, if you are interested. Take care, Jason
Hi Jason,
Thanks very much for this great platform, it has been so helpful to many of us.
I have applied for asylum more than Four years ago and still waiting for the interview.
Could you please help understand the following message I received via Email from USCIS:
There has been a recent processing action taken on your case.
Receipt Number: ZMI**********
Application Type: I589, APPLICATION FOR ASYLUM
Your Case Status: Initial Review
Your application with USCIS is still pending.
You must have an application pending for at least 150 days before you can apply for a work permit, which is called an Employment Authorization Document (EAD). The number of days your case is pending is determined by the EAD Clock. The EAD Clock is calculated based on the total time your case has been pending for adjudication, which can be with USCIS, the Executive Office for Immigration Review (EOIR), or both. The EAD Clock does not include delays you caused or requested in the processing of your case before either USCIS or EOIR, which stop the EAD clock. Your case has been pending with USCIS for **** days, not including delays, and the USCIS portion of the EAD Clock is currently running. If your case is no longer pending with USCIS, the time noted here may not be complete. For more information, please see the USCIS website.
Since we currently send all communication by mail, you must report a change of address within 10 days of moving by changing your address online or by filing Form AR-11, Alien’s Change of Address Card by mail. You can find more information at http://www.uscis.gov/addresschange.
During this step, USCIS initiates the background checks of the applicant/petitioner and identifies issues that may need to be addressed either during an interview or by asking the applicant/petitioner to submit additional information or documentation. USCIS reviews the applicant’s/petitioner’s criminal history, determines if there are national security concerns that need to be addressed, and reviews the application/petition for fraud indicators. If you have filed an I-485, I-589, I-751, N-400, I-90, I-821, I-131 or I-765, you can expect to receive an appointment notice to appear at an Application Support Center to have your fingerprints and/or photographs taken. The timing of your appointment is determined by the number of applicants ahead of you that also need a biometric appointment. We try to schedule biometric appointments as quickly as possible and in most cases you will receive your appointment notice within 30 days of submitting your application. We will send your appointment notice approximately 14 days ahead of your scheduled appointment. It is important that you keep this appointment. If absolutely necessary, you can request that your appointment be rescheduled however, please be aware that rescheduling may delay the processing of your application. Please follow the instructions on your appointment notice if you need to reschedule. Occasionally, you may receive an appointment notice to appear at an Application Support Center to have your fingerprints taken when you have filed a form other than those listed above. In these situations, you may receive your appointment notice more than 30 days after submitting your application or petition.
• Log-in to your myUSCIS account to view your case history and understand what you can expect to happen next on your case.
• Current processing times can be found on the USCIS website at under Check Processing Times.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
I do not think you can really read much into these messages. I think it means that the case is pending. If you want to inquire, you have to contact the asylum office directly – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
Thank you for your prompt reply.
So why do you think I received this email after more than Four years of waiting with no updates or notifications to my case status, Do you think they started looking at my file and this is why my case status has updated and I received the notification via the email as I requested in my USCIS account?
Thank you and have a nice weekend.
I do not know. They do a lot of things that seem to have no meaning and no explanation. I would recommend you contact the local asylum office and inquire – maybe they can tell you something. Take care, Jason
Hi Jason, based on your experience, for me as a person from a middle eastern Muslim unstable country with a strong but also complicated political case, how long do I wait to hear a decision (month/years)? I was interviewed back in January and no decision so far.
I do not need a decision, I only want to know why the delay. For example if it is a background check I can wait with peace of mind. If there are certain problems or bars, I can ask them to send my case to court so we can fight there. what is the longest your clients had to wait after an interview? I read your blog a lot and you once wrote that the asylum officer spends 45 mints on each case. this means they do not spend long time reviewing case.
I have had cases pending for 3, 4, and 5 yeas (and still counting), but those are relatively rare. But it is true, at least in my experience, that men from Muslim countries tend to wait longer than others – months or a few years. But I see no predictable pattern and with a few exceptions (for terrorism bars for example), I cannot predict which cases will take longer. You can make an inquiry about your case – you can find the contact info for the asylum office if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi I applied for asylum in 2016 and I renew my EAD for two year again .but my wife in my country was beating by soldiers and she went now in the another country.my attorney expedite my interview last week but I want to know how many days or week Asylum office of my case will send me a mail or answer my attorney request
Usually, we see responses to expedite requests in a few weeks or a month. If not, you can inquire again. Take care, Jason
Thanks a lot Jason.
Hi Jason
I went yesterday to the asylum office to check on my pending case for two years already for decision and I was told it’s still pending, when I asked about the officers name handling my case? They told me for some reason it doesn’t show an officers name on my case? Is this normal? What should I do if it’s not? Thanks
I do not know if it is normal, and I do not really have much confidence in what they tell you at the inquiries. Maybe your inquiry will result in some movement in the case. If not, the option is to inquire again, or file a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Hi Jason, I received my employment authorization card. I still did not get a social security number or a social security card. I contacted the Social Security Administration and they said it might take 8 weeks. I have a job offer and I need money to survive. What should I do? What do I tell the employer if they ask for social security number or card?
You might try going to the local SS office to see if they can issue the card more quickly. Otherwise, you just have to wait for the card in the mail, but 8 weeks seems like a long time. Take care, Jason
Hi, I have a question that my brother is going to marry with his first cousin in pakistan. He lives In Texas cousin lives in pakistan. They are getting married in pakistan and my brother will apply for his wife when he will come back to US. I heard Cousin marriage is not allowed in Texas.
He can go any other state where cousin marriage is allowed and apply for his wife. Please. What will you suggest for him sir?
Sorry, I can only provide advice about asylum. In any event, I do not know about the rules for marriage in TX. If the marriage is legal, he should be able to file for her. Take care, Jason
Hi Jason.
1. Have u heard anything about new law proposal that will allow immig. with pending asylum, adjust their status(through employment for exp.)if they were less than a year without legal status?
Regarding EAD renewal: it took almost 6 months for my 3 EAD.
By the way for ppl. Who can’t renew their DL while waiting for a new EAD. People in DMV/RMV have no idea what to do with i-797c(not i-797a)….it took me 4 times to get a 180 days extension on my DL…. the best what u can do, call the main DMV/RMV department(not a local office) wait for about 1-1.40hr (slow as fu….) and talk to a DL department representatives. Local office CANNOT override the system and can’t accept the i-797c form, but DMV officials can. It takes a lot of effort, but not impossible.
There is a law called INA 245(k), which I discuss a bit in a blog post from August 28, 2018. That may be what you are thinking of. I know no example where this actually worked, though. But maybe it does, as I do not do business cases, and so I do not know much about that. Take care, Jason
My result pending since jan 2019 after second interview, Every time i called they said decision is pending, This time i called them , they said someone is looking at it, and its under review wait for 60 days of u dont get anything call again.
Do you think i may get the result now??
Hopefully, though I don’t have a lot of faith when they say such things. If there is no news in 60 days, contact them again. Good luck, Jason
Hi Jason,
I was referred to immigration court and my first hearing is in July.The reason stated for referral was regarding the inconsistency in the place of birth on my visa application form and my i-589.Can i take the supporting documents that i have along to the first hearing..Basically,What should i expect at the first hearing..Do i need an attorney on my first hearing.
If you can afford it, you should get a lawyer for the first hearing; otherwise, the judge might delay the case. I wrote an article about the process in court on March 7, 2018 – maybe that will help. Take care, Jason
Hello sir
My lawyer filed a motion to advance today for sooner hearing date. How long it’s take to get back from them normally I had a good reason to ask for expidite?
There is no time frame – it is up to the judge. Maybe if there is no news after a month or two (or whatever time frame your lawyer thinks appropriate), your lawyer can contact the court to inquire. Take care, Jason
Hi Jason, hope you are doing well.
My wife applied asylum 4 weeks ago and I am her dependent on application. We are waiting interview date. My question is that as a dependent can I travel my home country with my 5 years old son?
if yes, after how long time after I can do this on applied application date and which documents do I need to do that? As a dependent am I able to travel home country while her case is pending?
Thank you very much!
You can, but you should use Advance Parole, so you can re-enter the US (unless you have a visa such as an H1b, L, G or A, where the government does not care that you have filed to remain here permanently). Also, going to the home country could harm your wife’s asylum case, depending on the case. If she is saying her whole family is in danger, for example, and you return, it may hurt her case. I wrote about Advance Parole on September 11, 2017 – maybe that would help. Take care, Jason
Hello David,
I am currently waiting for the court to schedule my first removal proceeding hearing. However, one of my brothers has recently been threatened back in my home country. I am part of the reason behind this threatening that he has received. Can I add this situation to my case so that my lawyer can present it to the judge? Thanks.
Yes – you can submit any evidence that you think will help you. Evidence about this situation sounds like it would be helpful for your case. Take care, Jason
Hello Jason,
I am applying for affirmative asylum next month, I have missed the one year deadline. Currently I am on STEM OPT valid legal status until next year. My question is: Will my application will straight on be denied since i missed the one year deadline?
Obviously I am not Jason, but I think you are fine since you are still in status. That one year is really applies if you lost the legal status.
There are exceptions to the one year deadline, including being “in status.” If you are on OPT in a qualifying job, you may meet one of these exceptions (called extraordinary circumstances). Even if you do not meet an exception, you would still get an interview, at least to determine whether you meet an exception. It is important to try to meet an exception, so you should talk to a lawyer about what you can do to overcome the one-year bar. Also, I wrote something about this on January 18, 2018. Take care, Jason
Hi Jason,
first, I want to thank you very much for this blog and your effort you do for asylum seekers, I was finally granted asylum after 5 years waiting by the IJ. now my passport has expired and I am trying to get a form of ID, I have my new I94, my new SSC, but my current EAD will expire 6/18/2019, and I want to get an EAD but I am confused if I should check “initial” since this is my first time applying as an asylee or renewal since I had multiple EADs in the past as my case was pending? can you help me?
It is not a renewal, since this EAD is first one based on category a-5 (asylum granted). However, you have to indicate that you had prior EADs (and you can include copies of those, to be safe). If you have not done so, you should Google “post order instructions in immigration court” and you will find instructions for how to proceed from here. Congratulations, Jason
Thank you so much
Hey Jason. First of all I am really great full to you that you doing so kind jobviously over here. We appreciate you . I have two questions only plz.
My work permit is going to expire on this coming Dec. I heard 2nd time renewal taking more months in this year and in future too, like 6 or 8 month wait. Is this true ?
My 2nd question is this I heard this too that GOVERNMENT will not permit the EAD to refugees and who has got their EAD already they can’t renew it.how so far it is true ?
I am very upset cause without work permit how I will work and I am going to get my Nursing RN license soon. And I filed my case in San Francisco.
1 – We have been seeing renewals take maybe 5 to 7 months. You can file to renew up to 180 days before the old EAD expires, and once you get the receipt (in a few weeks), the old EAD will be automatically extended by 180 days, so there should be no gap in employability. 2 – I have not heard that. Everyone who has an EAD is renewing as before, at least as far as I know. Take care, Jason
Hello sir
My my husband apply for asylum in sf month of April 2019 he didn’t got his interview yet. We are still waiting. Do you know how long it’s taking for an interview?
2 . Do they update online first or they mail the notice first
Most likely, the case is now in the backlog, and he will not get an interview anytime soon. No one knows how long the wait will be, unfortunately. If he wants to try to expedite, he can try – I wrote about that on March 30, 2017. The online system should indicate when the interview notice is mailed, and then you get the letter soon after, but I would not expect an interview soon. Take care, Jason
Hi Jason,
I appreciate your help.
I will renew my EAD. This year I found the I765 form has been changed.
30. If you entered the eligibility category C8 in Item Number 27. have you ever been arrested for and or convicted of any crime?
I nwever was arrested in U.S., but I were arrested several times for peaceful protest in China without any arrest warrants and trial . So I should answer Yes or No?
Thanks again.
If your arrests were not for a crime, then you can answer no. Otherwise, you have to answer yes. Either way, I recommend you circle the question and write “see cover letter”. In the cover letter, you should explain what happened and maybe indicate that these arrests form the basis of your asylum claim. Also, if you have any evidence of the arrests, you should include a copy of that. It is annoying, but I have not heard about people being denied an EAD for this reason. Take care, Jason
Hi Jason, hope you having a good day
I requested an expedited decision on my asylum case here in Chicago office about 40 days ago and haven’t got no response yet, you think this is normal? I mean do they usually take long to get back to you?or maybe not get back to you at all? Did my interview about two years ago and waiting on my decision…..anyway do they usually respond to the request regardless of the outcome? Thank you sir
Unfortunately, such delays are common, especially for men from Muslim countries. Two years delay after the interview is not very common (but not very rare, either, unfortunately). If inquiries do not work, you might consider a mandamus lawsuit to force a decision – we wrote about that on October 2, 2018. Take care, Jason
Hay Jason, its been about 16 months after my interview at Arlington, I was planning for Mandamus, is there any adverse effect of this? Thanks
You should go there first to inquire about the case – you can make an Info Pass appointment if you follow the InfoPass link at right. Also, we wrote about asylum on October 2, 2018. That said, it is unclear to me whether there is an adverse affect. I suspect there may be, as I have seen two of my clients file mandamus and both were referred to court, even though the cases were strong (in my opinion). Supposedly, though, a mandamus should not affect the decision unless the Asylum Office is unable to complete background checks, in which case it cannot grant. In my two cases, the reason for the denial was not related to background checks, but I do not know that they would say this directly. Other cases I know of where mandamus was filed were granted. Also, I did not file the mandamus for my clients, as I do not do mandamus cases, so I was not involved in any negotiation with government counsel. Frankly, for many people, it is better to just get a decision rather than wait in limbo, and so maybe a mandamus is the better choice, even if there is a risk. Take care, Jason
Thanks Jason.
Thanks but just answer me please, do they have to respond to expedite request or no it’s been over 40 days, thanks
Sometimes, they never respond, and then you have to ask again. I would give them another couple weeks before trying again, as responses can take a few months. Take care, Jason
Hello Jason,
My i589 was excepted on 04/02/2019 and on 04/28 I had my fingerprint appointment. It has been way over 21 days, but I have not received my interview notice.
I am located in New York City and discussing this with my asylum facebook group, it seems that no one who had their case opened in April had their interviews. A month prior, everyone in my NYC group was moving through the process – i797 -> fingerprint -> interview – on very similar timelines. And then people who applied in April just froze. I wonder if there is a known reason for this? I am really scared that my case has been skipped over and placed into backlog?
My friend’s interview-time fell on Christmas dates and she has been skipped over. An Inquiry reply informed her that her case was placed into ‘backlog’ until the office is able to keep current with incoming cases.
Thank you for your time,
Sincerely,
Marina
I think it is too soon to know. If there is nothing in another month, it is probably safe to assume you are in the backlog. Interview rates do seem to vary month-to-month, though. In our local office (Virginia), I saw data for three months this past spring. I think they interviewed 50% of LIFO cases the first month, 20% the second month, and 50% the third month. Why this should be, I do not know, but I suppose it depends on their caseload, and how they are using their resources. Anyway, give them a bit more time. Hopefully, you will receive an interview. Take care, Jason
Hi Jason, For EAD renewal or to fill I 765, is it possible to file it online without printing the form physically. I heard there is online portal to pay the fee also. Could you please confirm it for me and if so share the link? Thank you.
I am old school and send all our forms by mail. However, for the I-765, I am not sure that you can file online. I think you have to file by mail. You can pay the fee by credit card, but you also do that by form, not online. Maybe there is some way to file online, and maybe someone here has done that, but not me. Take care, Jason
Hi Jason, I have already been interviewed in the San Francisco asylum office because I’m a resident here. I’m now waiting for my decision. If I find a job offer and move to a different state, do you think that this might effect my chance of receiving a positive decision. I hear that San Francisco is one of the fairest places in the U.S for asylum. If I move to another state after being granted, would that make it harder for me to apply for a green card later? I hear in some states people wait longer to get green card. What would you advice me if you were my lawyer? I’m afraid of harsher treatment in other states when it comes to the decision? court referral in case of being referred to court and applying for GC later.
If you were already interviewed, then SF will make the decision, even if you move. One exception would be if they need a second interview (we see this in less than 10% of our cases, but it does happen sometimes). If that happens, it will take place in the new office. As for the GC, I don’t think it much matters where you live. Some offices are faster than others, but that is often changing, and you cannot predict where is the fastest place to apply. In general, I think people should just live where they want to live and not worry about trying to find an easier or faster office, since that usually does not work. Take care, Jason
Hi Adeeb!
Could you please share your timeline? When did you apply? Thanks!
Hi Jason, I’m about to file my i-485 for permanent residence in a few weeks. My question for you is, where do I mail the application if my asylum is granted in Virginia. Can you pls tell me the mailing address I need to submit the application to? Thank you!
I can’t give specific info like that here, but if you check the I-485 form webpage, Direct Mailing Addresses section, you will find that info. Take care, Jason
Hello Jason, I received a Form I-797 approval notice. Notice says that my application has been approved and EAD will be sent to me separately. However, the approval notice clearly states that it is not evidence of employment authorization. So what do I tell an employer in an interview next week? I’m allowed to work but I can proof it when I get the EAD? This is an approval notice but it can not be used as a proof so please give me 7 more days to present the EAD to you? How long do I wait til l get the EAD?
If this is your first EAD approval, you have to wait for the card, but that should arrive in a few days or a week or two maximum. If it is a renewal, at the bottom of the renewal receipt (not the approval notice, the original receipt), it indicates that the old EAD was extended for 180 days. Take care, Jason
Hi. which I-797 approval notice did you get?? Approval of your asylum case or EAD application approval? Do they send an I-797 approval notice when your EAD application has been approved? I never received it. Please explain…
Hello sir. I am from Brazil and living in US for 4 years. I am currently married but we are living separate with my husband. We have interview as soon about marriage. Problem is that he doesn’t wanna come and Also he doesn’t wanna divorce. I can’t go back because my ex husband will kill me. So I don’t know whether I need to go interview. I thought to apply asylum but if I don’t go to interview , it may be a problem for another application. Please give me some advices. I wanna stay here Brazil so dangerous for me. I have some evidence about that. If I go to interview, officer can send me jail or deport me? Please help
You should talk to a lawyer about the situation. In general, if your husband refuses to go through with the marriage-based case, it will be denied. But there may be exceptions (for domestic violence, for example), and so talking to a lawyer may help. Also, if the marriage case does not work, you might file for asylum. There is an issue with the one year bar – a person is supposed to file for asylum within one year of arrival. Because you had a marriage case pending, maybe you can meet an exception to the one-year bar (or maybe you qualify for another type of exception). As for the interview, I do not know whether or not it is best to attend. I am not sure if there is any risk of being detained in this situation, and these days, you have to be careful. If you do not attend, of course, the case will be denied. Finally, whether you have a decent asylum case, I do not know – it depends on the details. For all these reasons, you should talk to a lawyer, to get a better idea of your situation and what to do. Good luck, Jason
Hi Jason,
i Applied to renew my EAD 90 days before from New York and i still did not receive the receipt number even.My current work permit expires in less than a month.I hear lot of people’s EAD and receipt letters got delayed due to government shut down.Is there anyway that i can get that receipt number by calling USCIS or something as i have to provide the continuation of my work Authorization to my employer .
Thanks
Hi. You should try to contact them. The shutdown was over since February I guess and USCIS was not impacted by that shutdown, all their services were still working. So your delay has nothing to do with the shutdown that was over in February.
hello Jason sir
my individual hearing for the court was next week but it got canceled. I am so frustrated and hopeless now what should I do .
and also his asylum interview in this coming month with AO we were married before his asylum case so
my question what would be the chances if my husband got approved . ?
do I need to court?
how much time it will take?
thanks so so much
If you are legally married and either of you wins asylum, the other person can get asylum too. Since you are in court, your husband would have to file an I-730 for you, and you could inform the judge and close out the case (unless there is some problem, like you committed a crime and are being deported for that). If your case is delayed too long, and your husband does not have a decision, you can try to expedite your case – I wrote about that on April 20, 2017. Good luck, Jason
Sir today I got my date for the individual hearing on 2021 . I am gay already suffering from ptsd from long time. My court case was expedited before to. and recently married a guy who have asylum pending and having death threat from family back home. We really don’t know what to do life is getting miserable every day my work permit expires already I did apply in feb no answer yet
Can you please give me some suggestions ?
Hopefully, you have a lawyer to help you put together the case and the evidence (including the text message). If not, you should try to find one (I wrote a piece about how to find a free lawyer on September 22, 2016, if that might help). You can try to expedite again if you want – I wrote about that on April 20, 2017. Otherwise, if you have the receipt for the EAD, your old EAD is extended for 180 days, and you should get the new one soon. It sounds like you and your husband both have claims for asylum, and so you probably want to pursue both claims – if either person wins, you both get asylum. Talk to a lawyer about that if you have not. Good luck, Jason
We have text msg that’s shows the danger
Hi there!
Can I apply for so sponsor Visa while my asylum case is pending? And how complicated it is?
Sorry, I do not understand the question, Jason
Can someone apply for sponsorship Visa for me while my asylum is pending?
Maybe, but it depends on the case. I did a series of posts about this starting on August 2, 2018 and ending on August 28, 2018. Maybe those would help. Take care, Jason
Dear Jason,
My husband applied to get asylum in October 2017, I’m dependent. In November 2018 he had interview, no results received yet.
Both of us work. I haven’t seen my parents for 2 years.
If I provide invitation for guest Visa, will it negative influence on his case?
If I provide invitation for guest Visa, will it speed up case some how?
Did you have situations when people get guest Visa if relatives applied for asylum?
Thank you very much!
IP
Your parents can try to come for a visa. That should have no effect on your asylum case. Sometimes, it is more difficult to get a tourist visa if your family member has applied for asylum, but this tends to be a bigger problem for spouses and children, and less of a problem for parents. Also, your husband might want to inquire with the asylum office about the status of his case. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Jason,
I have couple of questions. My husband got his approval on July 30, 2018. Can I apply for his green card on this July? And he also filed I 730 form for derivatives who are abroad. It is still in the process we didn’t receive an answer yet. Does he file for Green card only for himself? When can the derivatives file for a Green card?
Thanks in advance.
He can file for his GC one year after winning asylum, assuming he has been physically present in the US the whole time and meets the other requirements for a GC. The I-730 must be filed for a derivative within one year of winning asylum. Once the derivative gets asylum (based on the I-730), she has to wait one year and then file for her own GC. When your husband files for his GC, that is only for him. Each person must file for his or her own GC. Take care, Jason
Dear Jason,
Thanks for the reply. He was present the whole year. He only left the country for one week with his refugee passport and visited his family in a third country. Will that be a problem?
No, but if he wants to be safe, he should wait an extra week before filing for the GC (since technically, a person is required to have one full year of physical presence inside the US after winning asylum before the person can apply for a GC). Take care, Jason
Hello Jason, for the citizens of the countries affected by the travel ban (Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen) who are already seeking asylum in the U.S, did you notice any difference of how their asylum cases are handled? There are some stuff online about gov memo that was issued back in 2017 to add extra scrutiny or suspend asylum decisions for people from certain countries. Do you still receive decisions/approvals for your clients from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen?
Such cases are still being approved, at least as far as I can tell. However, we do see Syrian cases denied more often than you would expect when compared to similar cases from other countries. I have not heard about any blanket issues for the ban countries, and if you ask the asylum office, they will tell you that they review each case individually on its merits. At least that is what they told us at the last stakeholder meeting last week. Take care, Jason
Hi Jason, you handled asylum cases for people who worked for the U.S Department of State. I used to be one of them and I worked for the U.S embassy in the middle east in a country that is not safe and has an ongoing war. I used to deal with political affairs and I used to be close to American diplomats and senior officials like the U.S ambassador or even the deputy Secretary of state or special envoy during their visits. I had my asylum interview few months ago and I didn’t get any decision. My lawyer said that my case is very likely awaiting for background check and that my case is very strong. I had been given security clearance to work for the U.S government and the U.S do have a lot of info about me. I’m surprised by the long wait. Is it normal for former employees for the U.S gov to wait long time to hear about their cases? I went to the asylum office to follow up and the receptionist mentioned “different agency”. she did not provide details but what I understood is that they are waiting for a different agency. Any insights Jason??
I have had several cases of people who worked at US embassies or who worked closely with US agencies, and who have previously been vetted. It seems to make no difference in terms of the timing of the cases, and so I am not surprised to hear that your decision is delayed. Why this is the case, I do not know. You would think for people who were already vetted for security purposes, they could get a faster decision, but that has not been the experience of my clients (or you). It is possible that such cases go to HQ, and that this is the delay (and not the security check), but there is no real way to know. I will say that such cases tend to be very strong, and so even though you are delayed, hopefully, you will get a positive decision. Take care, Jason
Hi Jason, thank you for your help
I had my master hearing on may 22 2019 and the judge scheduled my case for August 2nd 2019 I’m happy that things are happening so fast. Well I’m married (October2018) and my husband has his asylum case pending since 2015. I asked my lawyer if my husband can receive asylum through me and he doesn’t give me a proper answer like he really don’t know how it works. But I read that my husband can receive the status through me but I can’t find the form can you please help me?
Thank you
If you win asylum and you are legally married, you can file an I-730 for your husband and he can basically put his case on hold and get asylum from you (as a dependent). If, somehow, he wins before you, he can do the same for you. Take care, Jason
Hi Jason and everybody,
I have applied for EAD on April 25 2019. The clock was 149 days and it was correct. The post office told me it takes 3 working days to arrive at the destination. But they received on the next day. The day they received was exactly 150 days clock. But my EAD application denied for filing prior to elapsing the 150 days clock. Their decision was as follows: There is no appeal for this decision. You may file a motion to reopen or reconsider. Your motion to reopen or reconsider must be filed on Form I-290B, Notice of Appeal or motion, within 30 days of the date of this notice(33 days if this notice is received by mail). What should I do? As an asylum applicant am I going to pay the $675 filing fee? Please give me some details … Thanks
Hi. Sorry to hear that but people usually never apply right away, they give it like few days or a week before they send out their package knowing that if it arrives before 150 days it will be denied and they will have wasted their filling fee money. Waiting few days wouldn’t have made a big difference. You wanted to gain some time but now you lost money and time. Well, stay strong it is ok, just start over and resend the whole package again. Good luck !
You should not appeal, as the decision is arguably correct, and in any event an appeal is expensive and takes too long. Just file again for the EAD and you should be fine. On the form, you will have to note the prior application and that it was too early, so it was denied. Whether you have to pay the fee for a second EAD, I am not sure. I think you do not, but check the instructions to see if they provide any guidance. Take care, Jason
Thank you Jason. I will apply for I-765 with c-8 category. In this case payment is free.
The first time you apply under c-8, it is free. After that, you have to pay the fee to renew. Take care, Jason
hi. how i can check my address on UCSIS . I already changed my adress by mail. But i received a mail to old address.
Maybe you can call them, but it might be easier to change your address online using form AR-11, available at http://www.uscis.gov. Once you do that, you will get confirmation of the new address. Take care, Jason
Hello Jason,
I’m looking for jobs while I am waiting for my initial Employment Authorization to be issued. I applied for the EAD a week ago and it takes few weeks to get it. In the meantime, while filling online job applications I face the question : “Are you authorized to work in the U.S” and I want to answer “Yes” so my job application can be considered. I’m not planing to take any jobs before I receive the EAD but I want to be ready and have job offer when the EAD arrives. I’m violating any law if answer with “Yes” and if I am invited to an interview or offered a job I will explain to the employer that I need few weeks till get the EAD.
When you received a notification from USCIS that says your application approved then you may say I am authorized to work in US. You can add your receipt number on UCSIS website and get notification
I do not know whether that would violate any law, but until you have the initial application, you are not eligible to work, so if you want to be completely honest, I guess you can say that you have filed for an EAD and you expect to receive it soon (first-time EADs are usually taking only a month or two these days). Of course, trying to say it that way may result in not getting the job, so you will have to decide what best tell them. Take care, Jason
Hello Jason,
Is there any new rule or any shake For Backlog Asylumist as I applied in Jan 2015 in Seattle.
Thanks
The only option I know of is to try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Hello Jason,
As an asylum applicant, is there any benefits I may get from merit based immigration that trump was implementing. I completed my mba being an asylee.
Here is the news I got from here https://www.npr.org/2019/05/16/723677591/trumps-new-immigration-plan-doesn-t-address-undocumented-immigrants,
please advise . Thanks
This is just a proposal, and it is unlikely to get through Congress. We shall see, but for now, there is no way to know how any final law will look. As we move through the process, we will get a better idea about that. In general, however, if a person is out of status except for the asylum case, the only way to get a GC is to leave the US (there are exceptions). I doubt any new law proposed by Jared, the Boy Wonder, will make that process any easier. I wrote about this issue in general on August 28, 2018. Take care, Jason
Hi Jason!
I’m an asylum applicant and would like to complete and send my I-765 form without my lawyer’s help. I’m stressing out that I’ll complete it wrong. If this form is completed wrong or some documents are missing, is uscis going to cash the attached check or they will reject it without any fee?
Thank you for your reply
Sometimes, USCIS will reject an improperly filed application and return everything to you, including the check. Other times, if the case is accepted, but there is some reason to deny, they can deny the case and keep the money. However, usually before that, they would send a request for evidence and give you a chance to remedy the problem, so I think the danger of a denial in an I-765 based on a mistake on the form or with evidence is very low (assuming that you are qualified for the EAD based on asylum pending or some other grounds). Take care, Jason
Good day Jason,
Thanks very much for this great platform, it has been so helpful to many of us. The good Lord will continue to enrich your knowledge.
I got a mail saying my decision has been mailed to me, I checked my status online and found out that my EAD clock is still running and my days is also increasing, what does this signify? (Aporival or Refer to IJ). I read some comments on the blog but its confusing, can you please throw more light on this issue.
Thanks very much.
ABONSO, TX.
Some people theorize that if the system indicates that a decision was mailed, and if the clock is stopped, that means asylum is granted. If the clock is still going, it means that the case was referred to court. I do not know if this really works this way, but it may. You will have to wait and see when you get the decision – hopefully, it will be granted. If not, you can present the asylum claim again in court, where it is often easier to win in court than at the asylum office – Good luck, Jason
Hi Jason
Thank you for your good work.
1. Is there any assistance available for asylees to cover the cost of the health insurance ?
2. Any special health care website for asylees?
Yes there is. Please search Obamacare.org.
I got my health insurance online.
I do not know of any healthcare assistance for asylum seekers, sorry. Maybe someone else here knows, or you can contact a local non-profit such as Catholic Charities in your city – they often know about such things. Take care, Jason
Dear,
The new immigration policy will affect for asylee family (follow-to-join) waiting the interview date at homeland embassy?
I am not sure what you mean, but I do not know of a new proposal that will affect follow-to-join asyees. Take care, Jason
Does trump memo released related to asylum in 29th april 2019 also applicable for asylum seekers who arrive US legally like visit visas and apply asylum?
The memo needs to be implemented by the agencies, and until that happens, we will not really know how it will impact people. For example, we won’t know the fee for an asylum application until the agency tells us. But assuming it is implemented, some of its affects will be on asylum seekers who enter with a visa. Take care, Jason
hi jason
One of my friend is a derivative asylee who just received his green card. Can he visit his home country after having the GC?
He can, but he takes a risk that the US government could accuse him of fraud and try to take away his GC. I have had clients do that and return, and never have a problem. However, it is possible to have a problem, and I would try to avoid returning home unless it is very necessary. If he does go back, he should be prepared to explain why he returned and how he stayed safe while there. Once the person is a citizen, it is basically fine to return home. Take care, Jason
Hi Jason
I have just applied for my GC a week back and my service center is Nebraska service center. How long would it take to get the decision for my medical exam? And how long is the processing times for form i-485 as per the new system?
I Applied on 09/2017 Texas office till now i didnt get my GC , 6 month before they ask me for more Evidence i submitted they received ,nothing till now
Even though this is longer than normal, it may still be within the processing times on the http://www.uscis.gov website. If not, you can call USCIS (the number is also on the website) and inquire. You might also try the USCIS Ombudsman – a link is at right, though they are less useful than they used to be, you can still try and it might help (and it is free). Take care, Jason
Hi Jason
I have just applied for my GC a week back and my service center is Nebraska service center. How long would it take to get the decision for my medical exam? And how long is the processing times for form i-485 as per the new system?
You can check the processing time at http://www.uscis.gov. For people with asylum who applied for a GC, we have been seeing cases take about 14 months. As for the medical exam, either you send that with the I-485 or you submit it later, when USCIS requests it. But you have to get it – you can learn more if you check form I-693 at http://www.uscis.gov. Take care, Jason
I applied on December 2018 got my card on May 2019
Thank you Vassak when exactly in December 2018 did you apply? Was it processed in Nebraska?
Thanks,
Dear Alex, unfortunately I don’t remember exact date, but it was definitely Nebraska office.
Take care and good luck
Hi Jason and everybody,
Does anybody have any info about the Nebraska center EAD Renewal processing time? It has been 4.5 months that I have been waiting for my new EAD. Do you think I should just wait or submit a case inquiry? Does anybody got their renewal EAD from Nebraska? How long did it take? Please share…
Thanks,
We have seen EAD renewals taking longer than that – maybe 5, 6 or even 7 months. If you are starting to get worried about your ability to work, there is no harm in making an inquiry, but probably if you have the receipt, you will get the new card soon. Take care, Jason