Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Murray Osorio, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
Jason@MurrayOsorio.com
(202) 328-1353
Hi Jason,
I had two interviews in anahiem La august 2018 and jan 2019 , Still waiting for my decision.
I have a question that my family my wife and 3 year old kid was attacked by some political workers , and my 3 year old son got injured on head and my wife got back injury,,
I am worried about them ,
What would you recommend for expediting my decision ??
Get some evidence about the attack and submit it with a request to expedite the decision. Normally, I submit such requests by email or in person. You can find the contact info and email address if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks jason ,
Can you tell which kind of documents would be fine?
Letters from your family members or other witnesses, police reports, medical reports – documents like this. Take care, Jason
Hi Jason,
I filed my asylum in 2017. I am got my eork permit. My question is, if I got parole and visit third country ( not my home country ), is it sure that immigration allow my re entry in u.s.a?
This is purpose of advance parole. So you can re entry to US without any problem. By the way actual problem is to get approval. It is really hard to get it.
Thanks mike. I appreciate.
I have never heard about a person with valid Advance Parole being denied re-entry, so I think that is safe. Take care, Jason
Thanks sir, I appreciate.
Hello Jason,
I have come to the U.S. in the summer of 2017 with a tourist visa (my tourist visa was given for 10 years and will expire in 2027). I was allowed to the U.S. for 6 months. In the Fall of the same year (after 4 months), I applied for asylum. I haven’t had an interview yet and still did not present any case.
Recently in my home country we had a change of a President. After that I feel like it is safe for me to return back home. So my question is following. What happens if I withdraw my asylum application and return back home? Would I still be able to come back to the U.S.A. as a visitor? Or maybe if I decide to apply to American college and be accepted, would I be able to come here as a student? Or the fact that I applied for asylum and withdrew from it would haunt me, and I will not be allowed to the U.S.A as a visitor or student?
Thank you,
Arman
You can withdraw the case – contact the local asylum office about that. You can find their contact info if you follow the link at right called Asylum Office Locator. Even if you withdraw, it does not erase the fact that you filed for asylum, and it may affect you in the future. I think there is some risk that they would try to cancel your existing visa, and I think it would probably be harder to get most types of visas in the future. This is not very predictable, though, and so I am not sure, but I think it is at least possible that the asylum application will haunt you in immigration world in the future. Take care, Jason
So, legally speaking – withdrawal of asylum case does not mean I will not be able to get visa in the future, it will simply make it harder?
You said there is some risk they would try to cancel my existing tourist visa – how big is that risk and what I can do to make sure it does not happen?
Did you have any clients or do you know people who withdrew from asylum case and then were able to visit U.S. on non-immigrant visa?
Thank you,
Arman
I cannot quantify the risk, as I do not know, and I doubt anyone can really tell you this. The embassy (and DHS) does have the power to cancel an existing visa, and sometimes they do. To get a new visa, if that visa requires you to leave at the end of your authorized period of stay (such as a B or F visa), it will likely be more difficult to get that visa if you previously had an asylum case. How much more difficult, I do not know. Take care, Jason
Mr. Dzubow,
So if I actually decide to withdraw my asylum application, based on the fact that the President changed in my country and I fell I no longer have a threat there, what exactly do I need to do?
1) Do I first need to leave U.S. and then apply for withdrawal?
2) What are the steps in the withdrawal process?
You should contact the local asylum office, tell them you want to withdraw, and they should be able to instruct you. You can find their contact info if you follow the link at right called Asylum Office Locator. Be aware that if you are in the US and you withdraw the case, and if you have no other status here, they could put you into removal proceedings, which could result in a deportation order (this will bar you from returning to the US for 10 years, so it is best avoided). Take care, Jason
So does this mean that in order not to be put into removal proceedings it is better to leave the country first and contact the asylum office after that?
That is the better way to avoid removal proceedings and avoid a deport order – if you are outside the US, they should not put you into removal proceedings. They should just close the case (hopefully). Take care, Jason
Hi Jason,
I filled my asylum in 2015. I am married and have two Children with age of 4 and 2. One of my child born here in US in 2017 after I applied the asylum. Currently I am suffering from critical illness and even have no medical insurance. Due to this, I couldn’t lead my family life Properly. Is there any means that I can ask USCIS office an expedite? What your advice?
You can try – I wrote about that on March 30, 2017. Get a letter from the doctor explaining the health issue, and explaining how expediting the asylum case would help improve the situation. Take care, Jason
So does this mean that in order not to be put into removal proceedings it is better to leave the country first and contact the asylum office after that?
That may be the safer approach – you can send them evidence that you left the US. Take care, Jason
Hi Jason!
Right now you are the only hope you might answer my frustrating question.
I applied for asylum in october 2016 and still waiting for an interview. I have seen very bad times before and since i have applied for asylum. Please let me know if you have any information regarding interviews for the applicants who applied before 2018. Do you have any information regarding what year case was most recently interviewed ? I have my case in Newark, NJ.
Looking forward to hear from you soon.
Thanks
Hi Hasan,
My case is in Chicago office since Nov 2015. I have friends who have applied in 2017-2018 and have got approved. I have checked with lawyers and did speak to USCIS and after that I have come to conclusion . That I will take 4 to 4.5 years for old cases to get interview . And it’s because of LIFO and border situations. I would say please keep in mind that it may take some where around 4.5 years in current scenario. That way you may have some peace in mind.
New Jersey is currently one of the offices that is moving quickly (I wrote about this on June 12, 2019). For this reason, it may be a good time to try to expedite the case – I wrote about expediting on March 30, 2017. Take care, Jason
Greetings Jason,
I have applied for asylum in the Fall of 2017 and haven’t had an interview yet. Some of my friends applied years before me and still are waiting for their interviews.
I have a bachelor’s degree from the U.S. college and about 3 years of work experience here. I am also quite well off financially. My question is following – is it possible to apply for master’s degree in the U.S., get accepted and change my asylum status to a student status? My mother was declined U.S. visa, she misses me a lot, and I can not leave the U.S. to meet her (in some neutral country). I thought student visa would allow me to leave the U.S. when I need to and still be able to come back (I used to have F-1 status before).
Thank you for all the work that you do,
AJ
Unfortunately you cannot get approval for f1 student Visa. Asylum pending applicant get denied for f1 student Visa. You can try to expedite your application. Or if you have good reason you may apply for advance parole. Both are not easy but I think that there is no way to get faster result while you have pending asylum case. Good luck.
If your only status is asylum pending, you would have to leave the US to get a student visa. But I highly doubt an embassy would issue a student visa to a person with a pending asylum case (since a student visa requires you to leave at the end of your studies, and asylum is a request to stay permanently). There are exceptions to this, and so it might be worthwhile to talk to a lawyer. Also, you might consider Advance Parole in order to travel outside the US and return. I wrote about that on March 30, 2017. Take care, Jason
What about applying to master’s degree in Canada? I heard that U.S. and Canada share same immigration databases. Do you think that if I apply to Canadian master’s program, I will be given student visa by Canada? Or the fact that I applied to the asylum in the U.S. will be an impediment?
Thank you,
AJ
I think they do share at least some data. Whether you can get a student visa for Canada, I do not know. You should talk to a lawyer in Canada to get an idea. Take care, Jason
Hi Jason I have two question we had have our interview of asylum in April 2018 since than we are waiting for our decision our lawyer have checked with the USCIS two times our status in Chicago and every time they have sent the same reply that our case is pending and if any decision will be made they will notified us. Do you have any idea about Chicago office progress ?
My second question is if some one asylum case is denied and they have us citizen kids so is there any restrictions from us government that they will not take their kids with them to their home country ?
Regards
I have fairly limited experience with Chicago, but the case we have had there seem to be decided pretty quickly – a few months at most. However, different cases have different wait times – this may related to your case, or it may related to the officer who interviewed you. In general, we have many cases pending decision for 1+ years. Often the applicant is a man from a Muslim country. Such cases tend to go slower than others. If a person is denied, the case goes to court. If ultimately, you are ordered deported and you have USC children, you can take them with your or leave them here – that is up to you, not the US government. Take care, Jason
Hi Jason, you probably heard about the new asylum ban that will be effective on Tuesday. It is called the “DHS and DOJ Issue Third-Country Asylum Rule”. https://www.dhs.gov/news/2019/07/15/dhs-and-doj-issue-third-country-asylum-rule
I lived in Europe before seeking asylum in the U.S last year and I provided strong reasons for why I did not seek asylum in Europe. Those reason include previous employment for the U.S government in the middle east. I attended my interview six months ago and still waiting for a decision. what could this ban possibly do to my case.
As I read the rule, it only applies to people who apply after the date of implementation (which may be today?). If you already applied, I think it does not apply to you. Take care, Jason
What really happen after individual hearing?
Hi Jason,
I would like to apply for ITIN as I’m not eligible for SSN. The reason for me to apply is to get the Credit card. When I see the reason on the w7 form, nothing is applicable for me except others not sure what reason should I put on the W7 form (Application for Tax Identification number).
Can you please advise?
Sorry, I do not know about this. Maybe someone else here does. Take care, Jason
Hello Jason
After 6 months waiting for a decision from AO finally i have a NTA to IC. My questions are.. what happen if i don’t have a lawyer? Do the judge will Make a decision that day? Do i have a chance to add my wife in my case?
Thank you so mucho
If you do not have a lawyer, the Judge will likely pressure you to find one, and give you more time. If you proceed without a lawyer, you will be scheduled for an Individual Hearing where you will present your case (this does not happen at the first court appearance). As for adding your wife, unless she is also in court, I do not think you can add her. If she has her own claim, she could file her own asylum case – if she wins, that will help you. If you win your case, you can file an I-730 for her, and she can get asylum that way. I wrote a post about Immigration Court and what happens on March 7, 2018 – maybe that will help. Take care, Jason
Hi Jason, I have few questions for you regarding people (like myself) who worked for U.S embassies in places like Iraq, Afghanistan, Yemen and Libya.
1- Normally cases like that involve escaping armed groups/militias because we are often targeted by radical extremists who see us as spies and American puppets. Have you had a client/or learned about a former FSN who’s case been delayed or rejected based on TRIG as a result of fleeing armed groups or any mention to armed groups in the case?
2- To work for the U.S gov in a U.S diplomatic facility, we go through an endless extensive process of interviews and info collection by U.S gov. This make sense. I, for instance, worked in a close proximity to U.S diplomats and senior State Department Officials. As a result, the U.S gov has more info about us than any average asylum seeker. This means that there might be a chance that an officer finds a small discrepancy or inconsistency. These discrepancies could be mistakes by the officer or the applicant. They are not an attempt from the applicant to misinform or mislead U.S gov in any way. Normally, our cases are strong and known to asylum officers. We had colleagues who were targeted and killed. So Have you had a client/or learned about a former FSN who’s case been denied because of small discrepancies or in inconsistencies?
3- In my situation, as I still did not get a decision after an interview, can I sue the U.S gov because of negligence? That I among others worked for U.S gov and facing death and torture because of that and here the U.S CIS did not bother to give me a decision about my case? Any similar case? Or lawsuits already filed that I can become part of?
1 – I do not know of such a case. However, I would not be surprised if a TRIG issue delayed such a case – we have done many cases for people who worked at US embassies (including in some countries you listed), and my impression is that they do not receive special treatment when they apply for asylum (even though I think they should get better treatment). 2 – None of the cases like this that we have done has been denied. Some were delayed (including at least one where it took at least a year, if memory serves), but eventually, all were approved. Do be aware that a case like this could be denied for credibility issues, but if the issues are minor, it should be fine. 3 – You cannot sue for negligence, but you can file a mandamus lawsuit – we wrote about that on October 2, 2018. Before doing that, you should inquire with the asylum office about the status of your case – you can find the contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Jason, I had my asylum interview this year and my case was referred to court.
My question is, are people like me who are waiting for their court hearings are targetted by ice raids that are going to start this Sunday?
No – you should not be a target since you have a pending case and do not have a deportation order. One exception may be if you have been convicted of a crime, but otherwise, it should not affect you. Take care, Jason
Dear Jason,
Let me congratulate for that great work helping the people searching safety and stay alive in US, It is a generous gift to mankind and is for such a genuine American behaviour that for sure history will retrieve with the best.
I’m writing you to ask about my personal case.
My questions are 2:
>I entered US with B1 visa. If I apply for asylum and the case is denied, is it possible to lost my B1/B2 visa forever? May I enter again to US with that visa?
>If during the waiting process I found a J1 or HB1 visa sponsor are there any legal collision?
>May I cancel the asylum process during waiting time in case I see it can affect my re entry to US for an interview due to H1B visa?
Thank you very much. And thanks again sir.
1 – It is possible that if the case is denied, and you leave, you will not be able to get a new B visa, or re-enter on the existing visa, but that depends on many factors and so it is difficult to say without specifically reviewing the case – you might talk to a lawyer about that. 2 – It is not always so easy to cancel the case, and even if you do cancel, it does not negate the fact that you filed. So if you cancel and return to your country, USCIS or the US embassy may wonder why you filed for asylum in the first place, if it was safe for you to return. At best, you should be prepared to explain this. At worst, it might block you from returning to the US since they may consider that you committed fraud by applying for asylum. Take care, Jason
Hi Jason,
I lost my EAD, is it possible to get a replacement card? I have a copy of it, but cannot find it because of moving recently.
Thanks in advance.
I think if you check the I-765 instructions, available at http://www.uscis.gov, it states what you need to do to get a replacement EAD. Take care, Jason
Hi，I have one question，I got asylumee’s green card already，resident since xxx/2018-xxx2029. So is this lifelong greencard or just temperate green card？ And during the time period，can I go back to my home country after one or two years？And when I wanna go back to usa，will those official US borders abrogate my green card？Because I am still in the university and keep good GPA，if I want to go back to my homecountry for a month or less，is it influenced my academic study？I am afraid that if I go back from home country to USA，they will cancel my green card and let me go back. Then I cannot continue to study to get degrees in the US.
thank u
lucy
You are a PERMANENT resident, meaning forever, but the card itself is only valid until 2029. By then, hopefully, you will be a US citizen, but if not, you can renew the green card. As for returning to your country, there is a risk – if you go back, they could decide that your asylum case was fake and try to reopen the case. People do go back, and I have not heard of anyone having a problem, but the US government keeps getting more and more harsh, and so there is some risk. I think the risk is worse if you fear your home government (which presumably will know you returned), as opposed to a terrorist group that wants to harm you (since they probably do not control the airport), but either way, there is some risk, and if you go, you should be prepared to explain why you went, how you stayed safe, and why your original asylum case was not fake. Take care, Jason
Hi,
I filed asylum after my visa expired not exceeding 1 year.
When my country got TPS Status, I filed the tps as well. I traveled twice with payroll through TPS. Now I have new i94.
In this case, can I file work based sponsorship
You may be able to, but I am not sure. I think you need to talk to a lawyer who does employment visas. To protect yourself, ask the lawyer to describe to you the entire process, from where you are now to when you have the green card. Preferably, the lawyer should do this in writing. I have seen too many cases where the lawyer convinces the person to do the first step (and pay the lawyer for this), even though the lawyer knows (or should know) that the person cannot complete the process. So while it may be possible, you need to be careful. Take care, Jason
Hi Jason. I applied for asylum in Feb 2019 Arlington office. When can I expect an interview. Kind regards.
The is in the backlog and the Arlington backlog is currently not moving. So unless something changes, like they re-distribute resources (which happens once in a while), there will be no interview any time soon, and no one can predict when the interview will be. If you want, you can try to expedite – I wrote about that on March 30, 2017 – that is probably the only way you would get an interview in the near future. Take care, Jason
I’m considering seeking asylum in the US but I’m worried it takes long my family is in danger. Is Canada fast?
Some asylum offices in the US are fast and others are slow – I did a post on June 12, 2019 discussing this. If you went to a “fast” office, your case could be resolved quickly, but there are no guarantees. Even if that happened for you (and your family was back home), if you had to then file to bring your family here, it would take at least 6 months and more realistically 9 to 12 months (or maybe more – it is not so predictable). The better bet is if you can bring yourself and your family here all together and then seek asylum. As for Canada, I do not know the time frame – maybe try to contact a lawyer there to get some info. Take care, Jason
Hi Jason,
What do you think how long it will take for my asylum decision?
I got this email from USCIS stated that,
“Thank you for your email. We appreciate your patience and apologize for the delay in the processing of your case. Please note that this application is pending a final decision in our office. Once a final decision is reached, you will receive a written decision by mail from our office. Please be sure to maintain an updated address with our office at all times by completing a AR-11, Change of Address Card (link: https://www.uscis.gov/sites/default/files/files/form/ar-11.pdf).
Regards,
Arlington Asylum Office”
Thank you Jason for your help.
Unfortunately, this message tells you nothing about the time frame for a decision, and the time frames are not predictable. Maybe give them a couple months and then make another inquiry if you do not have an answer. If that fails, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Me and my wife are in USA on B1/B2 from India. Meanwhile I file EB-3 green card, which wants me to be in status until I get a green card, which takes about 10 years of processing time. For that we want to live here in status.
1. For the purpose of status, my wife files asylum, would I be able to stretch the asylum case over 10 years, including appeal?
2. And while I am on asylum, am I considered legal for my EB 3 file?
3. And does this affect my EB-3 green card and how?
4. While my asylum case is on, meanwhile, can I apply for F1 status too?
1 – Generally, asylum pending does not count as a status and does not help you here. There may be an exception, and you can talk to a lawyer about that – I wrote about it a bit in a post on August 28, 2018. 2 – I think not, but there may be an exception. 3 – Typically, an asylum application would not affect an EB green card application, as long as all the information is consistent. 4 – Generally no, since people who want to stay permanently in the US are not permitted to get an F-1 (temporary) visa. The better bet may be to forget asylum and try to switch to F-1 status as a way to stay here legally, but talk to a lawyer about the specifics to decide what is best. Take care, Jason
Hi Jason,
I applied for asylum 3 years ago and it was affirmative, I had my interview with officer and the mailed me a NTA to the immigration court. 2 months ago I had my hearing before immigration judge and I was told that the decision will be mailed to me. I got the decision and was “Granted relief”. my question is do I to make an info pass to follow up and get my I94 with the USCIS as the defensive cases. or wait until they mail the documents for me? it’s little confusing me because I filed my application initially as affirmative.
Thank you
If you were granted asylum in court, you have to make an Info Pass appointment, which unfortunately, is not an easy process. Basically, you need to call USCIS and they will give you an appointment – you can find the phone number at http://www.uscis.gov. Congratulations on the asylum grant! Take care, Jason
Good afternoon . thank you so much for your blog . I have a quick question. I applied for EAD card ( renewal) two months ago and I received 797c notice but not the card . In notice it says that uscis received my documents and it’s reviewing. I’m planing to move to a different state and have no clue what to do . Do you think if I change the address will it affect the time for obtaining EAD card? Thanks in advance
It would be better to not move, or keep the address you have to receive mail. But if you do move before you get the card, you can change your address using form AR-11, available at http://www.uscis.gov. You may need to do this twice – once for the I-765 and once for the I-589. The problem is that USCIS sometimes screws this up, so it is safer if you can get the card at your current address. If not, you can try that and in most cases, it is fine. Take care, Jason
Hi Jason,
Anyone from your clients called interview in Arlington, VA office after 2-3 months filed the application? I just would like to know all new applicants’ interview dates delay or randomly some people delay and some people call to interview on time after they filed the application.
Happy 4th of July.
Some do have LIFO interviews within a couple months of filing, but most do not, and land in the backlog. Take care, Jason
Good morning Jason. Thank in advance for your help!
Could you please clarify something for me.
So I had my interview back in October 2017, I was waiting for the Decision for 1 year and 7 months, and yesterday I went to USCIS office in Arlington to pick up my decision and it was recommended approval. Now my USCIS page changed from “Decision is pending” to “Decision was picked up”. Do you know how long it might take to get the final answer? And will the info on USCIS page change again? Thank you
Decision Was Picked Up
We reached a decision in your application. You recently picked up this decision at our office. You must follow the instructions in your decision letter as to what you should do next.
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 1844 days, not including delays, and the USCIS portion of the EAD Clock is currently running.
There is no time frame, and so it may take a few days, or it could take many months. If you do not have any news in maybe 60 days, contact the asylum office again to inquire. As for the online system, I do not know if it will change when the final decision is issued. Take care, Jason
HibJason, I’m about to apply for adjustment of status to LPR form asylum. I had to questions to ask.
1- Do I include the fingerprint fee with the I 485 fee when I write the check or is the fingerprinting fee paid at a separate time?
2- Do I need to submit every page of my passport or according to the USiCS website, is the non-immigrant and visa/I-94 stamp page enough ? Different immigration help websites say different things so that’s why I came to you.
Thank you for your help
1 – Not everyone has to pay the fee (I think the very young and the very old do not do fingerprints), but for those who need fingerprints, I think you have to pay when you send in the fee. We combine the fee for the form and the fingerprints into one check and send that with the initial application. 2 – We normally just submit the bio/photo page, the US visa page, and the I-94, and that seems to work fine. Take care, Jason
Thanks for your response. I actually sent the forms yesterday but I only included the I 485 fee only. I though that was supposed to be paid at a separate time during the biometrics appointment. Can you please advice me what I should do from now and how would affect my case. Thank you !
Most likely, USCIS will return the whole packet to you and tell you to re-send it with the correct fee. It may take 3 or 4 weeks to receive it back. Maybe they will accept it and send you a request for the remaining fee, but I think it is more likely that they will return it and you can re-send. Take care, Jason
Filed for asylum while In valid B2 status in 2010 with my wife , We are in removal proceedings since 2017 , no felony , no arrest warrant , no illegal work , have citizen kids and recently my wife’s I-140 got approved and we have current priority date
01)will we be allowed to adjust our status in US or we will have to go for counsler processing ?
Have you seen any similar case like us who got their status adjusted with in US based on
I-140?
02) In case of counsler processing option what are the chances of success if we voluntarily withdraw our case and choose a third country for counsler processing ?
You need to talk to a lawyer about the specifics of the case, as you may be able to do consular processing, but that would normally require that you take Voluntary Departure, leave the US, and then return with the green card – That may or may not be possible depending on the facts of your case. In general, it is not easy to do that. Also, in some rare situations, it may be possible to get the GC in the US without leaving. I wrote a post about this on August 28, 2018, but you do need to talk to a lawyer about the specifics. Take care, Jason
How often can I have a fingerprinting interview after I submit the materials? In addition, I need to prepare what interview materials to make the pass rate higher. If I am asked what kind of persecution I have, am I to say the contents of the application?
If you have a fingerprint appointment, it is usually about a month or two after you file the application. I am not sure what you mean about materials for the interview. Evidence? I wrote a post about that on April 18, 2018. Take care, Jason
Hello Jason,
Hope you are doing great, i just want to ask any hope for the early 2015 pending cases at Arlingron office?
did any of your client get any interview? Thanks in advance.
Happy 4th of July.
Maybe – if they have time to interview old cases, they will interview cases from late 2014/early 2015. They current seem not to be doing that, but this can vary each month, and so that is possible. You can also try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Dear Jason,
I applied for my asylum case 4months before and I was waiting for my interview. I haven’t get my work authorisation because the time frame limit of 180days not completed till yet.
I submitted my application through an email to USICS to withdraw my asylum case on date 19 June 2019 because the situation has been settle and I have no more fear if I go back to my country.
Since date 19 June 2019 when I sent my written request through an email to USCIS to withdraw my asylum application I have no feed back or answer from them.
While talking over the phone I was informed by one of USCIS representative I was informed that they have received my application of withdrawal my asylum and it is in process.
Here I would like to ask a question that is it possible that i can just buy my air ticket and go back to my country?
On the other hand my 2nd question is kindly let me know that how much the withdrawal process will take and i will be allowed to travel back to my country.
Thanks in advance for your best advise at earliest.
The procedure to withdraw a case varies by office. It sounds like you did the right thing – communicate with the local office about withdrawing. Hopefully, they will be able to confirm that you withdrew the case. If possible, you might try going in person to withdraw the case (check their website for office hours and contact info – to find the website, follow the link at right called Asylum Office Locator). If you want, you can just leave (and go to your home country or wherever you want). However, try to inform the asylum office after you left – if they do not withdraw the case, you will eventually end up with a deportation order, which will make it much harder for you to return to the US. Take care, Jason
Do I need to bring any evidence like a ticket during the interview? My lawyer told me it was just for court。In addition,I am an overseas student, may I ask if there is a good chance of interview when I have the status?
If you are talking about an asylum interview, you should bring all the evidence needed to support the case. Whether you are in status or not does not seem to affect whether you get an asylum interview, so you may get an interview or not – I wrote an article maybe 3 weeks ago about the Backlog, and I discuss the likelihood of getting an interview at the different asylum offices. Take care, Jason
Hello to All.
I just want to share my timeline with you.
*I file my Asylum in December 2016.
*Went for biometric after one month.
*File for my first EAD after 150 days.
*First EAD approved and received card in August 2017.
*My interview was scheduled and done in April 2018.
*My decision was received and was referred to the immigration judge in April 2019.
*I moved from state A to state B and request change of Venue through my Attorney and was approved and transferred.
* I applied for my second EAD six months before the old one expires in March 2019. I was approved and card was received June 2019.
* My Master Calendar hearing is coming December 2019.
Be hopeful and positive and patient. The immigration system right now is slow but sure and requires luck to be processed soon.
Hi ADE,
Where did you file your asylum case? was it in Arlington?
I file my asylum case in Chicago.
Hi Jason
Thanks for your help….
I requested an expedites for my decision about two months ago, got no response whatsoever.
You think I should give them a little more time or explore other options?thanks so much your help is appreciated
I would email them and ask about the expedite request (though maybe not next week, as things will be slow with the holiday). You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason,
I have a pending asylum case with the USCIS Houston Office in Texas since 2014. I recently moved to San Diego, and mailed the Houston office a request to transfer my case to USCIS office in Lose Angeles with a certified mail. It has been two months and I haven’t heard anything from them yet, not even a response back showing delivery my certified mail. I think they should have responded me within a month, is that right? What do you think I should do? I really want my case to be transferred to LA office as soon as it can be but I don’t know they the Houston office is even working on transferring it or not. Would it help if I go to LA and ask them for help in person during their open hours? Or they can’t do anything about yet since my case has not been transferred to LA office yet?
Thanks a lot!
They do not respond to changes of address. I think the first step is to contact TX and see if they moved the case (maybe start with email) – you can find their contact info if you follow the link at right called Asylum Office Locator. You can also try contacting LA, but I would start with TX. Take care, Jason
Hello Jason,
Me and my wife applied for a renewal of our EAD 3 month ahead of the expiry date which is May 2019. My wife got her EAD on time. But I didn’t get it so far. I am a bit confused. Is this a common situation? Please advice. Thank you for your great contribution.
Ben
This is common – we often see family members apply at the same time and get the EAD at different times. Why this is, I do not know. For future reference, you can apply up to 180 days before the old EAD expires. Take care, Jason
Hi Jason, Before how many days I can apply for EAD c(8) extension 180 or 120 days?
Thanks for your help
Hello Jason. I worked for the State Department in the Middle East and I have been waiting for a decision for 5 months after my asylum interview. The lawyer say the case is very strong and there are no problems or inconsistencies. Almost every point I made in the case is supported with evidence. The Regional Security Office of the State Department have been informed about my case and I had a lot of Emails exchange with them where they acknowledge my problems and advice me to not return back to my country (all submitted to asylum office). My political engagement is very clear and my proximity to American diplomats is very obvious. Some of my colleagues were targeted and that is also well-documented. My question is why it is taking them long to decide? I asked the asylum office and they said that they are waiting for information to make a decision? What kind of information? Possibly they contacted State Department to inquire about my claims? Background check? Contacted governments of other countries where I lived before coming to the U.S? I have a lot of mental health issues because I expected a quick decision given the amount of information and evidence we provided. I was hospitalized for mental health issues and the main reason is not getting a decision. What can I do? how can I make them sympathies with me and make a decision faster? I do not want to sue the asylum office but my mental health is getting worse and I have doctor reports to prove that. Can I make a claim to expedite the decision process? Thank you.
You can use the mental health documents to request an expedited decision. I do not know why the case is taking long, but we have represented people who worked at US embassies, and there has often been a delay in their decision. Probably the case has to be cleared through different agencies, which takes time. Anyway, you can ask to expedite the decision – provide an explanation and hopefully a doctor’s letter explaining how the delay is harming you, and ask them to expedite. It may not work, but it shouldn’t hurt. Take care, Jason
Hello ! I have a simple question. My case is pending since 2015 october in miami. If i change my case to chikago, do i have any chances to get my interview faster ?
Miami probably has the largest backlog of any asylum office (I did a post two weeks ago that has a link to that data), so and so it is probably more likely you would get an interview sooner in Chicago. Also, once in a while, when a case, moves, an interview gets scheduled (though, usually not). So if you move the case, make sure you have all the evidence and are ready to go, in case you get an interview. Take care, Jason
Hi Jason, I have pending asylum for almost 5 years now
– is it a good idea to open up my own business or it might negatively affect my case?
-Also, the same for buying a house good or bad idea? If for any reason they deported you will they allow you to come to the house in a form of business visa?
Thank you sooo much for your continues support
Opening a business or buying a house should have no effect on an asylum case. Some of my clients do those things and it is fine. Take care, Jason
Hi Jason, have u heard anything about Rosario class action? Technically it says, that if in 30 day they haven’t made a decision on your FIRST EAD Appl. , than u can email them and they have to make a move in 8 days.
https://www.uscis.gov/rosario
I don’t know a lot about it, but I do observe that first-time EADs based on asylum pending seem to be going more quickly. Maybe one or two months. Take care, Jason
Hi after 98 days my work permit renewal status changed online it’s saying we ordered your new card we will mail you soon from Nebraska center new update thanks jason for replying for every question
Hi Jason Dzubow, today i am not asking any question. i just wanna say thank you so much Sir for your help and for this platform, such a wonderful place where i got my all answers and thank you so much for ur replies. May Allah bless you and fulfill your all wishes. Today i got my green card issue and my status updated.i am writing my timeline here for other ppl so they got some idea:
apply for asylum 30 June 2013
interview 3 march 2015 (chicago )
asylum approved letter 20 December 2017 (Chicago)
applied green card 17 Jan 2019 (Nebraska center )
printed green card send 20 June 2019(Nebraska center)
i pray for all people out there who are waiting and going through this process May Allah succeed you all and get your result soon (Ameen)
Thank you for sharing the good news. Take care, Jason
Hello Jason,
Thank you so much for your help.
If i apply for affirmative asylum(present In valid legal status all my stay and no laws broken ever) and my case is denied. My question is: For some reasons if i had to go back to my country after the denial of my asylum application as i will be having no choice. Will it be difficult for me to get any kind of visa(F1, H1B ETC) in future to enter US? (As the visa officer will know i applied for asylum in past and my intent etc AND HE CAN REJECT?)
Assuming you take “voluntary departure” and do not have a deportation order, there should be no legal bar for you to return. However, the fact that you applied for asylum may make it more difficult to get a visa, especially a visa such as an F or B. If you are applying for an H1b or an L, the prior asylum application should not make that any more difficult. Take care, Jason
Hi Jason, what do u think about TRUMPS threat? He said that next week blablabla he will start deporting millions and millions of illegal immigrants….
1. Should asylum seekers with pending case who overstayed their visa worry about it?
2.what should we do if ICE showed up at your work?
3. What should we do if ICE knocks to your door?
Everybody saying that u can just leave your door closed, cause if they don’t have a warrant they can’t do anything, but the situation itself sucks….
It is a threat, and I expect something will happen, but there are not enough resources to deport “millions” of people. I think his statement was designed to scare people and excite his supporters. 1 – In general, no. They are trying to scare you, and you have to try to remain calm. This is not easy, and I personally would be afraid if I was out of status (I am kind-of afraid just representing people who are out of status). 2 & 3 – There are good websites that discuss this issue. Here is one: https://www.aclu.org/know-your-rights/immigrants-rights/. One other thing to remember, unless you have a deportation order, you have due process rights. Meaning you cannot be deported without seeing an immigration judge and presenting your case (for asylum or some other relief). It is a good idea to have a plan, though – maybe a friend or family member to contact if there is trouble and that person can talk to a lawyer. I do think the bark is worse than the bite, but it does not hurt to be prepared. Take care, Jason
Hello all
I filed Nov 2016, nothing , no interview so far.
Any one got interview , who filed in the end of 2016.
Jason- How I can bring my wife here as soon as possible?
You can try to expedite the asylum case based on family separation – I wrote about that on March 30, 2017. Also, she can try to get a visa. This will likely be difficult, especially since you (her husband) has a pending case. If she qualifies for an H1b or L visa (or maybe some others), then your asylum case would not affect eligibility. But for visas like a B or F, your application will make it more difficult for her. Take care, Jason
Hello Jason,
I m thankful for your help when in need. I would like to adjust my status in following month. I m unable to pay application fees, i use medical, can i apply for fee waiver, what is the process for fee wavier, where can i get the documents that i m using public benefits and cant pay fees.
Thanks
You can try the fee waiver – form I-912, available at http://www.uscis.gov. Take care, Jason
Hello Jason,
Hope all is well, and thanks in advance for answering my question.
I have applied for affirmative asylum this year, I am currently on H1b visa in legal status till next year. Since I missed the one year deadline and for some reasons if my case is reffered to IJ. My question is: I am too nervous about this whole court experience in front of Immigration Judge, what can i expect on my hearing? Will i have to speak or my lawyer will do all the talking? And since i am/have a legal status, what kind of IJ hearing can i expect?
Any help will be appreciated.
If you were still in lawful H1b status when you filed, you meet an exception to the one-year rule (the “extraordinary circumstances” exception) and thus you should not be referred for filing late. Also, if your case is denied and you are still in lawful status, you do not go to court; you just continue in your H1b status (or whatever status you have at that time). You only go to court if your status has ended. If you go to court, I wrote a blog post on March 7, 2018 that describes the process. Take care, Jason
Hi its 96 days now nebraska center haven’t produced my EAD card renewal how long it takes sir?
Renewals are taking 4 to 7 months. First-time EADs are much faster – maybe a month or two. Take care, Jason
Jason, thank you for your exceptional work here.
Recent trump announcment that illegal immigrant will be deported by ice, who does it refer to?
Does that mean ice will be catching people all over the US and deporting them?
ICE does not have the resources for that – I think the announcement was to excite anti-immigrant people and terrorize immigrants. I do imagine something will happen, though, maybe some enforcement raids or stepped up arrests. That is the point of terrorism – when you do not have the power to accomplish your goal, you can at least scare them. That is what the President is doing. Take care, Jason
Thank you Jason.
Thats what I thought too, trump is trying to get more points towards 2020.
Hi Jason, thank you for your time. My case have been referred to IC after my interview with the AO i got married i wanted to add my wife but i couldn’t. Now. Can i still have a chance to add her in my interview with the Judge. If yes, can i start the process to apply for EAD for her?. Thank you
Unless she is in removal proceedings, I think you cannot add her to your asylum case. However, if you win asylum, you can file an I-730 for her, and she should be able to get her asylum status too. Also, if she has a case, she can file her own asylum case at the Asylum Office. If she wins, she can file an I-730 for you, and you can get your asylum status through her (and close your court case). Take care, Jason
What is the next stage after immigration court?
If you lose, it would be to file an appeal with the Board of Immigration Appeals. The Judge should tell you about that. It must be filed and received within 30 days of order denying relief. Take care, Jason
Hi Jason,
Hope you are doing well. I live here in US last three year with my work visa. I came back US last time 14 month ago with my current work visa and still here legal status up todate.
Can I apply asylum that it is already passed over a year but I still have legal status here in US ?
Do you think they (immigration officers) can deny the applications which my stay passed over a year?
Thank you
If you mean, you have a visa, such as an H1b and you are in lawful status, and have been in lawful status the entire time, that would normally constitute an exception to the one-year rule (called “extraordinary circumstances”) and so you should be fine. However, once you go out of status, you have a very limited time to file, or you will miss the one-year bar and be blocked from asylum. Take care, Jason
Hello Jason. Thank you for the blog. how does the asylum office handle online threats. In case of threats as twitter and Facebook posts and messages, they have to know the source. As I journalist, I believe those threats came from a specific office in my home country and it is part of the state security. It is easy to say online threats are just a trolls so I want them to be taken seriously. Do you think the asylum office will analyse those threats seriously? I tried with Facebook and twitter and they told me that they can not send me information about other user without a formal subpoena. I do not know how to get formal subpoena. Or Can we ask the asylum office do the subpoena? Or what you think?
For such threats, we print them and include them with the other evidence. If you have police reports or reports from Facebook, etc. that relate to the threats, you can submit those as well. The asylum office sometimes does check online info, so maybe they would check, but I would not count on that. If there is something you want them to see, print it and include it with your evidence. Take care, Jason
Hi Jason, I have the same problem as Diego the previous guy who wrote. I feel that I might have answered a question in my interview in a way that contradicts some information stated in the supporting documents. You know how confusing the questions are. I discussed this with my attorney and he said :
1- “This is insignificant. They are not going to deny a whole case of political prosecution because they think you lied about one of the questions that they are obliged to pose like have you ever done this or that”. He says that “I have been consistent most of the time and almost %95 of my answers are compatible with the statement and other submitted evidence”. He says that ” it will be funny if they dismiss all the sound and strong evidence of political prosecution and deny the case based on false answer that might have occurred because the applicant forget or did not understand the scoop of the questions”.
2. Because of the above, if they found this small inconsistency, they would call for clarification instead of denying the case.
3. If we send a correction letter, we might bring to their attention something they didn’t even know and so we might do more harm or cause more delays for the case.
4. Since this information is clearly stated in one of the supporting documents, we can always argue that we disclosed it. Even if it is between the lines, it is already there and we know about it when we submitted the supporting evidence so I was never the intention of the applicant to deny it or contradict it.
5. He said ” You only worry about inconsistency and credibility, when you give a whole different version of your story or when you contradict your statement and supporting documents many many times”.
Now after six months of waiting for the decision I still worry about it. I went to the asylum office to ask why the delay and offer clarifications if needed and they said they do not need anything from me. they also said that they have not made a decision and that they are waiting for information to make a determination about my case. I really need your opinion Jason.
1 – OK. Funny is maybe not the word I would use, but I get the point. 2 – I would not count on that, especially if you are out of status and they end up referring you to court. 3 – That is a real risk; it is hard to say which approach is best – leave it alone and hope for the best or explain the error and risk bringing it to their attention. If the error is serious, my preference is to tell them and explain. I think it is unlikely that they do not notice. 4 – You can argue that, but when would you have an opportunity to do that? Before the judge, once you are referred? 5 – I disagree with this. As for what to do now, I do not know. I suppose you can try to raise this issue, but the interview was 6 months ago, so it seems a bit late. If you think this is the problem in your case, maybe you want to tell them about it, though. Better late than never. Really, there is no right answer here, and different lawyers will have different opinions about what to do. Take care, Jason