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 hope you are fine and doing well just a quick question did trump Administration has change the rule regarding us born child that they will be no longer consider to be us citizen or it’s a rumor ? Please state.
Regards
It is a false rumor. That would require changing the Constitution (or at least interpreting it in a radically new way). They have issued a rule stating that children of US military service people who are born overseas are not automatically US citizens. This is idiotic, of course, and the military will probably not be very happy about it. So hopefully, it will be a short lived experiment. Take care, Jason
Hi jason,
I am an asylum applicant, my interview has been conducted and i am waiting for my decision. I want to get married, my wife to be will then be added to my case. my question is, what is better? waiting till i get my decision or it won’t matter if i get married before i get my decision and just have her added to my case?
Technically, if you are married before the decision is issued, you can file an I-730 for your wife. However, I think it would be better to at least submit your marriage certificate and a completed page 2 of the I-589 to the asylum office (with a cover letter including your Alien number, receipt number, and date you were interviewed). Whether you should try to add her to your case, I do not know. Sometimes, decisions are delayed for years, and in such a case, you may want to add her, so she has a work permit. On the other hand, maybe she is better to file her own case, if she has one. Also, adding a person to an existing case can be a huge pain. I do not think that adding a person would cause more delay, but I am not sure. I guess it is really up to you, but at a minimum, I think you should submit the marriage certificate and I-589 page 2 to them, so that is part of your case. Take care, Jason
Hi. Have you heard before who has asylum pending with no interview yet can adjust of status though employment base green card. Basically 3 years pending asylum than got i-140 approval and apply i-485 aos and got approval???? Thanks
Hi Jason. I am going to submit an application for advance parole. Do I need to pay fees for everyone under my asylum pending application. I am married and have 2 kids ( 4 and 8 years old). Do I need to explain why I need advance parole for each person . Or just add a copy of my explanation letter. Last question. Does everyone need separate application?
Hi Jason,
Filling i-485 based on granted asylum, which i94 number we have to submit, the old one while entry or the one was issued after granted asylum ?
Thanks in advance.
I think we use the asylum I-94 number. You should include a copy of your passport and original I-94, as well as the new I-94 and evidence of the asylum grant, so USCIS will have both I-94 numbers. Take care, Jason
Hi jason.
I am waiting for my interview. I have 2 questions.
1. My EAD is expiring date is in march. What is best time for renewal application for EAD.
2. I am using EBT and CHIP since last 9 months. Does it make any negative impact on my asylum approval? Should I renew both ( EBT and CHIP) ?
1 – You can apply up to 180 days before the old card expires. 2 – It does not. The public charge rules do not apply to asylum seekers. Take care, Jason
Hi jason.
One of my friends told me that, as I applied for asylum and my case is pending. Due to that my parents don’t get visitor visa (B1/B2). Is it true, that my pending asylum case effects my parents visa application?
This is a worse problem for spouses and children, but your asylum application could make it harder for your parents to get a B visa. Anyway, they can try to get it and submit the strongest application they can, to show that they will return home after their visit. Take care, Jason
Hi Jason
there is no Article on changing a name with USCIS.
I have been given my name starting ‘No Name Given’ as i have single name on all my documents.
Got the court order for changing the name but i do not know how to get it updated at USCIS ?
If you can guide.
You can submit the name change to USCIS with your application (or later, but make sure it goes to the correct office and has your receipt number and Alien number on the cover letter). They will accept it and change your name with your current case. If you are applying for citizenship, the N-400 has a question about changing your name and that is easy to do. Take care, Jason
Hi Jason. I am going to submit an application for advance parole. Do I need to pay fees for everyone under my asylum pending application. I am married and have 2 kids ( 4 and 8 years old). Do I need to explain why I need advance parole for each person . Or just add a copy of my explanation letter. Last question. Does everyone need separate application?
Each person needs his/her own application, and you have to pay for each one. You should probably provide an explanation for each person, though maybe your explanation will be enough if you include evidence that the person is your relative (marriage or birth certificate). AP is getting more difficult to get, so the stronger the application, the better. I wrote about this issue on September 11, 2017 – maybe that would help. Take care, Jason
Dear Jason,
Hope you are doing well..
Regarding the form i-912, Do we have to enumerate all the means tested benefits were received or just one of them is enough?
Thanks in advance.
Hi Jason,
I knew that there are new regulations regarding the fee waiver form i-912 as they will not consider the tested means benefits any more, my inquiry is : Am I still able to apply for the waiver using this reason “tested means benefits” and when will the new rule be effective or applicable?
Thanks in advance.
I am not sure, as I have not seen the new rule, sorry. I doubt the new rule is in effect yet, and if not, the sooner you apply the better, as they will evaluate the case under the old rules. Take care, Jason
Hi. Have you heard before who has asylum pending with no interview yet can adjust of status though employment base green card. Basically 3 years pending asylum than got i-140 approval and apply i-485 aos and got approval???? Thanks
It may be possible, though you would need to talk to a lawyer about that (an honest and good lawyer, as such cases are not easy and often not possible). Also, I wrote a blog post about this issue on August 28, 2018. Take care, Jason
It is up to you, but I think the more evidence you can give of financial hardship, the stronger the likelihood that the I-912 will be approved. Take care, Jason
Hi, Jason, thank you so much for your helpful information!
I want to ask your professional opinion, on behalf of my friend, who applied Asylum in the US couple years ago, then the country situation changed, he went back home late last year, and closed the case at USCIS.
Now, he got a potential chance to be sent to the US for work in the near future, if he get the job offer from the company in the US, and he then go apply for work visa, would he be granted by the US embacy at all? How big is the chance for him to be granted and work in the US in the future? I appreciate it if you can help my friend with that ! God bless you so much Jason!
As long as he does not have a deportation order, he should be eligible to come here (assuming he is applying for an H1b or an L visa) – sometimes, when a person leave, the case is scheduled for an interview and the person does not show up. Eventually, they get a deportation order. If you want to check this, call 800-898-7180 and enter his Alien number. When asked, press 2, and the computer will tell you if there is a deport order. If his Alien number is not in the system, he probably does not have a deport order. Take care, Jason
Hello Jason. Please advise on the following: I came to US and got married to non US citizen. After that he applied for the asylum and included me into the case as a wife. We had an interview and been waiting for the decision for 3,5 years. My passport expired and I was issued another one but still with my maiden name (we don’t want the embassy to know about our marriage). So now I have the passport with my maiden name ( name A) and applied on the advance parole with the last name that I’ve took after my husband (name B).
I’m going to travel to Europe using the A-name passport and come back to US using the advance parole issued on B- name.
Would I have any problem with that names situation when the passport and AP last names are different if I show them the marriage certificate?
You should be ok, but I would also bring the name change document (in some states, this is the same as the marriage certificate). Also, bring evidence that you are a dependent on the asylum case. I do not think you will have an issue once you get to the US, but I think you may need this documents to board the plane in Europe (as they have to be convinced that the two names are both for you). Take care, Jason
Hi Jason. The asylum office invited me to a second interview almost a year after the first interview. There is something in my i-589 application that might need clarification. The names of my family members are not consistent with their passports but they are not in the United States and they are not part of my application. The reason is that in Arabic there is no rule on how to write the name in English and my home country government is not consistent. For instance my father’s name is spelled differently in his passport than in my passport. Some goes for my family name. These are minor spelling inconsistencies. Im afraid that if I bring it to their attention it might further delay my decision even after a second interview or make them delay me based on REAL ID ACT. I was told at the asylum office that they are very close to taking a decision and all they need is a second testimony. What is the best course of action?
They should already know about the spelling issues and the background check should account for that. And so I do not think you necessarily need to raise the issue (unless the mistake is more than just a spelling mistake). If they ask, you can tell them that you used the spelling you thought best, but that sometimes, in English, the name is spelled differently. I do not see how minor spelling issues should have a negative effect on your credibility. Take care, Jason
Dear Sir.
Hope you are doing well..
My EAD expired Dec 2018 & I was submitted the renewal since June 2018 & still waiting up to date.
I tried contact the office but each time they told me it is under back ground check.
I just got new offer to work with new company.
My question how can the new employee check that I am still eligible to work & my EAD on process as I have the receipt of receiving my documents with the fess.
Best Regards
Mike
That is a very long delay. If you have asylum already, you are eligible to work even without an EAD. If you have a pending case, I am not sure how you prove eligibility at this stage. Maybe call USCIS and try to talk to a supervisor. Tell them that you may lose your job opportunity and see if they can schedule an Info Pass appointment for you. Maybe they can put a stamp in your passport to show you are eligible, but I am not sure whether they will do that. You might also try the USCIS Ombudsman – a link is at right. Sometimes they can help with a delayed case, but they are not so fast. Anyway, you can try, as they are free. Good luck, Jason
Hello Jason, I went to the asylum office to inquire about my decision and I spoke to very friendly nice supervisor. She took a while to see what is going on with my case. She went inside and to other offices and then she came back and gave me a Re-Interview Notice. She said I will be Re-Interviewed by the same officer. This is happening nine months after my first interview. Could that be a sign for anything? Any advices? Should I expect anything? My case is long and strong regarding political activities and prosecution by armed groups in my home country.
Second interview often occur for people who were in the military or people who might have somehow supported a terrorist (even if they did not want to). So if you have those issues, you might think about how to respond to such questions. Other second interviews just happen for random reasons. Prepare as if you prepared for the first interview, and keep in mind that they could compare your answers at the first and second interviews to look for inconsistencies, so make sure you understand the question, and if you do not know or do not remember, you should say that you don’t know or don’t remember – do not guess. Take care, Jason
Hello Jason,
Im planning to file a lawsuit against USCIS because they didn’t give me a decision regarding my case since nine months. I have few questions:
1- would it be possible to request information like my asylum interview transcripts and why my case is delayed and other info they have about me under the freedom of information act?
2- If I file a lawsuit and it goes to a federal judge, is nine months of waiting reasonable time so he orders USCIS to grant me a decision?
3- Do you think USCIS would retaliate? I heard they normally rejected even strong case with very strong political grounds for asylum based on the real ID act.
4- Is it true the real ID act gives the USCIS great leverage to doubt anyone even people who come to the US with strong documentations such as passports and visas?
1 – You can request such info, but it is normally not provided and I think you would have a hard time getting it, as this is internal and confidential. But you can try. 2 – Maybe – we wrote about this issue on October 2, 2018. I think it will be long enough if you have tried to get a decision in the “normal” ways – by inquiring with the Asylum Office and/or the USCIS Ombudsman. 3 – I do not think they will retaliate, but you never know. I had a client who filed a mandamus and his case was denied, even though in my view, the denial was poorly done. Was this retaliation? I have no idea, but it was suspicious. In some cases, the security check is not complete, and so they cannot grant. In such cases, they may deny the application if a person files a mandamus. 4 – The REAL ID Act increases the evidentiary burden on an applicant, but I do not think it forms much basis for denial and I have not seen it as a major change to the asylum law. Take care, Jason
Question about Form G-28.
I just had my asylum case approved by USCIS.
– What happens after my case is finalized/Approved by USCIS now that I don’t need any more representation
by my attorney should the G-28 be canceled?
– If I want it canceled. Am I the one that needs to cancel it or does the attorney cancel the G-28?
Sorry, I posted the question three times by mistake. I thought it wasn’t going through.
My question is about Form G-28.
– What happens after my case is finalized/Approved by USCIS now that I don’t need any more representation
by my attorney should the G-28 be canceled?
– If I want it canceled. Am I the one that needs to cancel it or does the attorney cancel the G-28?
My question is about Form G-28.
I just had my asylum case approved by USCIS.
– What happens after my case is finalized/Approved by USCIS now that I don’t need any more representation
by my attorney should the G-28 be canceled?
– If I want it canceled. Am I the one that needs to cancel it or does the attorney cancel the G-28?
The G-28 only applies to that case, so there is no need to take action. If you have a new case (for example, filing for your family or applying for a green card), you would need a new G-28 if you have a lawyer. The old G-28 would not apply. Take care, Jason
Thank you, Jason. You are awesome.
Dear Jason hope you are fine and doing well, after the new rule which has been launched by president trump does it apply and effect on asylum seekers ? Or it also applied on pregnant women’s as well who are Under pending asylum ?
Please clarify.
Regards
Karam
By statute, the rule has no effect on asylum seekers or people with asylum. Take care, Jason
I’m an Asylee who applied for adjustment of status(AOS). I’ve few questions as follows
1. Is it better to get RTD or Advance Parole for AOS applicants?
2. Can USCIS issue advance parole even if the person has the valid RTD?
3. It’s been more than 3 months and there is no update on my AOS EAD or Travel document or 485 application. How does it take to get an update?
1 – If you have asylum, it is better to get the RTD; I am not sure you can get AP under the circumstances, but even if you can, the RTD is a more substantive document and shows your effort to avoid using your national passport, which can be an issue for some asylees. 2 – Maybe, but I do not know, as I have not tried that for anyone. 3 – For the EAD, the normal category for someone in your situation would be a-5 (based on the approved asylum). Such renewals can take 6 months or so. The adjustment of status period is unpredictable, but it would probably be 6 to 14 months. You can check the processing times at http://www.uscis.gov. Take care, Jason
This is excerpt from CNN
“The rule means many green card and visa applicants could be turned down if they have low incomes or little education, and have used benefits such as most forms of Medicaid, food stamps, and housing vouchers, because they’d be deemed more likely to need government assistance in the future.”
https://amp.cnn.com/cnn/2019/08/12/politics/legal-immigration-public-charge/index.html
Jason, my question is, those who are applying for asylum do not have the right to apply for Medicaid or Foodstamps, I do not see clue in this law.
Please give some explanation on how are they goung to restrict those who will be applying for green cards or want to become citizens.
By statute, the public charge rule does not apply to people with asylum (or people with pending asylum cases, in the event that such people could somehow obtain public benefits). I wrote about this on September 24, 2018. The proposed rule did not apply to people with green cards, and it seems to me that the rule as written also does not apply to people with green cards (but I am not sure, as I have only looked at a summary). In any event, it does not apply to people seeking asylum or asylees or refugees. Take care, Jason
Thank you Jason.
Hi Jason, before coming to the U.S I applied for Canadian tourist visa and it was rejected. One of the requirements of the Canadian visa was that I provided full names of my parents and siblings. I remember that there were spelling differences and I had to explain in the application that because our names are Arabic names our government spells them differently in English. That’s why the our family name was spelled differently for me, my father and my siblings. Later, some family members wanted to have the family name spelled in the same way so they tried to correct it. When I applied for asylum here in the U.S I listed my parents and siblings names and the family name as mine. Now Im thinking that if an officer looks into my previous Canadian visa application, he might find that our family name spelled differently than how they are listed here. Now Im waiting for my asylum decision since a year. Is there anything I can do? Could this be a problem ?
I am not sure what the best approach is. It would probably have been better to provide the alternative spellings with your initial application, but I am not sure whether it is better to send them a letter now with the alternative spellings, or to just wait for the interview. If the spellings are pretty close, I doubt you will have a problem, and so my inclination is to do nothing, but I guess it depends on how different they are, and whether you want to tell them. I doubt it will have a negative effect either way. Maybe if you send them a letter, it will cause them to look at your case, which might be a good thing given the long wait, but I do not know if there is a correct answer here. Take care, Jason
My brother is pending asylum now. His international driver’s license is about to expire. He doesn’t have ead yet, no ssn. He is living in LA. Is it possible for him to apply for driver’s license in LA?
He is able to get DL with asylum pending receipt. But for SSN he needs to get EAD card.
I do not know. Check with the DMV (or the DMV website) to see whether there is any way he can qualify. Maybe someone else here knows about that. Take care, Jason
Hello Jason, Im considering filing a lawsuit against USCIS for delaying my decision after interview. It has been more than six months but not a year yet. 1- I have a political case in my country in the middle east and Im a previous FSN with U.S embassy and state Department advised me to not return due certain threats so the case is strong but also complex since I lived in different countries before relocating to the the U.S. do you think these facts would make them approve the case or you think they might retaliate and refer the case to immigration judge- heard that USCIS retaliated in similar situations and even denied strong cases based on things like real ID act? 2- If case is referred to IJ how long would I wait to get a hearing? 3- Is there anyway to discover the reasons of the delay ( all my attempts to inquire failed so far)?. 4- is there anything that the State Department can do to help me, they trusted me with very sensitive information in a vary dangerous country where American diplomats were targeted so that means the security check is not the reason of delay?
1 – I doubt that USCIS retaliates, but I do think that if they cannot approve the case due to a pending security check, they will deny it and refer it to court. Also, I did have a client who filed a mandamus in order to get a faster decision and the case was denied. I think the denial was poorly decided. Was this retaliation? I tend to doubt it, but there is no way for me to know. 2 – It depends on the judge. It could be several months or it could be years. 3 – Not that I know of. You could try a Freedom of Information Act request, form G-639, available at http://www.uscis.gov, but I highly doubt that would get you the info you want. 4 – You can reach out to your contacts there to ask. If they contact the asylum office, it may help. My experience with cases like yours is that there are delays. I do not know why, but it may be because they have to inquire with the State Department or the embassy. My guess is that the case will eventually be approved, since that is what I saw with my cases where the person worked for an embassy, but the time frame is just not predictable. Take care, Jason
Hi Jason ,
I have Immigration court hearing on Aug 15 th , 2019 but my attorney not responding and not replying due his issues Still he is not given preparation for hearing . He is saying we are finding attorney for my hearing I dont know what can I do –still he is not responding for emails . We paid fully and we have contract and we have receipts too .
We don’t know did he send additional supporting documents to IJ court which we submit earlier .
At this moment hardly we have 1 week so
can we request for postpone for hearing by my self calling court staff without attorney help because he is not responding .
could you please help me how much time we need to prepare for hearing –
please help me .
You should print out all your attempts to communicate with him and the documents you submitted, plus your contract and proof of payment. You can try to call the court in advance, but I am pretty sure they will make you come to the hearing (if you do not appear for the hearing, you will be ordered deported). Bring all the documents and explain to the judge what happened. Hopefully, the judge will give you more time to prepare. You might also try to find another lawyer who can go with you, but that may be difficult given the short time frame. Good luck, Jason
Hello,
My friend got referred to judge, and master hearing was scheduled in September. So what exactly is going to happen on master hearing? What are the outcome? is it necessary to bring a lawyer? I heard there will be a main hearing after that, so how long it until the main hearing after the master calendar?
I wrote a post discussing this on March 7, 2018 – maybe that would help. Take care, Jason
Hi Jason!
After granted my and my family asylum,we applied for I-485 and I-912 fee waiver form(I am eligible because we are SNAP holders) . My questions:
1- When do I get my first receipt? (it passed 1 month after sent all documents)and What should I do if I will not receive? and does fee waiver affect process time. I also sent 1145 and all other forms.
2-We also sent I-693 medication forms. (instruction says USCIS should receive in two months from signing doctor..what does it mean two months and 2 year) For example I sent all my documents 1 month ago and I didnot receive any receipt. I relly afraid passing two months.
3.how is timeline for getting green card these days?
Thank you so much for your helping.
1 – Hopefully, you get it soon – it normally takes 4 or 5 weeks, but it could be delayed for some reason (there are lots of delays these days). If you do not get it soon, you can call USCIS to try to inquire: 800-375-5283. Also, maybe double check that you mailed it to the correct address. 2 – I would not worry about that; I think it is good as long as it was mailed in within 60 days of receiving it. 3 – For asylees, maybe 6 months to a year or more. It is not very predictable. Take care, Jason
Jason, thank you for your response. As you mentioned that, they received and first, they checked waiver. and for all applications ( except I-131) they waived fee. But unfortunately they rejected my I-131 form.fee can be waived for only humanitarion parole.
But I received I-131 form and I-693 medical examination form(I got it without sealed. they opened the seal and it was stapled together 131 and 693. All of the forms and other documents have a long number (probably time stamp) at the base of the documents.)
They only pointed rejected because of fee. But why did they sent I-693 form.? and what should I do?
I dont want to apply I 131 with fee.What should I do with these opened forms and send it to back or should I need to seal 693 again or do i need to get new medical examination report?
Thank you so much for your helping.
If the I-485 is still pending, I would wait for USCIS to contact you before re-submitting the I-693. My guess is that you are better off getting a new, sealed I-693 from the doctor. Hopefully, that will not be expensive – maybe the doctor can just submit a newly signed copy of the I-693 that was already done and put it in a sealed envelope for you. But to do that, you really have to wait for USCIS to contact you about the medical exam. I suppose you could try to send it back to them and hope they match it with your case, but I think there is a good chance they will lose it. As to why they did that, I do not know – but it is pretty common for them to open the medical exam and send it back to you when they reject a case (an I-485 case, so I am not sure why they sent it with the I-131). It is difficult to know why they do anything these days. Take care, Jason
Hello jason,
God bless you for your help and time you spend here for us. I have read here from a comment that, the lady was interviewed about her asylum at naturalization. She was not able to give her interview and they put it hold her processing.
1.Is that true? 2. Can officer interview again when there is adjustment of status. 3. If yes, why do they want to interview again?
4. Do they check asylum file at green card processing and naturalization?
Thank you and god bless you.
1 – I do not know about that specific case, but USCIS can and does review the person’s entire file, and sometimes the old asylum case causes problems for the naturalization case. 2 – They could ask about the old asylum case when the person tries to naturalize. Normally, they do not, but if they notice some problems, they could. 3 – They could try to terminate asylum if they think there was a fraud. Also, sometimes, there are issues with the GC, which should have been addressed by USCIS at the time (so in many ways, the problem can be the fault of USCIS error, but they blame you anyway). 4 – They are checking things more closely, but one issue is that they seem not to check very carefully for the GC application. The result is that problems slip by, and then these problems come out at the time of the citizenship case. I wrote a bit about this on November 13, 2017. Take care, Jason
Jason,
I applied for EAD renewal in January 19, because my EAD expiration was in May 19. I received confirmation and 6 month extention. So far I did not receive my EAD. The extension will expire in November.
What can I do other than waiting? 8 month since the application…no news. I am very worried. Do you have any advice please?
Thank yoy.
If you got the receipt, I expect you will get the new EAD soon. You can check the processing time at http://www.uscis.gov, and if it is outside the processing time, you can call USCIS at 800-375-5283 and maybe they can assist. Take care, Jason
Hi Jason, Hope you doing great.i got my green card through asylum.i wanna apply for traveling document, i am kind of confused which one is more suited for me re entry permit or refuge traveling document.As refuge travel document is for one year while re entry permit is for two years.can you help me out which one i should apply and which one has more advantage than other one. Are both have same leverage over each other or they are just same.
thanks again for your help again.stay always blessed
The re-entry permit is not always for two years – you have to check the I-131 instructions, but I think if you had your GC for 2+ years, USCIS will give you a two year travel document. In theory, the RTD works in lieu of a passport, but not all countries accept it. The Re-entry Permit is not usually used instead of a passport, but if the country you visit will accept it as a passport, then you can use it that way (it looks like a passport). If you feel that using your home country passport is impossible or might cause the US government to question your original grant of asylum, you are better off using the RTD. If that is not an issue, you can probably use the Re-entry Permit. Normally, though, people with asylum use the RTD and so if everything else is equal, I would use that. Take care, Jason
Jason, my wife has pending case for asylum for her first court hearing. She is using Medicaid for giving birth to our child. Some say that using government asistance may hinder getting asylum case approved. Is that so?
Thanks beforehand.
Using Medicaid or other public benefits has no effect on asylum seekers. I wrote about that on September 24, 2018. Take care, Jason
Jason, I came to the US 2 weeks ago and will seek asylum after my visa expires which is in 5-6 months from now based on relegious prosecution.
I have a question. I know it is not allowed to work but all of us need to survive somehow. If I work and get my salary in checks, will this somehow create me problems in the future?
Working unlawfully does not affect eligibility for asylum. It may affect other types of cases (for example, if you want to change to another non-immigrant status), but it does not affect asylum. If you have decided to seek asylum, there is no need to wait until your status expires – you can do that sooner and get the process moving, if you so choose. Take care, Jason
Thanks a lot for the information. I need some time to earn some money and then apply to cover my expenses for an attorney. You are first on my list to consider.
Jason, I was doing some research on Immigration Judges and found this approval/denial rate.
Approval/denial gap is very huge depending on the judges.
Wanted to get your ideas on it. How realistic is this list?
https://trac.syr.edu/immigration/reports/judge2018/denialrates.html
TRAC is the best (and probably only) source for this data. They get their info by filing Freedom of Information Requests with the government. The problem with the data is that it does not account for the population that the judge sees – including whether the people are detained, and what countries they come from. It does give a general idea about how “easy” or “hard” the judge is, but in many cases, you can only read so much into this data. Take care, Jason
Thank you sir
My affirmative asylum application has been pending since 2016. I applied for Advance Parole and visited my home country in May 2019 to see my old and sick mother. Now she is very sick and I want to see her again. Can I apply for the Advance Parole again?
You can, but each time you return home, you greatly reduce the chances that your asylum case will be successful. Also, you take some risk that you will have trouble at the airport when you return – I have not heard about it happening, but potentially, you could be questioned and detained. At the minimum, at your asylum interview, you will need to explain why you returned (with evidence – so get her medical records or a letter from her doctor) and how you stayed safe while you were there. I have one case where the person returned for a visit, and that case was denied, so be aware of the risk (though of course, you need to balance that with the need to see your mother, which is obviously very important). Take care, Jason
Hello Jason, I just saw your advice in the previous comment: “For people with strong cases and long delays, I give advice that I would have a hard time following: Live your life as if you will stay here, since you probably will, and try to not think about the case too much.”. I do have a very strong case according to my attorney. I come from a country in the middle east where a brutal war is still ongoing. I was very politically involved, well documented, worked as FSN for the U.S embassy political affairs in my country and that is one of the reason for the risk I face. I was advice by the RSO in the embassy to not go back to my home country after I fled and reported my problems to them although they did not help. All is well documented. I have other colleagues here in the U.S and are facing the same problem and seeking asylum too. In total the case has very strong grounds. Now I have been waiting for a decision for seven months and did not receive anything. The USCIS say in their website udder Types of Asylum Decisions section that there is something called:
“Recommended Approval
We will issue a recommended approval when you are eligible for asylum but we have not received the results of required security checks. A recommended approval includes your spouse and children, provided that:
They are present in the United States
They were included on your application
You established a qualifying relationship to them
When a recommended approval has been issued due to pending security checks, you and your family members may apply for permission to work in the United States by filing Form I-765, Application for Employment Authorization. When we receive the results of the required security checks and you are cleared, the recommended approval will be changed to a grant of asylum (see ‘Grant of Asylum’ section above). ”
So why strong case like mine does not get a “recommended approval” if all what they are waiting for is a security check. A recommended approval would at least give me some peace of mind instead of living everyday thinking about what would happen. It looks like men from the middle east do not get this option. we have to wait for months or years to get a decision which according to you is very likely to be positive. Can you explain why the asylum office does not grant this recommend approval especially for cases that are strongly eligible for asylum where the evidence is strong. Have you ever discuss it with them on stakeholders meeting? Could it be that cases from middle eastern countries go through different procedures and is that even legal or constitutional in the U.S ?
I do not know why they simply do not issue RA letters in cases where the person qualifies for asylum, but the security checks are not done. Once in a while, we get such a letter, but usually, we just have to wait for the final decision. Also, you would think that a person who worked for a US embassy would have an easy and quick background check, but that has not been the case for our clients either. I do not know why. It may be that such cases go to headquarters for additional review, or to the State Department, and this causes the delay. You can always make an inquiry about the case, and if that fails, try a mandamus lawsuit (we wrote about that on October 2, 2018). Even if that results in your case being sent to court, that may be better than waiting forever in limbo. On the other hand, it does sound like a strong case, and so maybe you prefer to just wait for a decision. Good luck, Jason
Hi Jason, Im waiting for my decision since January. I come from Libya and my case is very strong. I face political prosecution by armed radical groups some of which are aliened with the government. Internal relocation is impossible since the whole country is in chaos and the government doesn’t control armed groups but aligned with them. Also it is not socially possible to relocate coz ppl ask about you and find out who you are and will be harmed. So now Im really afraid and Im having mental health problems as I didn’t get a decision. My case is strong. The harm I faced is reported and my political activities are documented and my colleagues from my organization were targeted and killed. They are even mentioned in State Department human rights report. 1- Is there anyway to expedite the decision? I just want peace of mind I had break down and was taken to emergency room. 2-Should I worry about the new rules? 3- did you work on cases from libya and what is you opinion?
1 – You can get evidence of the problem (such as a doctor’s letter) and submit it to the asylum office with a request to expedite the decision. You can find their contact info if you follow the link at right called Asylum Office Locator. It may not help, but you never know. 2 – Based on what you wrote, I do not think the new rules apply to you. 3 – I am not sure whether I did an asylum case from Libya, but your case is similar to other cases I have done, and based on what you say, it sounds like a strong and well-documented case, and so the likelihood of success should be high. The problem is the delay, and that is probably related to the background checks (and if that is the case, expediting will be difficult). For people with strong cases and long delays, I give advice that I would have a hard time following: Live your life as if you will stay here, since you probably will, and try to not think about the case too much. Of course, I could not follow this advice myself, but to the extent you can, it may help. Finally, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018 – that would force the Asylum Office to make a decision in your case. Take care, Jason
Dear jason,
Finally i saw Decision Mailed status online,
I want to confirm About the clock , Does it stop if its approval ,
Or if its running after decision is mailed is it a bad sign?
Some people here have said that if the clock stops, that is a good sign, but I am not sure about that. You have to wait for the decision to know for certain. Good luck, Jason
Dear Sir
I have pending Asylum case & have wife & 02 kids..
I got an offer to work out side USA as I dont have any work here with my engineering degree & dont have any more safe money.
Can I leave the country & hire attorney to move the case under my wife which she has cancer.
I have to leave to work to send to them money for her medicine.
Plz advise..
Thanks
Mike
You can leave. If you are the principal applicant, your wife will need to file a new I-589 so she can become the principal applicant herself. Any children under 21 can be included in her case. Children 21 or older must file their own case. It is best to file the new I-589 before you withdraw your case or leave the US, as cases must be filed within one year of arrival or meet an exception to that rule. As long as your family is under your case, they meet an exception, but once your case is done, they no longer meet the exception and could have their case denied for filing late. If they file before you withdraw your case, they should be fine. The filing procedure for a second case is different than for a first – check the I-589 instructions or talk to a lawyer. They have to file at the local office, and the local office often fails to do its job, and so it can be difficult to get the case into their system. An alternative for you might be to get Advance Parole, use that to leave the US and work, and then return before it expires. This is not a great solution, because AP only works for a limited time, and it takes months to get the approval to leave. But maybe it is an idea – I wrote about it on September 11, 2017, but talk to a lawyer about that if you are interested. Finally, if you plan to return to your home country, that could affect your family’s eligibility for asylum, and so you might discuss that with a lawyer as well. Take care, Jason
Dear Sir
Hope you are doing well.
I have asylum case under my name where in my case I have wife & 2 kids.
Our case still pending after the interview & I got work offer outside USA, where I have to go as there is no work in USA.
what will happen if I leave USA & keep my wife & kids here…do I need hire attorney to remove my name from the case & keep my wife & kids
Thanks
Dear Jason ,
Thank you for usual continuous support and I have a the following question to be addressed by you. Is it possible to expedite I -730 petition process? If so how I can do that ?
Regards
We have done that in the past (I think – it is sometimes hard to know, given that processing times are pretty random). When you file the I-730, include a letter requesting that the case be expedited (maybe highlight the request so USCIS sees it). You can include evidence of the reason for expediting – for example, if you have a sick relative, include a doctor’s note. If your family member is in danger, include a letter from the person explaining the danger. If you already filed the I-730, you can call USCIS at 800-375-5283 and request that they expedite (it may take some time to reach a human being, but eventually, you will). Once the case is at the embassy, you have to contact the embassy directly to ask for expedited processing. You can Google the embassy and find their consular processing email address. Some embassies are more responsive than others, but you can try. Take care, Jason
Thank you again for your help.
Hello Jason! I would like to ask you about a problem that a lot of people are facing right now which is the inability to drive unless one has an unexpired work authorization while the asylum is pending, which doesn’t really make any sense to me because my status is legal in this country whether or not I have the ability to work at the moment. So my question is, is there another document I can request from USCIS that can allow me to renew my drivers license other than the work authorization or receipt? My DMV office states that i can bring any paper from asks issued within a year, so that could be like fingerprint notice, but that already expired. It is costly and right now I cannot afford the 410$ and I have been denied the fee waiver twice. Thank you.
I do not know of any other document, and different DMVs may take different approaches on this issue. I agree that it makes no sense, but that is 80% of everything to do with immigration. Some states will issue a license even to people with no documentation, so you may want to look into that. Otherwise, you may want to talk to a non-profit about help with the fee waiver. I did a post with a link to a listing of nonprofits on September 22, 2016. Take care, Jason
Hello Jason,
Here is a question from one of my buddies, he is a green card holder and asylee, his family arrived after he has been granted asylum and they are also green card holders, somebody told my friend that he can apply for his family for citizenship rather to keep them on green card because they can apply for citizenship right now rather they wait for next five years, I m talking about his family not him. Is this right to do? Is there any law persists that an asylee can apply for the citizenship for his family when they arrive after his interview and application granted for asylum or he should keep the same status for his family and wait for the appropriate time which is generally 5 years.
Waiting for your kind reply
If he and his family members check their green cards, the cards will say “lawful permanent resident since” some date. A person who got asylum and then a GC can apply for US citizenship 5 years after that date (and they can mail the citizenship form, N-400, 90 days before the 5 year anniversary). Each person applies for citizen based on his or her date on the green card. I know of no other way to get citizenship for asylees. Take care, Jason
Thanx again for your helpful and prompt response
Hi Jason,
I have applied for My EAD c(08) renewal to the 2nd time (120 days before expired). I have received notice of 180-days extension. Now my EAD was expired two months ago.
Still my Case & EAD renewals are on pending. I submitted a form outside normal processing time.
Is that helpful to visit local uscis office? I’m so scared!
Thank you for your kind blog.
Renewals are going slowly, but you should have that soon. I highly doubt visiting the USCIS office will help. It sounds like you submitted the correct type of inquiry. Unfortunately, there is nothing really to do except wait, but it is most likely you will receive the renewal soon. One option, which probably takes too long to help, it to contact the USCIS Ombudsman – they sometimes help with delayed cases (a link is at right), but they are not very helpful, and given how renewals are working, you are likely to get the new EAD soon. 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
If you are talking about renewing an EAD based on c-8, you can do that up to 180 days before the old EAD expires. However, I recommend to people to renew 150 days early, as USCIS might reject the renewal if they think it arrived too early (and since USCIS makes lots of mistakes, this is a possibility). Take care, Jason
Greetings Jason,
Currently My adjustment of status is pending based on granted asylum and I have a medical emergency involving immediate family member.
Can I travel back to my home country for a week and come to US without any trouble ?
Would it be sufficient if I provide medical documents showing the nature of emergency?
You can do that, assuming you have a Refugee Travel Document or some other valid way to enter the US. However, there is some risk to your immigration status in returning home. You could be accused of fraud in the original asylum case. This is a bigger problem if you fear your home government (which presumably controls entry into the country) than if you fear terrorists in your country. If you return to your country, you should be prepared to explain why you went and how you stayed safe, and bring evidence, such as your family member’s medical records, to help you explain. Regardless, there is some risk and if you have an explanation/evidence, that will help reduce the risk. Take care, Jason
Hi Jason, I thank you for taking the time to read this.My case has been stuck on recommended approval for almost a year. Is there anything I can do to expedite my final approval letter?
The first thing is to contact the asylum office directly. You can find their contact info if you follow the link at right called Asylum Office Locator. If you have evidence about why you need to expedite, you can give that to them; if not, you can just ask about the status of the case. You might also try a USCIS Ombudsman inquiry. A link is at right. They can sometimes help with a delayed case. Finally, if nothing works, you might consider a mandamus lawsuit – we wrote about that here on October 2, 2018. Take care, Jason
Hello jason,
I hope you and your family would be fine and healthy by the grace of almighty,
I have some questions for you today,
1. I am a pending asylum applicant for last 3 and half years and filling my tax return every single year. My wife and two children are still in my home country. And I am sending them money for their living and day today expenses every month because my wife is a housewife and she doesn’t work and I have a daughter of 17 years and a son age 14, bother are studying and I have to pay for their education expenses as well. My family is living on monthly rental and I have to send them for their rent and utility bills as well.
2. Now the question is if I pay for them, can I claim them as dependents, in my tax returns?
3. I applied for their Individual Taxation Identification Number (ITIN) from IRS, but only recieved ITIN for my wife not for the children because as per IRS standards my children are not my qualifying children because if they are, they should live with me for at least half of the year with me in USA or they should have any schooling records in USA which they can’t present because they are not living here.
So is there any way that I can claim them as dependents and get a credit against my tax return or I would be able just to show my wife as a dependent not my real children because they are not Qualifying childer according to IRS standards?
Regards and waiting for your kind reply
Sorry, I do not know. You need to talk to a tax accountant about that. Take care, Jason
You can not claim them as dependent as they do not have SSN or Tax Identification Number. You can not claim a person dependent as they do not live with you for whole year.
Hi Jason,
Can anyone applied for advanced parole if he is on defensive asylum process.
I do not know if USCIS would grant that, but even if they did, you risk “self deporting” if you leave while you have a court case pending. You may not be able to re-enter the US even if you have AP, since you could end up with a removal order. I have heard about people leaving and returning, but there is a real risk that you will not be able to return. Take care, Jason
Hi Jason my asylum attorney expedited my case since 31 may but I never have interview appointments yet.the expedite interview takes long to be schedule ?my case is in Chicago but I am in Louisville
It varies, and so it is difficult to say how long it might take in your case. If you are at a sub-office (and you may be), you will have to wait for a time when they are conducting interviews there – I do not know how often they do that. Hopefully, it will be soon. Take care, Jason
Thanks a lot Jason .I hope they will send me interview notice soon.i will have interview in Chicago asylum office when I get the notice
Hi Jason. I have 3 questions. 1. My case is pending asylum. If I apply for advance parole, and it is denied. How it effects to my asylum application. 2. My green card application through eb3 is pending. How it effects if advance parole denied??? 3. When my green card interview scheduled at 3rd country, I have to leave USA. .but if I got any problem at embassy , can I reenter USA . By the way asylum application is still pending.Thanks
1 – Unless you lie about the AP, a denial should have no effect. 2 – Same answer. 3 – If you have a valid visa, you may be able to re-enter. If the visa is an H1b or an L, it should be ok, but if it is a B or F, you likely will have trouble re-entering. You can apply for Advance Parole as a back up plan, so even if the green card is denied, you can re-enter. I wrote about AP on September 11, 2017. But if you plan to leave the US to get a green card, you should talk to a lawyer to figure out how best to do that, as you do take a risk by leaving, and you want to minimize that risk. Take care, Jason
If I say , i need AP for green card interview. Is there any chance to get approval for AP
Maybe, but I do not know that USCIS will consider that a “humanitarian” reason. If you have a seriously ill relative to visit while you are going to get the GC, that may be a more effective reason. Take care, Jason