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download-225x300Jason 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

13,793 comments

  1. Hello Jason, I was interviewed for asylum about 8 months ago and now the asylum office sent me a notice to come for a second interview. I suspect that they want to clarify certain points or worse that they found inconsistencies and want to talk about them. My claim is LGBT claim and I come from the middle east. During the first interview, the officer asked me the question: have you ever been physically abused, and my answer was “No”. I said that not because I was never abused physically but because the abuse I experienced was not from the government or political armed forces and it happened long time ago when I was a child. So I though that the physical abuse I experienced was not relevant to my asylum. I also said no because it was hard to talk about painful memories. The truth is that I was physically abused. First I was physical and verbally abused by bullies in high school. Second I was physical abused in streets by older thugs. Third I was physically abused by my dad. The reasons for all these abuses were my physical appearance which is associated with being LGBT man. In the case of my dad, I did not want to vilify and demonize him in my application or interview because he supported me in certain ways.
    Now given what you know, do you think it is a good idea to re-visit the question in my second interview and talk about all the abuse I experienced. 1- assuming that they might have already identified inconsistencies and they want to clarify them. Do you think revisiting a question might be harmful?
    2- do you think my reasons for not talking in the first interview are convincing? Under this government and in this environment I don’t want to be accused of lying sir.

    Reply
    • Second interviews could be scheduled for many different reasons, so it may not be related to problems with the first interview. I think you can explain why you did not mention the past abuse – the explanation seems reasonable to me. I suppose they could use that as an excuse to find you not credible, but it seems to me that this would be very unfair, given your explanation. While I do think the environment is more hostile now, you are dealing with an individual officer, and most of them are still pretty good and they do follow the law. I would let them ask their questions and see what they want, but I would be prepared to answer and explain why you did not discuss the abuse at the first interview. Take care, Jason

      Reply
      • Dear Jason,

        My Asylum case was referring from USICS to immigration court. I am filling the I-765 to renew my EDA. I have a couple of questions if you can assist me with.
        1) Is my immigration status consider ( pending asylum) or something else?
        2) I do not have a date set for my individual hearing because last time the court reschedule my individual hearing day and I’m waiting for a new day to issue. If I am not mistaken the USCIS requires document showing my individual hearing date( and I do not have any as right now) along I-765 and other supporting documents.

        I appreciate your help,

        Reply
        • 1 – Yes, pending asylum. The same as it was before you were referred to court. 2 – If you do not have an order, maybe include a copy of the Notice to Appear and a copy of the latest order. You can write a note that you are waiting for the court to schedule your next hearing. Take care, Jason

          Reply
  2. Dear Jason,

    After waiting for three months after the USCIS approval of my I730 form and not receiving any notice from the NVC at last I contacted them yesterday. They told me they have already sent the case to the embassy in my country. I said they didn’t even sent us any NVC number or ask for documents that they were suppose the lady answered that it was a special case so they just transferred it to the embassy. And they gave me my NVC number to me. Do you know what does a special case mean? I didn’t ask them and now I am afraid that it may have problems. Have you had this kind of situation?

    Reply
    • I have not heard about that, and so I am not sure. Maybe give the embassy some time to see if they contact you about the case. If not, you can Google the embassy and find their contact info, and then you can try reaching out to them directly. Take care, Jason

      Reply
    • I thinking your case got delayed in processing that why they made it special case
      Which office your I-730 was approved and how long it took ?

      Reply
  3. Hello Jason, I had a prior asylum claim in Europe before coming to the US. That claim was denied by a court and eventually I decided to not pursue it in a higher tier court and returned to my country because the circumstances dramatically changed. I lived in my home country for few years and got involved in politics and now Im seeking asylum again in the US. The basis for the two claims are completely separated. I disclosed my prior asylum but I heard that it is really hard when you tell the US government that you applied for asylum in a different country. So in this case how would they judge my old failed asylum? By looking for discrepancies? By realizing that it has nothing to do with the current prosecution im facing? Is it really negative that I applied for asylum before?

    Reply
    • I do not think the old asylum case is a big negative now, as long as you explain what happened, provide the US government with copies of the old case (if you have them), and make sure there are no inconsistencies between the old case and your current case (or at least explain any inconsistencies that there may be). We have dealt with similar issues before and it has required some explanation, but ultimately, it did not block the person from asylum. Take care, Jason

      Reply
  4. Hell Dr Jason. I have a second interview coming up soon. I am expecting the worst. Maybe they found some inconsistencies or credibility issues or anything. I am confident that my case is strong but I have mental health issue that I feel impacted my first interview and still impacting me. I want to submit a report before my second interview from my psychiatrist about my mental health issues including anxiety disorder, panic attacks, intrusive suicidal thoughts and trauma. 1- How useful such a report could be? 2- how this report should be written my psychiatrist wants to know so she can make it useful like if they have forms or something?

    Reply
    • 1 – I think the report is useful to show trauma. It is probably less useful to “cure” any inconsistencies. Sometimes, we see reports that indicate memory problems, and clients want to use those to help explain why they did not remember certain parts of the case. I think such reports can help to some extent, though I do think officers are often skeptical of such reports. 2 – There is no format for such a report. I do think if you are getting regular treatment, it is helpful to say that. Some reports are created after one visit to the psychiatrist, and I think such reports are less useful than ones written by doctors are actually treating you for a problem. Take care, Jason

      Reply
  5. Hello Jason, in my first asylum interview I faced the question “have you ever been physically abused” and I answered “No” because I thought that only abuse committed by government or non-state political armed actors – is relevant in asylum case. Now Im invited to a second interview and I feel I wanna revisit that question and mention abuse I suffered because of appearances related to my sexuality including bulling in school, abuse from thugs in the street and even physical abuse by family members. A- How important mentioning these abuses when u also know that I have a strong case of political activism
    B- because I have credibility issues that Im trying to address and explain, do you think re-visiting that question might lead them to think that Im trying to embellish my claim by adding these details?

    Reply
    • A – I think you can mention these, but you need to explain why you did not mention them the first time. I do think this potentially creates a credibility issue. However, if the case depends on political activism, the other type of abuse you suffered may not be that relevant. B – How you present the abuse is crucial. Depending on what happened to you, it may have no impact on the case, and so they may not think you are trying to embellish. I think the key is explaining how you understood the question before, and if you think this abuse is not really relevant to winning the case, maybe you can say that – you want to correct the record, since these problems occurred, but the reason you are fearful of returning is due to your political problem. Take care, Jason

      Reply
  6. hi jason ,
    thanks for your help!
    i have a pending asylum case for almost 2 years now and my ead card and driving lisence is about to expire on october 27.
    i already apllied for renewel on june 27 and got a notice letter that the case is in process but still didnt get the card till today.
    my quetion is would i be able to renew my driving lisence only with the notice letter in case i wont get the card till than? if not what should i do ?

    Reply
    • The receipt for renewing the EAD should indicate that it extends the old EAD by 180 days. You should be able to use this to extend the license. If they refuse, ask to see a supervisor. Take care, Jason

      Reply
  7. Hi Jason,

    I got my EAD renewal card yesterday and I noticed that USCIS had my first name as last name and my last name as first name. The fault is from USCIS part and not mine coz I filled out the application correctly.
    My order of names on my old EAD is correct.
    my question is how do I get USCIS to fix the error, can I renew my drivers license with my new EAD even though my order of names is different from that on my drivers license ?

    Reply
    • I think the instructions to the I-765 cover this issue. You can find them at http://www.uscis.gov. I also think it requires you to mail in the incorrect card and then they send you a new one. How long this will take, I am not sure. You might be better off living with the card as it is, if the DMV will allow you to renew your license. If you can do that, it may be easier than trying to correct the error. Then, if you have to apply for another EAD in the future, you can note the error and make sure USCIS gets it right the next time. Take care, Jason

      Reply
  8. Dear Jason,
    Hope you are fine and doing well, we have been interviewed last year in April 2018 since than we are waiting for the decision. Our interview was held in saint Louis office and our case is in pending in Chicago office. Every time when we asked for the status they said it’s pending. We are quite disturb and upset do you have any suggestion in related to our case. If yes please share.

    Reply
    • You can also try inquiring with the USCIS Ombudsman – a link is at right. Sometimes, they help with delayed cases. Other than that, you can try a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason

      Reply
  9. Hi Jason ,

    I have Asylum hearing tomorrow (10/02) in Hartford , CT Immigration court . But my attorney is not responding until yesterday for finding an attorney near by Hartford , yesterday evening he sent the attorney details not even introduced . Already he postponed hearing on 06/04 & 8/15 due to he/his firm banned from Texas state bar association and also i am sharing link below for the reason . After that the firm moved to another guy Ahmad Law Firm , the firm was moved to somewhere no communication nothing . lot of attorneys are moved from firm and right now only Attorney Khaleeq Bilal only staying in a very small new office .
    when we asked Ahmad Law firm about my case , they are saying still your case with Bilal , i don’t know what can I do –one day before he sent the new local CT attorney but also my brother also witness in my case , he dint book the flight from texas to CT also he is on tour for his company –all of sudden he sent details yesterday before 24 hours hardly —

    what can I do now ? Can I request for postponement now or attorney can request 3 rd postponement because my brother is needed for witness strongly in this case .

    Also The law firm/attorney never discussed how they ask questions , how to answer all of sudden the new attorney calling me suddenly discussing about case just before 1 day before — is it fair or professionalism ?
    Please suggest can we call court or can we go court then what can I do for next steps –anyway i am not get ready for court hearing .
    Please suggest .

    https://www.justice.gov/usao-ndtx/pr/dallas-attorney-admits-running-marriage-fraud-scheme .

    Reply
    • This seems like a real problem. If you have an attorney in CT, that attorney is responsible for the case. The lawyer cannot just show up and say that it was another lawyer’s responsibility. I would bring copies of whatever evidence you have showing that the lawyer(s) failed to do their jobs – including emails, contracts, and a print-out of the link you posted above. Some judges will be more sympathetic than others in this situation, but you can explain that you were a victim of attorney malpractice and you can ask for more time. If you have some evidence about that, hopefully, they will give you more time. Good luck, Jason

      Reply
  10. Jason, in court, we have to support our case with reports from Department Of State, HRW, different media etc.

    In my case my hearing is in Feb 2020, how old should those reports be dated for IJ to consider them?

    Do you think regular websites will have some weight in considering the case?

    Thank you.

    Reply
    • We try to submit the newest reports, but if the older reports are relevant, submit those (for example, if you attended a political demonstration that was mentioned in the 2008 report, then submit the 2008 report, or at least the part of the report that is relevant to your case). Aside from human rights reports, you can submit other news articles from the internet or from other sources. Some news sources are more credible than others, but if you have evidence that you think will help, you should submit it. Take care, Jason

      Reply
      • Jason, thanks for the detailed information.

        Have a great day!

        Reply
  11. Hi Jason ,thank you for your help .i had my interview two weeks ago on Chicago asylum office and the officer told me he will send me a answer soon.my country is french country in Africa no Muslim .i want to know how long it could take to send me a decision ?je said I don’t need to come and pick up the décision .i am confused and I could not sleep anymore

    Reply
    • My husband and I came to Cleveland office (which belongs to Chicago) for interview on November 5, 2018. Still no mail, no email. no call.
      Sweet dreams 🙂 it can take much more time than 2 weeks.

      Reply
      • Try emailing them – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

        Reply
    • There is no time frame – it can be quick, but it can also take months, and so you have to try not to think about it (which is very difficult, of course). If there is no news in 60 days, make an inquiry, but hopefully, you will hear something before then. Good luck, Jason

      Reply
  12. Hello Jason. I’m gay from the middle east. my interview is scheduled in few weeks. Im thinking about how to respond to the internal relocation question. There is nowhere in my country where LGBT people are accepted and nowhere it is safe to be openly gay. Also in my country things does not work like America. Moving is not easy. People know each other and when you are not from the area it is even more dangerous. how can I explain these thing to the asylum officer and how convencing these reasons and are there any other reason for the LGBT people to fight internal relocation argument.

    Reply
    • The arguments you are making are arguments we often use in our cases. In community-based societies, when a new person moves to a new area, people will ask about that person – who is he, where is he from, who is his family, why isn’t he married? This could be very dangerous in an LGBT case. You can explain that. You can also suppose your claim with reports about your country. Once good source for LGBT cases is Immigration Equality, but any of the major human rights report (State Department, Amnesty, Human Rights Watch) will probably be helpful. Also, if there are relevant newspaper articles or letters from people who know about conditions there, or local LGBT organizations, all such evidence would be helpful. Take care, Jason

      Reply
  13. Hello Jason, normally does the asylum office assigns cases to officers? do they have like geographical specialties like officer A handles cases from the Middle East and North Africa and officer B handles cases from South East Asia. The last thing I want is an officer who does not know the country or the region.

    Reply
    • Some officers are supposedly trained in certain countries, but I have found that this is not always the case. If there is something you want the officer to know about your country, you should submit some evidence about that, so they are educated about the country. Take care, Jason

      Reply
  14. Hi Jason,

    Would you plz answer my question.

    I’m an asylum seeker (pending application) here at US. I have social sec and very good credit score from my bank. I have work permit though

    Can I finance a car, taking a loan and let my bank finance even though my asylum application still pending, or I cant finance the car b/c im not citizen yet.

    Plz put some light on that.

    Thank you so much

    Reply
    • I do not know about this – maybe someone else here knows. I do think some banks are better than others about giving loans to people with pending asylum cases, so you may have to show around until you find a bank that will help. Take care, Jason

      Reply
      • I am an asylum seeker too and I have financed a new car from Toyota fiance just in 2 months from the date I got my EAD with out any credit history, but with a higher APY(18%).

        Reply
    • No worries. I bought house with mortgage. I have many credit card Also I got a car with auto loan 2 years ago. Some banks say we are not able to give you loan. But this is just their policy. If you need help about mortgage I can give you some info.

      Reply
      • Dear Asyle, Please share how you managed mortgage.

        Reply
        • 2 years work history and maximum %45 of your monthly income for all your monthly payments. As well as good credit score and history. Also some funds in a bank for 3 months bank statements .

          Reply
    • Yes you can finance a car , get credit cards, finance home as well . Present your EAD with SSN. They need to know your monthly income. Depending on your income and credit score APR will be settled.
      Thanks

      Reply
  15. Hi Jason, the asylum office interviewed me long time ago but I didn’t get any decision. In a recent inquiry that I made at the office, they gave me a second interview notice because they said they need a second testimony but they canceled the second interview later. They didn’t schedule me for another re-interview. What can I do? I was planning to file a lawsuit against them because of delay but now I have too wait again for a second interview. Im stuck in limbo and not sure. Also i feel my lawyer is not being active.

    Reply
    • You should contact them again and inquire about the rescheduled interview. You can still file the lawsuit, and it may get you a second interview faster, but I would inquire first, and hopefully that will do the trick. Take care, Jason

      Reply
  16. Hi Jason ,
    I would like to share with you my story and I hope we find a better solution , ” BTW I TRULY APPRECIATE YOUR AMAZING AND OUTSTANDING HELP”.
    I’m 31 years old male from Syria specifically Aleppo , – Single , Physician , Came to America to do Residency in Internal Medicine , TPS Granted , applied for an Asylum in 2013 , did the Fingerprint , since then got no reply , my Asylum office is in New Jersey , have been waiting for all that time , What should I do ?! I called my attorney and he offered me to sue the government to expedite this 6 years process !! , please advise me if anything would help me , BTW I already have an EAD from the TPS , do you think it’s ok if I applied thought the Asylum to get a new EAD since this one is about to expire .. Please If you have any helpful things I can do please share , never broke any immigration laws ever, didn’t even overstayed my visa , I got my Visa extended normally then when the US government issued a TPS designated for Syrian I applied and granted it , BTW , my mom is American Citizen and I have 2 other sisters who are citizens as well .. Appreciate your help

    Reply
    • If you have not yet been interviewed, I think a lawsuit is not the best choice, at least not yet. First, you should try to expedite the case. Unfortunately, the timing is bad – the NJ was moving pretty quickly, but about a month ago, they announced that they would shift most resources to the border. This means they have now slowed down (at least this is what I think – we have filed some cases there and are waiting to see what happens) and so it is probably not a great time to try to expedite. I wrote about expediting on March 30, 2017 – you can still try, but maybe if you wait a bit, things there will speed up again (who knows?) and that would probably make an expedite request more likely to work. You might also explore other options – your mother can file a petition for you. The wait time is maybe 8 years (I forget – but you can Google “DOS visa bulletin” to see the wait time). While that is long, and you may be required to leave the US to get a green card, it may be worth having that case filed, so it will be there if you need it. Your sisters can also file for you, but the wait time is even longer. Otherwise, you might speak to a lawyer to review any other options, such as EB-2/NIW, which we have done for doctors/researchers before, though you still may need to leave the US to get the green card, which may or may not be possible. Take care, Jason

      Reply
  17. Hi Jason, I have a question
    I applied I-730 for my family 9.5 months ago after 3 weeks of getting decision
    Online clock showing 8 to 10.5 months for Nebraska office now it has been changed to 9 to 11.5 months
    I tried expediting twice with the gap of 5 months but they denied
    I am thinking to go Nebraska office to enquire personally, can it be beneficial by any means or not ?
    Processing times website says you can submit out of processing times request if your receipt date is already passed
    Please advise me on it
    Thanks

    Reply
    • I think there is no way to inquire with the office in Nebraska, as I think it is not open to the public (but I am not 100% sure about this). Unfortunately, the system is slow, and there is usually nothing to be done. The post processing times are usually accurate, and so probably you will have a response from them soon. Maybe you want to call and try to inquire about the case (800-375-5283) but given that it is still within the posted processing time, I doubt you will learn much. On the other hand, there is no harm in inquiring. Good luck, Jason

      Reply
  18. Hello Sir, Im from Iraq and I worked at the U.S embassy in Baghdad for many years as FSN. My first asylum interview happened long time ago and it went well. I was expecting a decision but the asylum office called me for a second interview and the officer was interested in an incident: when I was student during the Iraqi war in 2003, the Saddam Hussain Regime took us from the University to some government headquarters to use us as human shields against the bombardment and to show that ppl support the regime. You can’t refuse because they might kill you or put you in prison. The asylum officer was interested in those incidents and what happened during those demonstration and if I said things against the U.S. Basically he was trying to entrap me and make me enemy of the US and make look like I lied about those things despite the fact that I disclose them. I provided faithful service for the US government and my life is in danger because of that. Can he establish asylum bar against me or deny me despite my work for the US government ? Please tell me all the possibilities and the worst scenario that can possibly happen

    Reply
    • For some reason (which they deny whenever I’ve asked about this), the asylum office seems determined to deny asylum to people from Iraq. This fits the pattern that we have seen. However, I do not see that attending a demonstration or being used as a human shield would result in a bar. I wrote a post about this on February 27, 2014. If the wait is too long, and you have made some inquiries to the Asylum Office, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. That should at least get you a decision. If the case is denied, you will be sent to Immigration Court, where you can present the case to a judge and where the environment is generally better for Iraqi cases (though of course, this varies by judge). Take care, Jason

      Reply
      • Hey Jason, is this a new thing? Denying asylum to people from Iraq?

        Reply
        • It is not new, but I have noticed that cases from certain countries are more likely to be denied, even though they qualify for asylum. The asylum officers I have spoke to tell me that there are no special rules for Iraq or Syria, but I have noticed this problem for years. Not all cases are denied, but such cases are more likely to be denied than a similar case from a different country. Take care, Jason

          Reply
  19. Hi Jason, Im in a very critical situation and I need your advice. In January 2011 when the Arab spring started in my country Egypt I fled to the United Kingdom where I applied for asylum. My asylum was rejected by the UK government because there weren’t convinced that the Egyptian government was after me and they doubt it my credibility. Later in a court of appeal, a judge denied my case because the circumstances changed in Egypt, and he didn’t give weight to some evidence and the regime was gone. I eventually decided that I didn’t wanna pursue the case any further. I withdrew my case, got visa extension and waited few months and voluntarily left back to Egypt because the regime I feared was gone. I got involved again in politics and now I have problems with the current dictator in Egypt. I applied for asylum here in the US last year and I fully disclosed my previous case in the UK although that case was under completely different circumstances. I gave USCIS all the documents regarding that case so they know that the old case was different, based on different grounds and fully denied and determined. However in my interview I failed to disclose certain incidents that happened back then in 2011 under that case, like that I was forced to support the government or that a bribe was paid so I can leave the country. These incidents have nothing to do with my current asylum claim in the US and I even forgot about them and didn’t feel they were relevant, but they are stated in my old asylum documents in the UK (which I already gave to USCIS). So it is likely that the asylum officer found those inconsistencies.
    Now the asylum office wanted to schedule a second interview and they said it is regarding your old case. I doubt that they need more info since I gave them thorough information. they are very likely wanna talk about inconsistencies.
    A- do you think the outcome of my old asylum case and especially the accusations by the UK government of lack of credibility could play a role here even when this case has nothing to do with the old one?
    B- Given that there is extensive evidence to support all my current problems with the Egyption gov and my political activism (Im a prominent activist and even the State Department invited me to some programs before ), why an asylum officer will ignore all that and try to go after me based on some small inconsistencies or details I failed to mention?
    C- Is the second interview a good sign? Meaning they are trying to grant me but they need some explanations or they want to deny me and want some reasons?
    D- what is the best way to bring back the focus to the core of my current case which is very strong rather than some marginal things?
    E- would a judge be convinced that I don’t deserve protection because I forgot to mention certain things, coz if I wanted to lie about that old case I wouldn’t have provided them with all the documents. It’s like I gave them all the documents on that case and now they might be using some of the information in those documents against me.
    F- Any advice for the second interview because my probono lawyer is not providing any valuable advice?

    Reply
    • A – Maybe. I think you should be able to explain the reasons why they found you not credible in the UK. B – I doubt small inconsistencies will be fatal to the case, but if the officer wants to be a jerk, they could provide a basis to deny the case. For this reason, be ready to explain them. Of even better, prepare a supplemental statement (and maybe evidence packet) to submit to explain anything that was missed or that you think should be explained. It is often better to bring inconsistencies and other issues to their attention, rather than wait for them to ask you about them. Bringing it to them first might help show you are credible. C – At least it shows that they have not yet decided to deny your case; presumably, they could have done that without a second interview. D – I think you just have to let them ask their questions. They control the interview. But maybe submitting documents in advance can help with this. E – Most judges would probably not find this to be determinative, but it depends on the judge. F – Review the first interview and what happened. Review the whole case as you did for a first interview. Also, I wrote a post about interviews on September 8, 2016. Maybe that would help. Take care, Jason

      Reply
  20. Hi Jason,
    My employer is offering to help me sponsor my green card but I have a pending asylum application, it’s been pending for years. Is this possible?

    Reply
    • In most cases, that is not possible, but there are exceptions – you should have a lawyer review the specifics of your case to see whether it might be possible. Also, I did a blog post about this issue on August 28, 2018. Take care, Jason

      Reply
      • I understand I may have to leave the US for consular processing.If I were to go to another country, using Advance Parole do you think the 3/10 ban rule could affect me?Or in the event I was denied the Visa,would no just come back to the US?

        Reply
        • If you have AP, you can re-enter the US even if you have a 3 or 10 year bar to returning. However, the 3/10 year bar would probably block you from returning with a green card based on employment or family. In other words, returning under AP is not impacted by the 3/10 year bar, but returning any other way is probably affected by the 3/10 year bar. Talk to a lawyer to determine what your options are. Take care, Jason

          Reply
  21. Hi Jason ,thanks for everything.i had my interview and the asylum officer told me they will post me the decision.i want to know how many week or month it takes to send decision for the person who have request interview because of their wife situation in their country ?it could taken long ?

    Reply
    • My inter was on 1st and and got approval on 17th (date on approval letter was 9th) last year
      Best of luck

      Reply
    • It is not predictable. But for our cases, men from Muslim countries tend to be slowest (sometimes, waiting years). People from non-Muslim countries usually get decisions in a few weeks or a few months, but there are exceptions. I would give them a couple months, and if there is no news, contact them to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
      • Thanks but I am from west Africa French country.i was going on interview by my attorney request and they told me in few week but I need to wait for that.my interview was in Chicago asylum office on September 10.

        Reply
  22. Hi Jason,
    If a someone enter with J Visa and apply for asylum. Will that person need to waive the 2 years physical residence after his J1 expire or the asylum status is a new statut that did not take in consideration your previous J1 status?
    Thanks,

    Reply
    • If you win asylum, the two-year home residency requirement is automatically waived. I do not remember the cite, but it is in the regulations, and we have applied for a GC for former J-1 people who won asylum and it is not a problem. Take care, Jason

      Reply
      • Thank you Jason,
        Does That means we should not worry about trying to waive it now ? because we applied for asylum 18 month ago and the case is still pending no interview yet.

        Reply
        • The only reason you would need to do a waiver is if you have some other way to stay in the US besides asylum. For example, if you can apply for a GC based on your job, you would need the J-1 waiver. Take care, Jason

          Reply
  23. Hi Jason, thanks for everything you do and this amazing help that is your website.

    I submitted my petition for asylum a year ago and I am currently in pending status. I recently married and my husband’s case is also pending. I would like to be included in his case and drop mine. Is that a possibility? and if so, what should I do so they close out my case and include me in my husband’s. He has a much stronger case than mine since I also possess citizenship to another country. Thank you very much for your time.

    Reply
    • It may be more trouble than it is worth to try to do this, as it can be very annoying to add a person to an existing case. It may be easier to wait until one of you gets the interview, and then contact the asylum office to tell them that you are a married couple and ask for the interviews to be combined, or tell them that you want to withdraw your case at that time (and submit any additional evidence, including evidence of your marriage). However, if you want to get added to his case, you can try. I think you would need to contact the local Asylum Office and ask them about the procedure. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  24. Hi Jason, I was interviewed by the asylum office about a year ago and didn’t get any decision. I come from a Middle Eastern county and my case is strong, long and complicated . But Im expecting the worst which is that the asylum office is trying to find basis for asylum bar in my case. 1-So what would the asylum office do if they do find a basis for a bar? 2-What would the asylum office do if they believe that there might be basis for a bar but not sure that ?3- what would you advice me as an applicant when the asylum office is not telling me anything( should I wait years to get an asylum decision that might never come or what)? Im very confused

    Reply
    • 1 – If they they think there is a bar to asylum, they will refer the case to court (assuming you are now out of status). I wrote about that on March 7, 2018. 2 – Probably, there will be a long delay while they investigate (or just sit on the case until they have time to investigate). The issue is that delays are very common, especially for men from Muslim countries, and so you do not know if this is a “normal” security check delay or a delay related to a bar (or something else). You can inquire with them – you can find their contact info if you follow the link at right called Asylum Office Locator – but it is unlikely they will tell you the reason for the delay. 3 – Make inquiries every 3 or 4 months. If you can, go in person. You can also try the USCIS Ombudsman (a link is at right). They sometimes help with delayed cases. Also, if all else fails, you can try a mandamus lawsuit. We wrote about that on October 2, 2018. Take care, Jason

      Reply
  25. Hi Jason, I have been receiving different information from my asylum office after my interview. I applied for political asylum and I have been heavily involved in the politics of my home country since the Arab Spring in 2011. After nine months of waiting for the decision, I went to talk to the supervisor at the asylum office and she made me wait like 30 mints while looking for my case then came back and gave me re-interview notice. She said all they need is a second testimony to move forward with my case. Later, two days before the re-interview date, the asylum office called my lawyer to cancel the second interview and said they are still working on background check and concerned about a previous asylum case in Europe that happened under different circumstances and was denied and later I withdrew it. A month later, I went to the Asylum office and they said they canceled the second interview because of availability and will reschedule soon.
    1- any insight on why they don’t seem organized ?
    2- why the Asylum office would delay my case because of a previous asylum case that happened under different circumstances. When the Arab spring started in my country I had to escape my regime. I applied for asylum in Europe and my case was rejected by the government and then by court. Because the circumstances changed when our dictator gone in 2012, I withdrew my case and received visa extension and left back to my home country and became involved again in politics. Now I had to escape again because Im threatened. I provided the asylum office with extensive information regarding that old asylum case (application, interview transcript, deniel letter, court determination, case withdrawal and visa extension). A thicK file of more than 400 paper. After all, this case is not relevant to my new situation. Im very surprised that despite extensive information they still want more?
    3- Three months after my interview, I sent an updated statement. The update was that armed men in my home country identified themselves as military intelligence came to ask for me in my home. My lawyer sent an updated statement by fax regarding this situation and I said what I know in the statement. Do you think this could trigger a second interview? Any insights
    Thank you Jason

    Reply
    • 1 – Yes, because they are not organized. 2 – That is hard to know. Maybe they are looking for inconsistencies or issues that might be the basis for an asylum bar. Or the delay could be because background checks are not complete and so they felt that a second interview would not be productive at this time. Delayed background checks are a very common reason for delay, especially for men (and some women) from Muslim countries. 3 – Maybe, but if you were already in the US, it would only really matter if they had planned to deny the case, but now this new incident causes them to grant. On the other hand, giving them new info might require more time for then to review, and maybe that contributed to the delay (though for what it’s worth, I think you made the correct decision to update them about the new info – it is relevant to the case, and if the case is referred to court, it is better to have this in the record). Take care, Jason

      Reply
  26. Hi Jason,

    Thank you again for your time!

    I have applied for asylum in 2015 and have not been scheduled for an interview yet, I am here in the USA with my wife and my kids and I am over 30 years old.
    My father is a US citizen and he is planning to apply for a petition for me.
    Do you think that can affect my asylum case by anyway? And How long does it take to get the GC?

    Many thanks!

    Reply
    • I wrote a blog post about such sponsorship on August 28, 2018 – maybe that would help. You can check the wait time for your father’s petition if you Google “DOS Visa Bulletin”. My guess is that the wait is at least 8 or 9 years. Also, probably you would need to leave the US to get your own GC. There are exceptions, and so if this seems like an option, talk to a lawyer to see what can be done. Take care, Jason

      Reply
  27. Dear Jason,
    I am applying for adjustment of status and simultaneously I want to apply for Travel Refugee Document. However I already have one and it expires on December 5. I am planning to travel at the end of December. Can I apply for the second Refugee Travel Document from the end of December or I have to wait until it expires?
    Thanks in advance.

    Reply
    • Unfortunately, the process has slowed down, and so I do not know whether you will get a new RTD by December. If you want to apply to renew the RTD, and the current RTD is still valid, I believe you need to mail in the original, unexpired RTD with your application for a new RTD. I have not done that in a while, so double check the instructions. Also, try to be flexible about the travel in case the new RTD does not come on time. Take care, Jason

      Reply
      • Dear Jason,
        Thanks for your reply. I am planning to send them a copy of my old RTD which will expire at the beginning of December. Do you think I should send them the original as well? Also in the instructions it says that if I am filing I-485 form simultaneously with the form I-131 I do not need to pay the RTD fee. Does it mean the biometrics as well or only the USCIA fee? I mean I am going to mail the two forms together and do I need to pay two different biometric fees or only one?

        Thanks in advance.

        Reply
        • If you are filing the I-485 and pay the fee, and you simultaneously file the I-131, you do not need to pay any additional fee (besides the I-485 fee). I do think you need to send the original RTD if it is not expired, but check the instructions to be sure. Take care, Jason

          Reply
  28. Hello
    Is it advisable to purchase a house before your asylum has been approved/denied.
    I applied in 2016 and have not been called for an interview yet, and we are considering buying a house.
    Thank you

    Reply
    • People do that, and it should be fine. Normally, if you lose your case, you have time to make an orderly departure from the U.S., including selling your assets. However, sometimes, bad things happen, and so you should have a plan about how to sell the house if you have to leave quickly. This might involve setting up a power of attorney with a trusted friend or family member, who can help you in the (unlikely) event that you are quickly deported. Take care, Jason

      Reply
  29. I have court day coming up it’s individual so what’s you tips ?for me
    What’s most common mistake everyone FALL in, in General should be avoid ?

    Someone was asking about collection credit card Is that’s has impact in case ?
    Thank M.R Jason

    Reply
    • I wrote a post about this on August 27, 2019. The most important thing is to be prepared for the hearing. I plan to do another post about the Individual Hearing, and I hope to have that up in the next couple weeks. As for credit card issues, I have never heard of that being a problem, but if you think there is an issue, maybe have evidence available to show you resolved the problem, but unless there is a criminal issue, I doubt it will be a problem for you. Take care, Jason

      Reply
  30. Hi Jason,
    Thank you very much for your good work.

    I’m a derivative asylee about to finish one year requirement to adjust the status. My question is
    1. Is it advisable to have a counsel (attorney) with the current situation (USCIS) to file for adjustment of status?
    (Attorney is asking almost 2k to adjust the status)

    Or Can I file I-485 petition by myself ?

    2. Do you think I will be scheduled for an interview to adjust the status?
    FYI I already had a interview for my I-730 petition.

    Reply
    • 1 – It’s up to you – the main thing is to make sure anything you submit now is consistent with the documents and information submitted before (at the asylum office, the I-730, and anywhere else you submitted info, such as a visa interview). Two thousand is probably a fair price, as long as you trust the lawyer. 2 – Supposedly, they are interviewing asylee dependents when they adjust status, but I am not sure whether they are actually interviewing everyone. Take care, Jason

      Reply
  31. Hello,
    Have you ever worked with J-1 visas?
    I’ve read multiple USCIS AND CBP policies and they say, that J-1 status with ”D/S” in his I-94 collects unlawful presence only if USCIS officer denied or canceled his status while adjudicating another Immi case or if IJ made a deportation/cancel and etc. Order! My question is who and how can check this for me? I’ve filed an asylum case 7 months later, I was out of status, but if I haven’t accused any unlawful presence I may be illegible for an AOS under work and other…. it bugs me a lot, cause I don’t wanna lose this chance if I have it!

    Reply
    • An attorney can research that for you, but generally, for D/S people, unlawful presence exists only if the US government determines that there was an end date to your lawful stay. The embassy could do that, or USCIS. For purposes of AOS, unlawful presence is usually not an issue, since it is only triggered once you leave the US, and so it would affect consular processing, but not normally AOS. In terms of getting a GC based on employment if your status has expired, I wrote a post on August 28, 2018 that might help, but you would need to have a lawyer evaluate your situation and explain the options for your specific case. Take care, Jason

      Reply
      • The problem is that if I’ve filled an asylum case, i didn’t maintain the valid status, so 98% i have to go for consular processing over the seas and this is where we trigger 3/10 bar and this is where my unlawful presence kicks in right?

        Reply
        • That is correct, but it becomes tricky for people who had D/S on the I-94. My guess is that you will need to go overseas (which may not work if you have a 3/10 year bar), but there are exceptions, so it may be worthwhile to have a lawyer review the case. Take care, Jason

          Reply
  32. I have court day coming up it’s individual so what’s you tips ?for me
    What’s most common mistake everyone FALL in, in General should be avoid ?

    Someone was asking about collection credit card Is that’s has impact in case ?
    Thank M.R Jason

    Reply
    • Hi Jason . I have pending asylum case since 2016 . Also I got approval i-140 based on employment and now national Visa center needs to send my documents to a us embassy. I said I can’t go to my home country. And they said you need to contact embassies by yourself and get letter to continue process. I sent email to embassies near US but just Canada responded. However they don’t accept. At least I have to be residence of Canada.

      I need help from you. Do you have any idea which embassies accept 3rd country nations at their embassy?

      Reply
      • I don’t know about this. I think you need to find a lawyer who does employment and consular work to help you. The lawyer needs to explain to you all the steps and make sure you are eligible to get your GC at the embassy. Take care, Jason

        Reply
  33. Hi Jason, i have 2 questions:

    1. I have a collection and this one can be problem for me when I apply asylum?
    2. I know it is so hard these days but does anyone from Arlington office called interview in a few weeks after apply asylum? Do experience such a exceptional situations?))

    Reply
    • 1 – I am not sure what you mean. If you mean a “conviction”, that could be a problem for an asylum case, depending on the conviction. Talk to a lawyer about that, as it could block you from asylum. 2 – Supposedly, some cases are still being called, but I have not had a case there in a while, except for expedited cases. Take care, Jason

      Reply
      • 1. No, it is not a conviction. It is a normal credit card collection that can be solvable issue with creditor.
        2. If they still call interview in a few weeks after apply that sounds good. Anyone have any news about this issue?

        Reply
        • I have court day coming up it’s individual so what’s you tips ?for me
          What’s most common mistake with everything in General should be avoid ?

          Someone was asking about collection credit card Is that’s has impact in case ?
          Thank M.R Jason

          Reply
          • I did a post last week about preparing for the Individual Hearing – maybe that would help. I plan to post about the Individual Hearing itself, but that may not be for a few weeks. My guess is that the most common mistake is not preparing properly for the hearing, and the post I did last week addresses that point. As for credit card collection, I have never seen that as an issue, so long as there are no criminal or arrests issues. Take care, Jason

      • Dear Jadon,

        I’m an asylum applicant since 2012, however my asylum case referred to to immigration court in 2014. I had my Master hearing. Then i had my individual hearing but we did not fished the testimony so the judge set for 2nd individual hearing. And before one day of the 2nd individual hearing the court cancel it because the Judge was sick. They did not schedule yet for the new 2nd individual hearing date but My attorney told me that the clerk of the court said that probably they will schedule me in 2021 or 2022. It’s frustration and I don’t know what to do. I just lost hope… Any suggestions please ? My concerns

        1- will the new Tramp rule of denying cases for people who have been in 3rd country will implicated to my case even thought I apply to Asylum in 2013? Before I came to USA I lived in 3rd country before i move to USA

        2- Also will the delay will weaken my case when I get for the 2nd individual hearing.

        Please help me what you think I should consider.

        Regards,
        Sami

        Reply
        • 1 – It will not affect. It is only for people who entered the US after July 16, 2019. 2 – There is no way to know. It would depend on whether your country changes or your personal situation changes. If you are concerned about the wait, your lawyer can maybe file a motion to advance. I wrote about that on April 20, 2017. Take care, Jason

          Reply
          • Thank you dear Jason

  34. Hi Jason, I appreciate you time and efforts towards Asylees
    I had applied I-730 back in Dec 2018 for my family it’s been 9 months but no reply, I tried expediting twice but they denied the request
    Today I found one mistake in my I-730, I put the embassy near to my house in my country but now found that only deals in NIV
    Is that a issue ? My country has two embassies one deals all cases
    Do they transfer automatically to other embassy or any other action do I need to take
    Thanks

    Reply
    • If you have the receipts for the I-730 forms, you should be fine, though such cases are seeing longer delays than before. As for the embassy, I think this will not be an issue. If that consulate does not do I-730s, they will schedule your family at the appropriate consulate. Take care, Jason

      Reply
  35. Dear Mr. Dzubow,
    It’s been exactly one year since I had my interview in Arlington asylum office. Still waiting for decision. I don’t know why it’s taking so long. Made email enquiry twice and got replied after a month later saying that my case in process of making a final decision at their office. It’s been 4 month since I got that email from them. Still waiting. I’m so frustrated. So tired of waiting. Do have any idea how long this wait will continue?

    Reply
    • Such delays are (unfortunately) pretty common. You can make an appointment and go in person to ask – follow the link at right called Info Pass. If you cannot do that, you can email them again. You can also try the USCIS Ombudsman – they help with delayed cases and a link is at right, or a mandamus lawsuit, which we wrote about on October 2, 2018. Take care, Jason

      Reply
  36. Hi Jason,
    You help me a lot in past. Thank you so much.
    As an Asylee, In what circumstances we can go back to home country for a short period of time like for a week? What documents we can provide to USCIS so that we can easily reenter to US. I dont have green card yet. Can I travel alone to home country with Refugee Traval document. Also my wife and daughter is included in my case.
    Its been now 8 years, i want to meet my parents. My father is sick and I want to meet him.
    Please reply
    Thank you so much

    Reply
    • Typically, you would go with your passport and re-enter the US with the RTD. However, if you go, you risk losing your asylum status, even if you have a good reason to go. It would be better to see your family in a third country, if possible. If you go and return, have evidence of why you went (father’s medical record) and be prepared to explain how you stayed safe. Also, if you fear the government, how did you enter the country without being detained (if you fear a terrorist group in your country, it will probably be easier to explain how you stayed safe for a short trip). My guess is that you will be able to return to the US, but there is no guarantee. However, you could encounter problems when you apply for another RTD, a GC, and/or when you apply to be a US citizen, so you should always be prepared to explain the trip and hold on to the evidence, in case you need it. Take care, Jason

      Reply
  37. Hello Jason,
    Thank you for your time and for everything you are doing to help us.
    When someone checks his case status, Do you you know what’s the difference between ” Application Is Pending” and “Next Step Is an Interview”.
    When both of them have not been scheduled for the interview yet.

    Many Thanks!!!

    Reply
    • I do not know. The on-line system is a bit screwy and this is one of the quirks that I do not understand. It seems like they are the same thing, but maybe there is something internal that causes the different messages. Take care, Jason

      Reply
  38. Dear Jason,
    I have couple of questions about the I-485 form.
    1) Do I have to file the I-693 medical record form with my application or it is a procedure that takes place later?
    2) It says I have to file a Police Records, where do I get it from?
    3) They want a proof of 1 year living in USA, is the I-94 arrival-departure record enough or I have to send them other proofs and if yes what sort of proofs?

    Thanks in advance

    Reply
    • 1 – It is up to you. You can file it together (but make sure the medical exam is less than 60 days old when it is received by USCIS; otherwise it may be invalid), or you can submit it later when USCIS asks for it. 2 – If you have been arrested, you have to contact the local court and police office where the arrest occurred and get a copy of the documents. Most important is the “disposition” from the court, which says how the case ended. If you have no criminal record, you should normally not need this, but if you do, go to the local police where you live (and the local police office in every different jurisdiction where you lived in the US). They should be able to give you a paper saying that you have no police record. 3 – The I-94 is enough if you have not left the country. If you left and returned, get evidence that you have one full year of physical presence in the US (so if you left for one month, you have to wait to file the I-485 until 1 year and 1 month has passed since you got asylum). You can use a copy of your passport, your lease, tax documents, employer or school records, letters from people who know you, and things like this. Take care, Jason

      Reply
      • Dear Jason,
        Thank you very much for your replies. It really helped me a lot. I want to ask did I get it right if I don’t have any criminal records with the police do I still need to take a paper stating I don’t have any records or in that case I shouldn’t take anything?
        And one more question in part 2 immigrant category when it asks my underlying petition receipt number and the date is it the receipt number starting with LIN in the approval letter and the date is it the date when the application was approved?
        I would appreciate if you could help me with that.

        Thanks in advance.

        Reply
        • Normally, we do not send a criminal background check if there are no arrests, but there is no harm in doing that. As for the grant date, if the case was granted at the asylum office, the first paragraph of the letter lists the grant date. If it was granted in court, it is the date on the decision and order. Take care, Jason

          Reply
  39. Hi jason.
    My asylum application is pending. And I have renewal of my EAD in march.
    My question is, I have one daughter and her passport is going to expire in 2020. What should I have to do? I am from India.

    Reply
    • I do not understand what you need. You can file to renew your daughter’s EAD if you want, or if she does not need that, you do not have to. As for the passport, renewing the passport may have a bad impact on the asylum case or may need to be explained, but that depends on the case (it is usually much less of an issue if you do not fear persecution by the government of your country). Take care, Jason

      Reply
  40. Hi,
    After being referred to judge, the ead clock is not going up on uscis website. It says it’s pending but it doesn’t go up there. Is it normal?
    Thanks!

    Reply
    • It should still work, but the online system has had problems, so this is not very surprising. You can check the clock and your court date by calling 800-898-7180. Enter your Alien number into the computer, and you can push 1 for your court date and 2 for your clock info (assuming the case is in the Immigration Court system – sometimes that takes a few weeks or months). Take care, Jason

      Reply
      • Hi,
        Thank you for the reply, it was helpful. Phone call revealed that the online status is about 1 month behind the actual pending days.
        What happens on second master hearing? Is it the same with first master hearing?
        Thank you!

        Reply
        • It depends on why a second MCH was scheduled. Usually, the judge will schedule a final hearing, but it depends on what the judge needs or asked you to do at the first MCH. I wrote about the MCH generally on March 7, 2018. Take care, Jason

          Reply
  41. Hi Jason, I recently submitted myI-485 application based on asylum. I got a mail saying that my application has been received. Today I got another mail saying “USCIS has received your form and is currently processing your application, petition, or request. The notice informs you that you USCIS is able to reuse your previously captured fingerprints and other biometrics. USCIS will use the same security checks and use your biometrics data as in the past, however, it’s not necessary for you to appear at a USCIS application support center (AC’s) for a biometrics appointment. The biometrics fee will not be refunded”. Can you pls explain what’s this imply? Thank you!

    Reply
    • It just means that USCIS already took your biometrics (fingerprints and photo) and so they can use that information rather than requiring you to do it again. It is pretty normal, and it saves you the trouble of doing the biometrics again. Take care, Jason

      Reply
      • Thank you for the response. Do you know how long it would take to get the green card. I applied at the Texas Service Center

        Reply
        • It is not very predictable. You can check the processing times at http://www.uscis.gov, but we have seen such cases take between 8 and 14 months (that is my best guess, anyway). Take care, Jason

          Reply
          • I have court day coming up it’s individual so what’s you tips ?for me
            What’s most common mistake with everyone in General should be avoid ?

            Someone was asking about collection credit card Is that’s has impact in case ?
            Thank M.R Jason

  42. Hi Jason,

    Hope you doing well!

    i have a pending asylum and my individual hearing is in April 2021.
    My questions are:
    1) If i get married with US citizen then what would i need to do for my asylum application?
    2) If I wait for my individual hearing and the case is not approved and then I get married after the decision. what does law say about this?

    Thanks

    Reply
    • 1 – Assuming you are eligible for the green card, you may be able to get the GC based on the marriage. I wrote about this on August 2, 2018. 2 – It should still be possible to do that, but it may be better to start the process now (have him file the I-130 petition), as these cases take time, and the Judge may not wait for USCIS to process the I-130. Talk to a lawyer about this to determine the best strategy, as it may depend on the case and on the Judge. Take care, Jason

      Reply
  43. Hi Jason I received notice of interview for September 4 ,but August 30 they cancel it and said the officer who will interview me will be absent that day for other reason.so they will call me later to schedule another interview date .how many week it takes to be schedule me again?because they canceled it .

    Reply
    • Hi Joseph. Could you please share when you applied and which state?

      Reply
      • I applied since four years and my case is in Chicago asylum office .

        Reply
    • Typically, it only takes maybe 3 or 4 weeks, but that is hard to predict. In any case, you should be the first priority for an interview and so you should not wait long. If there is no news in maybe a month, you can email them to inquire. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
      • Thanks Jason .i will wait for their next schedule date.

        Reply
  44. Hi Jason,

    With the current time frames, if an asylee files for an adjustment of status,that is I 485, from New York ( after completing one year of grant ) based on the Judge’s approval, can you kindly tell me as to how to does it take to get a green card from the time of submitting the I 485 application. I mean how many months ? or more ?

    Thank you.

    Reply
    • It is not very predictable. We are seeing such cases (in general, not in NY) take maybe 8 to 14 months, but you can check the processing times at http://www.uscis.gov. I just think it varies a lot by case, and there is no real way to predict the time frame. Take care, Jason

      Reply
  45. Dear Jason,
    Thank you so much for your help. I have couple of questions.
    I am filling out my I 485 form and I want to ask you about something.
    My asylum was approved and I traveled outside of the USA using a
    travel document. However the country I went to didn’t accept the travel
    document and put the stamp in my passport. I came back with the travel
    document but again they stamped in my passport. In other words I used both
    of the documents. So now when I fill out the form they are asking how did I last
    enter the USA and I should either fill in the passport number or the travel document
    number. Which one should I fill in? When I check the
    I-94 form electronically it shows my passport number when I last entered.
    And I have one more question. In the instructions it says whichever field does not apply
    to you just put N/A however there are field that don’t let me put the sign /. If I just leave
    it a blank will that affect the outcome?

    Reply
    • It sounds like you last entered the US as an asylee using the RTD (maybe they stamped your passport, but you were allowed to enter because you had a valid RTD and asylum status). To be safe, you might want to include a copy of the stamped passport and stamped RTD. If necessary, you should explain why you used the passport (since the third country did not accept the RTD). As for “n/a”, one option is to write it in by hand for the fields where you cannot enter that. We do that when it is necessary. Take care, Jason

      Reply
  46. Hi, Jason thank you for everything you do i have a question will getting government benefits hurt my chances of getting a green card or becoming a u.s. citizen? I’m newly granted asylee.

    Reply
    • It would have no effect on getting a GC, as people with asylum are exempt from the public charge rules. I thought that was also true for people with a GC, but now I am not sure, and I need to review the recent change. In any case, for the time being, as long as you have asylum status, there is no problem. Take care, Jason

      Reply
  47. Hi jason…
    I am pending asylum. Waiting for my asylum office interview..
    I want to marry with my girlfriend. She is citizen..when she apply for me..what about my asylum application???

    Reply
    • Normally, I recommend that you keep the asylum case until you get the GC, and then withdraw it. I wrote about this issue on August 2, 2018. Take care, Jason

      Reply
  48. Hi Jason,

    I am a Christian asylee from Pakistan. I filed for asylum with the LA asylum office in March of 2016 and have not received an interview date yet. I am currently living in Phoenix Arizona. My question to you is that with a pending asylum case is it safe to travel across the u.s with a valid EAD and valid drivers license, My Visa and i94 expired 2 years ago. I have not left my city or state since 2016 and have not taken a flight within the u.s just to play safe. Can immigration authorities arrest you while you have a valid asylum case pending with uscis. What documents do you need to keep with yourself while driving from one state to another to show the immigration officials that you have a pending asylum case. Can they still arrest you even after you show them the asylum receipt and valid ead/drivers license.

    Reply
    • Hi friend. I have in same status. Nobody cares about you while you have just valid driver licence. I traveled almost 20 states. Police officers stopped a few times. They never asked me different than driver licences. Even in the airport or government buildings. So no worries you are legal.

      Reply
    • You should be fine. I know of no example where a person was arrested while taking a domestic flight (one exception would be if you have criminal convictions in the US or elsewhere). Take your EAD, driver’s license, and asylum receipts. Take care, Jason

      Reply
  49. Hi Jason,
    My wife used to have separate applications until before the interview with assylum officer started. Before the interview, the officer asked if we wanted to continue as one case instead of two separate cases. We decided to add my wife on my application and the case was later referred to Immigration Court as a removal proceedings. Then, we changed a new lawyer because the first one didn’t care about our case unfortunately. With the new lawyer, we decided to reapply for my wife separately because she has medically certified FGM case. We asked our new lawyer to file my wife’s case separately and expedite the interview sooner. Do you think my wife’s case would be accepted by the court? We are a little bit concerned if the judge would rejected because my wife already wrote a note and signed that she won’t apply for asylum again infront of the assylum officer.

    Reply
    • Your wife should be able to submit her own I-589 to the court and have her own asylum case (along with your case). The decision to combine cases at the asylum office should not bind her to do the same thing in court, but just make sure she submits the form and does her fingerprints (if necessary – it may not be needed, but since it is a new (or sort-of new) I-589, she may need to do them. Check with the lawyer about that. Take care, Jason

      Reply
      • Jason, thank you so much for your help. I appreciate!

        Reply
  50. Hello Jazon, thank you for your time. Please, permit me to border you with a series of questions.
    1) What Do I need to apply for work Authorization for my wife who just came into the USA under the Asylee Relative Petition Status after I was granted asylum?
    2) I am the petitioner( husband) so do I need to establish her social security card first before I apply for her EAD card?
    3) Again I applied for my Green Card over seven months now, is there any possibility for me to request for expedite to get my green card quickly?

    Thanks

    Reply
    • 1 – I think she should have completed ann I-765 already. If so, USCIS should mail her a form. If not, she can submit a form I-765, available at http://www.uscis.gov. Check the instructions for all the documents she needs. 2 – The I-765 allows her to request a SS card at the same time as she files for her work permit. 3 – You can call USCIS and ask (800-375-5283), or you can send them a letter. I do not think they will expedite, but there is no harm in trying. Take care, Jason

      Reply
    • Dear Ben,

      Can you tell me how long did it take for your wife to come after the USCIS approved the I 730 form?

      Thanks in advance.

      Reply
    • Hi Ben,
      Congratulations for your family
      My question to you how long it took to process I-730 and what was the procedure after initial approval from here
      I had applied for my family in dec 18 but still no reply
      Tried expediting twice but got denied

      Reply

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