Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Murray Osorio, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
Jason@MurrayOsorio.com
(202) 328-1353
Hi Jason,
I am on pending Asylum for last 4 years. Still waiting for an interview.
My mother is going to be a citizen in next year and she has already applied for me i-130- above 21 age child unmarried category.
i am planning to get married next year who is a F1 student . Getting married will change my i-130 category and make that process longer i believe.
my question is – is it possible for me to get my GC from my mother faster than Asylum ? if so how long will that take ?
do you suggest to wait toll that process before i getting married ?
Thanks
You should Google “DOS visa bulletin” and you can find the wait times for different categories. Also, even if the category is current, you probably have to leave the US to get your GC – I did a blog post about this on August 28, 2018, but you should talk to a lawyer, as each case is different. As for which is faster, I do not know. Asylum is taking forever and no one can say when your case will be done. On the other hand, getting a GC through your mother is also very slow and may not even be possible, depending on your situation. Take care, Jason
Hi Jason,
I am asylum pending. Recently I have applied for DV2021 and accidentally submitted the application without adding my wife’s information. On the other side, my wife applied to the DV2021 as married.
1. Does this have an impact on my asylum application status?
2. Or does this have any implication in case one of us wins the DV program?
You are fully free to add someone to your any application. If you don’t want you can skip it. But if you are married but you said single this might be problem. When? If you win DV lottery and apply. Otherwise there is no problem. Basically this is lottery nobody check your information until you win and submit the application. So don’t worry for now.
I have pending asylum case since 2015. I am going to 3rd country for consular processing. Do you think advance parole may help if something went wrong. Can I reenter USA?
For people who consular process in this situation, I highly recommend AP, as it will allow you to re-enter the US if something goes wrong at the consulate. I also highly recommend talking to a lawyer to make sure your plan will work, as not everyone is eligible to get the green card and return to the US (but at least if you have AP, you know you can get back either way). Take care, Jason
1 – I do not think so. If that ever came up at the asylum interview, you can explain the error. 2 – If you win the lottery, you need to find a lawyer, as I am not sure how that would affect you. Also, I am not sure whether you can correct your pending application. You might call USCIS at 800-375-5283, and if you can talk to someone there, you can ask about correcting the application. Take care, Jason
Jason. If IJ rejects the case what heppens next?
How many times asylee can dispute the case?
Unlimited times or is there a certain limit?
Many thanks.
I did a post where I discuss this a bit on March 7, 2018, but you can appeal to the Board of Immigration Appeals. That case can take anywhere from 6 months to a few years. If you lose there, you basically have to leave and you no longer have a valid work permit. However, you can file a case in the federal appeals court. If you do that, you can ask the court to “stay” or block your deportation for the duration of the case. You still will not have a work permit. Such cases take maybe 6 months to a year. If you lose there, you can try to go to the US Supreme Court. There are other things you can do as well – a motion to reopen if there is new evidence, for example, or in some cases a federal habeas lawsuit, but those are fairly rare. Take care, Jason
Thank you for your detailed answer
hi jason,
i got my asylum last year and now want to apply for green card but i have a problem and dont know what is solution, i used to work at gas station and one night in sting operation sell cigrate to minor by mistake. the office give me a misterminer ticke of $190. i paid the fine in 2017 and matter was over . now how i disclose this in my form i485 and do i need to put some documents with that and is there will any problem for me to getting my green card please reply me
You have to be very careful with criminal issues, especially these days. Get a copy of the “disposition” of the case (the final outcome). You can get that from the court, and you should have it certified by the court (stamped), as you will need that for your GC application. Before you apply, you should talk to a lawyer, as the interaction between criminal law and immigration law can be complicated and the consequences of an error can be a problem. In the end, I doubt this will block you (though you may need a waiver under INA 209(c)), but you should definitely talk to a lawyer to make sure you are safe. Take care, Jason
Hello Jason, I gay man come from the middle east and applying for asylum here in the U.S. I mentioned in my story some incidents where I was mistreated by police in my county. They were not physical harm but they were insults and vulgar language against me. In my interview, the interviewer did not talk about these incidents of mistreatment and humiliation. He was more asking about physical harm in the past. 1- So do incidents of mistreatment by police amount to persecution or can be seen as a reason for asylum or they are not that sever so they are not seen as that? 2-, does the fact that the interviewer did not mention the incident of mistreatment in the interview means he does not think they are important or that means they are well established and clear to him and needs no further clarifications?
1 – Such incidents could potential count as persecution, depending on what happened, but normally, persecution involves physical hard (but definitely not always). Certainly those incidents point to the fact that the government is probably unwilling to protect you from people who might harm you. 2 – Hopefully, it is the latter, but there is no way to know. In general, when an officer forgets or fails to ask about some point in the declaration, they give you a chance to mention it at the end of the interview, and so if you happen to have another interview, you can mention it. But here, I would not worry about it too much – it seems like this issue is more about the government’s failure to protect you from harm, and that is probably already well-established based on country condition info. So hopefully, this will be fine. Take care, Jason
Dear Jason,
Thank you so much for your time and effort in providing valuable information, your website helped clear many doubts i had.
I have few quick questions for you if you can please. I applied for asylum in Nov, 2017 and got my EAD and now my initial EAD is pending renewal(will expire in May, 2020) now
1. Can i apply for renewal 180 days within expiration day or it is 120 or 90 days?? the information on the USCIS website is confusing.
2. Are there any other required documents i need to include in application other than Copies of current EAD, recent i-94, asylum application acknowledgment receipt, Photographs and Money order?
3. Do you by chance can have a guess when would i be called for an interview on pending asylum??
1 – The time frame has changed. I believe it is still 180 days before the old EAD expires. 2 – Those are the main items, but sometimes additional documents are needed depending on the case (criminal records, immigration court order, etc). 3 – Unfortunately, no one can tell you. Take care, Jason
Hello Mr. Jason. I had my interview recently and the officer used leading questions with me. On one hand, it felt that the officer was trying to help me by giving me the answers but on the other hand some questions were like a trap. For instance:
officer: you have not been physically in Canada?
Me: No
officer:You received threats on social media
Me: no, i did not say that in my declaration
Officer: The security made threats to your family regarding you?
Me: No, they were aggressive and they searched my home but I was not informed that they made direct threats to my family regarding me
So some of the officer’s statements were false and it seemed like she wanted me to say Yes to some stuff that was not in my declaration and she made up or maybe she was confused.What do you make of this Jason? Have you witnessed this approach? and why did this officer used it?
My guess is that she was confused. I doubt she would deliberately try to trick you. You never know, but I have not seen that before and I really do not think an officer would do that. Hopefully, as long as you answered consistent with your declaration, there will be no credibility issues. Take care, Jason
Hi Jason, I was invited to a second interview and many questions were the same but the officer was different. I wonder if they expect the person to repeat the same answers in a robotic way. For instance, when asked about who is coming after me in the first interview, I said “I believe they are armed groups affiliated with the government” reflecting uncertainty by using the word “believe” because I was not in my home when they came. In the second interview, I said ” I’m not sure, they do not give their IDs or Badges but they informed my family they are security forces” . Both answers are correct. I said in my declaration that they told my family they were security and I also said in the declaration that I believe they are armed groups aligned with my gov. To what extent asylum officers play the game of words to create inconsistencies that they can use to deny the case? Please share your experience
I suppose an officer could consider those differences “inconsistencies,” but most would not. It is pretty common for a different officer to do the second interview. It likely means the first officer is no longer working there. The differences you mention seem pretty subtle and reflect different ways to basically say the same thing. Also, the first officer may not have written every word down verbatim, and so a comparison of such small differences would be a weak basis to reach a non-credible finding. And so hopefully, that will not be an issue for your decision. Take care, Jason
I received interlocutory appeal what’s is it mean ? And what’s is it about ?what’s will should I facing in future? What’s possiblity?
An interlocutory appeal is when part of a case is appealed, even though the entire case has not yet been decided. It is rare in immigration proceedings. Take care, Jason
First my online case status was “your next step is in person interview”
Today when I checked my online case status it shows like “pending application”
I do not know if there is a difference between these two messages. The online messages are kind-of confusing. Take care, Jason
Hi Jason, thanks for you help
My question is ‘’ is there any change in processing of form I-730. I am from Pakistan and applied for my family 11 months ago, my understanding is after approval of I-730 it directly transfers to concerned embassy but now a days I am reading information that it goes to NVC
What is fact pls put light on that
If the case goes to NVC then for all countries or for just where USA doesn’t have proper embassy
Thanks
If the person is outside the US, the approved I-730 goes to the NVC and then to the embassy. Wait times for I-730 forms have increased. There is a new guidebook for I-730 forms that looks excellent – the link is below and maybe this will help you. Take care, Jason
https://cliniclegal.org/sites/default/files/resources/2019-1029-i-730-manual.pdf
Hi Jason,
I had my asylum interview about 3 weeks ago. I called the office yesterday to inquire about the status and the operator told me that the decision is pending the supervisor review.
From your experience, is this the final step before decision or this step before the background and security check? And usually how long does it take for the supervisor to review the case?
Thanks a lot
The supervisor review is separate from the background check, but at least the info means that the officer has completed the first part of the case. Once the supervisor review it, the decision can be issued. How long that will take, and if more info is needed or whether the background check is done, I do not know. Unfortunately, the time frame is not predictable. Good luck, Jason
Hi Jason,
I just entered the 180 days before expiration of my EAD and do not want to waste time on renewing it, but my lawyer with whom the 1st one was done is not really responsive now but did signed the 1st one along with me; so, can I renew ead without a lawyer or my lawyer must also sign it ?
Thank you.
You can do it without a lawyer, but it is best to coordinate with your lawyer on all aspects of the case. I do not think there is an emergency to file – if the lawyer can get it done in the next month or two, you should be fine and there should be no gap in terms of employability, but if you are uncomfortable, you can file the EAD renewal without a lawyer. Ultimately, that is your decision. Take care, Jason
Dear Jason,
The NVC has sent me a notice that they have transferred my approved I 730 case to the embassy overseas for an interview. They didn’t ask me for any documents before sending it to the overseas embassy. Now I am checking the CEAC and it still says in transit. It’s more than two weeks they have transferred it. How long does it regularly take tot schedule an interview after the NVC approval? I call the embassy in my country and they said they don’t have my case yet. What should I do?
You should receive an email about next steps and that may take several more weeks. There is an excellent new manual that recently came out about how to do an I-730. I will try to write an article about it, but for now, the link is below. It may be helpful. Take care, Jason
https://cliniclegal.org/resources/i-730-refugeeasylee-family-reunification-practice-manual
How long it took altogether
I mean how long service centre took
And how long NVC took
The service center took 11 months and the NVC took 2 months.
Hello Jason, Im based in California. If my case is referred to immigration judge, Would it be possible to move to Washington DC and to move to the court there?
You can – you probably have to file a motion to change venue, but most judges allow that. Take care, Jason
Hello Jason, I want to ask is there any attorney who can tell the chances of success for a case that is referred to Immigration Judge and what might be the real issues behind the denial. Also, Can you or any partners of your take a case that is referred to IJ in California?
Attorney can tell you the strengths and weaknesses of a case and hopefully give you some idea about the likelihood of success, but there is no science to that, and there is no way to know for sure. I wrote a post on this point on March 23, 2017. As for me, we can do a case in CA (and we have), but we are located in DC, so it will be more expensive for us to fly to CA for the case. But if you would like us to do the case, you can let us know and we can discuss. Take care, Jason
Hi Jason i applied for asylum 2017 since no interview or noting i live in san Francisco California and again my EAD card got expire and August but i didn’t renew on time i renew after its got expire when they send receipts i didn’t get the 180 days extension document so right now am waiting for them to send EAD i really don’t know how long and what to do Please any advice ?
Maybe the 180-day extension is only given to people who apply before the old EAD expires, but I though that the receipt indicates that the old EAD is extended by 180 days regardless of when you file (though depending when you file, that extension may not help you). I do not know that there is much you can do. You can call USCIS and ask them to expedite (800-375-5283). I do not know that it would help, but you can try. I think EAD renewals are not so fast these days – maybe 6 months. You can check the processing time at http://www.uscis.gov. Take care, Jason
This is not an urgent question, I would really appreciate your input on this.
USCIS recently announced the new security enhanced travel document for refugees and asylees. Do you know if they are changing the validity time for the travel document? The old one was valid for only one year.
Thanks,
The Refugee Travel Document? I know the one year validity period is very inconvenient, but I have not heard about plans to change it. Take care, Jason
Yes. USCIS recently announced a new travel document starting Oct 24th.
https://www.uscis.gov/news/alerts/uscis-begins-producing-security-enhanced-travel-documents
I was wondering if they are extending the validity time.
Thanks,
I have not heard that they are, but we shall see. Hopefully, they will, as one year is not sufficient and there is really no reason to issue it for only one year. Take care, Jason
Dear Jason ,
Greeting and thank you for your usual help. I was very much much surprised by the online processing information schedule of I-730 (USCIS- Texas) after reaching August 7, 2018 , yesterday it returned back to January 2018. I have observed such issue two times. How is that happened and is it common phenomenon to happen while we are waiting our families reunion. Do we have any means to appeal such issue.
Thank you
The posted processing times are not always accurate, but they do sometimes move around. It probably is caused by USCIS shifting resources to different priorities. I know of no way to appeal, but if you have an emergency, you can try calling USCIS at 800-375-5283 and asking to expedite. Take care, Jason
Thank you for your usual swift reply.
Hi jason,
My question is, how much time does it take to get an advanced parole? And how many days they consider for it?
It is not fast – it can take up to 6 months and maybe even longer. In terms of time, they grant it for unpredictable periods of time. I suggest you list at least two proposed trips on the application form – maybe one in 6 months and another in a year. Hopefully, they will give you AP up until at least the time of the second proposed trip, so you will have enough time to travel. Take care, Jason
Hello Jason, the asylum office called me for a second interview after almost a year from my first asylum interview. I went to my second interview last week and it went well. It was just few questions from the officer. It was a different officer though. The officer also told me that they conducted all the background and security checks and there are no “outstanding issues”. So they can make a decision now. The officer also asked me to come after two weeks to take the decision and he added “two weeks this time is actually two weeks”. Are these positive sign sir?
At least it sounds like you will get a decision in two weeks. It is common for the pick up decision to be changed to mail out decision, and this usually means longer delay. The fact that there were only a few more questions is hopefully a good sign. Good luck, Jason
Good day Mr. Jason, one question. What is easier for an asylum officer?to deny a case or to approve? I mean what would require an asylum officer to do more work?
If I remember correctly, it is less work to grant than to deny, but it’s been a while since I’ve seen anything on this point, and I am not sure. In either case, I think a big issue for the officers occurs if the supervisor disagrees with their decision, and my sense is these days that the supervisors are more likely to deny than asylum officers. If the supervisor disagrees, the officer has to do it over, which is much more work. Take care, Jason
Dear Jason, I thank you for your website and the advice you give us. I went to asylum interview last week and the officer was not very serious she was smiling all the time. Also she did not ask deep questions about my political opinion and activities. In my affidavit and the submitted documents I talked about my work on governance and civil society in general. I also provided extensive evidence to proof my political engagement such as media articles, invitations to conferences (including leaders program I was invited to by the State Department ), pictures with senior officials local and internationals. So the political participation in my case is undeniable and there is overwhelming evidence to prove it.
But there are specifics that were not submitted and I thought the officer would ask me about my political opinion and activities so I could talk about them. Like I proposed a disarmament, demobilization and reintegration program to target armed groups in my country as part of broader security sector reform. I often spoken on media to warn public from ideologically possessed armed groups in my country. The officer was only interested in few general information and the interview took only one hour. It was like if the officer had already decided and was just ticking her boxes. Is this a good sign?
Even for a strong case, the officer should make a record – if not, the case could be returned by her supervisor. But here, it may be that the evidence you submitted and the info the officer knows from public sources is enough to prove your case, and so she may not have needed much more. Hopefully, it is a good sign. Take care, Jason
Hi Jason, I was told that asylum officers are skeptical about threats received by social media and Email. My case is not only based on threats I got on Facebook and by Emails but it has many Elements like political activism and work with western organisations. However, part of my case is threats I received by Emails and Facebook messages calling me a spy and western puppet and against Islamic values and promising me death. So do you think I should submit these threats or I should establish the case by proving my political work and talk about incidents where security forces tried to capture me. My attorney told me that officers do not take social media and Email threats seriously and that everyone submits these things and it is even funny. What do you think? Have you had clients with similar situation and what was the results?
We always submit such threats, and my sense is that they are considered like any other piece of evidence. In a case like yours, where there seems to be a lot of other evidence, threats via social media would seem believable, as people like you tend to receive such threats. My concern about not submitting such threats is that the asylum form specifically asks you if you have been threatened. If you do not submit the threats, it seems to me that they could consider that you are not telling the truth (since you failed to respond to the question on the form), and this could affect your credibility. Take care, Jason
Hello Jason, In the case of LGBT asylum, Is it enough to proof that I’m a gay man from a country in the middle east where same sex relationships are criminalized and where violence by security forces and radical groups are prevalent against the LGBT community and that I want to live as an openly gay man in the US? or do I have to talk about previous violence against me? A person might survive if they conceal their sexuality in my country however to live openly is impossible.
It may be enough to show that you are gay and that your country generally persecutes gay people. However, it would be a stronger case is you were threatened or harmed in the past because of your sexual orientation. If so, you would certainly want to include that information in your case, as it would make the case stronger (even if it is sometimes difficult to revisit such events). Take care, Jason
Hello Jason, The problem is that I added something in my second asylum interview that I did not say in the first asylum interview when asked about it. If the new officer who took over the case and conducted the second asylum interview compares the notes with the first interview, she might see that as inconsistency. So I prepared the following letter:
“I hereby write to clarify the following: during my second asylum interview , I added further information about physical harm that happened to me. I would like to point out that I had not mentioned this harm in the first interview because it was very hard for me to talk about these things. However, because I started therapy two months ago and I have been in individual sessions with a therapist every week since then, I was able to talk further about physical harm in my second interview”
My attorney who was with me in both the first and second asylum interview said there is no need to send a letter of clarification to the asylum office and that the case is well established and strong, though also long and complicated. She believes that this might complicate things. Can I send the letter anyway or I have to do any submission through my attorney? what is your thoughts? Is it common for asylum officers to compare notes of interviews and if so is this simple thing can be seen as inconsistency?
You can send a letter, but if your attorney thinks it is a bad idea, you probably should listen to her. I do not know the specifics of the case, and I do not know whether the info you plan to send it already obvious to the officer, or maybe not relevant. If you trust your lawyer and she explained it to you, you may want to follow her advice. In the end, however, it is your case and you are the one to make the decision. Take care, Jason
Hi, when I’m checking my case online its showing you finger review was complete on 30 August i got EAD on bottom showing 🙁 Next steps)
We will prepare your case for officer review. If we need more information, what does it mean?
I am not sure I understand the question, but it seems like you have an application pending and that is the standard language they include in the online message. Take care, Jason
Hello Jason, I went to a second interview and was surprised that a new officer took over the case. I’m a gay man from the middle east and I fear armed radical groups in my country. The officer asked if I was living openly in the US and if I posted pictures of my gay life and the answer was yes then she asked if I received social media threats from friends and I said no. She asked about physical discipline by dad which is already mentioned in my declaration. The problem is that in my first interview I answered a question about physical violence by saying No. that is because I thought the officer was asking about violence by the government or armed groups. In any way, in my second interview I talked about physical violence by dad and physical bullying in school. So two things can she deny me because I did not receive threats from friends on social media? Also can she deny me if she compares the old officer notes and find that I did not talk about physical violence in my first interview? I wish she had asked, I would have explained why I did not mention the physical abuse in the first interview.
Hi Jason,
I am an Asylum applicant since 2012, my case was referred to the immigration Judge 3 years ago. I went for an Individual hearing last year, however, due to time limitations, we did not finish the case. The judge requested a 2nd individual hearing. However, the 2nd individual hearing supposed to happen in August this year but the Judge was sick so the court canceled the hearing. The Judge clerk told my attorney that she will call after she hears from the Judge regarding the new date. Since then I did not receive any new date and my attorney called the court multiple times andthe clerk saying the same thing that they did not clear some dates to schedule my 2nd hearing. I am confused right now because it’s been more than 2 months and they did not schedule for the 2nd individual hearing.
Please, do you have any suggestions?
Regards,
This is a common story and there is not much more you can do – it sounds like your attorney is doing her best to follow up. In most cases, the court will get a date set for you soon. The basic problem is that the courts are a mess, with over 1 million cases in their backlog, and a management team that is not capable of getting the job done (see my post from last week for more info about that). Hopefully, you will get a new date soon. Take care, Jason
It is common for officers to change, as there is a very high attrition rate. The social media question goes to the issue of whether you face any threats; you obviously can receive threats that are not on social media. Also, I imagine that your social media account does not include “friends” who might want to harm you. As for the physical abuse issue, your explanation above makes sense. You could write a letter to her clarifying the two points (though based on what you write, I think the social media issue is not such a problem, but of course, I was not at the interview, so I don’t really know). If you do send a letter, you can scan and email it – you can find their email if you follow the link at right called Asylum Office Locator. Include your Alien number, the date of the interview, your birth date and country. Also, if you know the name or number of the officer, you can include that. And keep the letter short. Maybe say, “I am writing to clarify two points from my interview…” and then give an explanation as you did above. Take care, Jason
Jason, I requested records from my asylum interview and most parts on the document are marked as “Page withheld persuant to (b)(3) and (b)(7)(e).
Do you know what that means?
Thank you.
They do not always give you the whole file – it is info that they deem confidential. Their policy about what is redacted seems to be ever-changing. There is a way to fight this and try to get more info (maybe), but you would probably need to talk to a lawyer for help with that. Take care, Jason
Hello Jason,
I have worked with Polish army in Iraq as a translator about 10 years ago. USCIS rejected my case since I don’t have evidences about fear of persecution. However, the general circumstances in the country definitely shows that how translators who worked with foreign military forces in Iraq are subject to be threatened. I am currently in the removal proceedings in the court. Are there any other grounds make me hopeful to win my asylum case in the court? I came to US as a student 4 years ago, I do have good moral character. I also have a kid who is a US citizen. Thank you.
Based on what you say, I do not have another idea for you besides from asylum, but perhaps you have an additional fear of harm since your child is a US citizen and you lived in the US? Otherwise, there are many examples of interpreters being targeted, and so if you have proof of your job and proof of any threats, you should have a strong case. It is a good idea to have a lawyer in court, as a good lawyer does really help. Take care, Jason
Hi Jason,
Have u heard anything about NYC Asylum office?
I have applied for asylum in Arlington(May 2015), than Transferred to Boston and after to NYC. Do u know if they schedule Backlog cases? It seems like NYC has a huge backlog and they don’t really schedule it! Can somebody tell me any info if u know.
Last I heard, they were one of the “slow” offices, but my info is about 6 months old. I inquired to USCIS about all the offices and if I get info about that, I will post it here, but that will not be for at least another month. Take care, Jason
hello jason,
i m asylee since last year. i m still getting threatened calls from country even after my asylum approved . how do i take care of this? whom do i need to get contact for help? its stressing me, i m nt able to concentrate on my carrier because of fear of thoughts. can i submit these evidences to asylum office after approved? i know i m safe here but the memories of past reminds me with those threat calls.
There is nothing more for the asylum office to do. You might want to talk to the police to see what they recommend, or maybe the FBI. At least documents the calls – date, time, phone number, what was said – so you will have a record if you ever need it. Take care, Jason
Hi Jason,
Thank you for helping all of us and I really appreciate your time and valuable feedback. My question is that one of my friend who is asylee had a brain stroke recently and fortunately after several operation is now recovering. His family is waiting for their decision on their visas for almost for 13 months and their case status shows currently its administrative processing. For his moral and emotional support it is really necessary to bring his family here. I got the support letter from the doctors and submitted to senator office to inquire about his family visa and still waiting for a month to hear from the Embasssy after the senator office submitted the letters but not received any answers yet. I am wondering what could be the other possible option if the Embassy still do not respond to the inquiry and his medical condition get worse being far from his family.
Can I sent him back to his country with travel document until his family could get the visa since his medical condition is really serious and can I request supportive letter from Senator office for his return to the US as their no choice for him left apart returning to the country he sought asylum.
Is there any thing written to back up such a critical medical situation for Asylee. Any information, link and feedback will be greatly appreciated.
Regards,
Benam
I think trying to expedite the family’s case is probably the best choice – call USCIS at 800-375-5283 and try to talk to a person. Maybe they can offer some suggestions and flag the case, or give you an in-person appointment to deliver the expedite request (including the doctor’s letter). Otherwise, maybe the family could try for “humanitarian parole,” using form I-131, available at http://www.uscis.gov. I do not know that that would work in this situation – it is normally used to bring someone to the US for medical treatment – but it may be worth looking into. Maybe talk to a lawyer about that option. As for returning to the country, I guess he could do that, but it would potentially create an issue for his asylum status (and possible for his family’s asylum derivative status). Despite that, he could probably try to do that, but he would need a Refugee Travel Document to return to the US (also form I-131). You can try to expedite the RTD, and maybe that would work. I am not sure about this, but maybe you can also apply for the RTD, do the fingerprints, and then leave the country and then have the RTD delivered to an embassy in a third country (you can do this for a Re-Entry Permit, which is similar to an RTD, but I do not know if it is an option for the RTD). Of course, if you do this, and something goes wrong with the RTD, he may be stuck outside the US. I would talk to a lawyer about the specific option to see what would be the best choice. Take care, Jason
Thank you Jason for your reply, If any of these circumstances didn’t work to return my friend back to his country and there will be potentially threat for his an his family asylum case. Do you know as he received his green card couple of months ago and if I can file an application with USCIS and request expedition on his Citizenship due to his medical condition. I know it will take five years to after green card to file N-400 but will this be possible taking into consideration his situation. If there is a possibility will you be able to guide me and any link or information will be greatly appreciated.
Regards,
Benam
I know of no exception to the rule where a person who got a GC based on asylum must wait 5 years for citizenship (though the GC itself is back-dated 1 year, so that saves one year). So I do not think that would work. For the other options, I do think it would help to speak with a lawyer about the specifics of the case to see what can be done. Take care, Jason
Mr Dzubow, thanks for your efforts in helping people here.
One of the evidences I am going to show during my hearing is a picture of an email I took using my phone. I did not not use that email for some time and it looks like that email account has been deleted.
Can the judge ask me to show him/her the actual email instead of its picture?
Thank you.
I guess they could ask, but if you have an explanation about why the email address is no longer used, you can tell them (preferably beforehand in your affidavit) and that should be fine. Take care, Jason
Thank you very much.
Hello Jason, I read your blog all the time. I saw your article about the asylum interview. My interview is this week and I have a question about how to dress up for asylum interview. As a gay man, the way I normally dress up might seem less formal and more fashionable and less respectful. What is your advice when it comes to dressing up for the asylum interview? Should I dress up as I normally do in my daily life and this way I would express my sexual identity but might come across as more fashionable and less respectful or Should I dress up formally like if I am going to a business meeting and them I would look like any other guy? I feel on one hand the way I dress up might demonstrate my gay sexual identity but I do not wanna look less respectful. What is the officer expectations when it comes to gay men going to asylum interview?
I doubt that dressing a certain way will make much difference in the interview (though, maybe a person who identifies as a different gender would want to dress in clothes that conform to their gender identity). I am not known for my style (known as late-1970s business casual), but it seems to me that you can be fashionable and respectful at the same time. My inclination is that if the two are not consistent, I would lean towards respectful, since it is a formal meeting. Good luck with the interview, Jason
hello jason,
its really great of you for the service you are doing here. my asylum approved aug-2018, i have applied green card last month. i have EAD which is valid thru aug2020. if my greencard is in still process by aug 2020 or if i dnt receive by that time, do i need to apply for EAD again. how can i show proof of work authorization to my employer.
2. what is the greencard process steps after biometrics?
thanks for this blog.
1 – It used to be that when you paid for the I-485, the fee allowed you to renew your EAD, but that has not worked when we tried it lately. You can only renew the EAD 180 days before the old card expires, but you could try to renew and include the I-485 receipt in lieu of the $410 fee. You can provide a letter explaining that you are doing this. It probably won’t work, but you can try. If not, you would just have to renew and pay the fee (or do a fee waiver). Technically, a person with asylum can work with only the I-94 proof of asylum and a photo ID, but many employers (and DMVs) to do not get that, so it is best to renew. You may have the GC before August 2020, but it is very unpredictable, and so you may not. As for the process, supposedly all asylee dependents will be interviewed for the GC (though I do not think everyone actually gets an interview). Principal asylees normally just get the GC in the mail without an interview, but sometimes they also get interviews. Take care, Jason
Hi Jason,
I greatly appreciate you for the amazing work that you are doing.
Me and my husband’s RTDs are above to expire in next three months. In order to apply for renewal, do we have to wait till it is expired or can we apply in advance before 3 months?
(Processing Times are fading day-by-day. Currently, it is showing 4 to 6 months)
Do we have to send the original RTDs or copies to USCIS in the application Packets?
For the RTD, you can re-apply now, but if your RTD is still valid, you are supposed to mail in the original, which of course is very annoying given that you will be without an RTD for several months. If you wait until the current RTD expires, you do not have to mail in the original. This was correct the last time I did an RTD renewal (a few months ago, I think), so double check the instructions, but I think that is the rule. Take care, Jason
Hi Jason, it looks like we will be facing another suprise from trump – Expedited removal for asylum seekers without the right to see Immigration Judge.
Please give your ideas on that.
Thank you.
I wrote about this issue on July 24, 2019, but it only applies to certain asylum seekers; not everyone. Take care, Jason
Hey Jason,
I am an asylum applicant, not directly, my parents filed for an asylum. I am part of the application. Our interview has been conducted, still waiting for the decision. My question is if i want get married to a girl with a B1/B2 visa with my current status, is it possible? And if it is, is it going to effect my status in any way? What would be her status incase i get married to her? Would she also be part of our application if our decision is still pending? And if we get our status approved, would it be possible to marry her right after our application gets approved?
She cannot benefit from the application if you marry her. What I am not sure about is whether marrying her would affect you. Normally, an asylum applicant can only include a child as a dependent if the child is unmarried. So if you were married at the time your parents filed for asylum, you could not have been included in the case. What I do not know, is what happens if the child gets married while the case is pending. I am not sure if you would then be removed from the case. I think you would remain as a dependent, but that only you, and not your wife, could benefit from the asylum application. However, I am not sure, and before marrying, you should have a lawyer research the question, as you probably do not want to get bumped from your parents’ case. If you win asylum and then marry, you cannot file a petition for your wife – you have to wait until you get a green card, and then you can file for her (and she may need to leave the US to get her own GC, depending on her status at the time). In short, if you plan to marry before your case is resolved, you should talk to a lawyer first. If you win asylum and then marry, you have to wait one year, apply for the GC, and once you have it, you can file for your wife. In the mean time, she would need to figure out whether to stay here or go to another country. Take care, Jason
Hi Jason,
My lawyer filed motion to advance individual hearing date a month ago to Arlington immigration court.But we have not yet get response from the court. How long it take for the court to say yes or no.
Best,
Ethio
It is not predictable. Sometimes, they review motions quickly, but other times, it takes months. Your lawyer can call the court to follow up, if the lawyer thinks that would be helpful. Take care, Jason
Hi Jason,
I have my asylum interview a week ago for my case which has been pending for 4 years. The officer told me that I will get the result by mail without any specification after how long.
From your experience, does that mean anything bad that she said that the result will be mailed to me instead giving me specific date to go and pick up the result in person?
Other thing, does usually it take long time for the investigations to finish before I get the result because the case been pending for many years or still takes about 2 weeks to get the result?
Thanks
if you don’t mind can you please share your timeline when and which office did you applied?
I do not think it means anything in terms of a good or bad decision. In terms of time, it is very unpredictable. We have had mail-outs take 3 days (including the weekend) or several years. Most cases are resolved in a few month, but some are longer. Also, men from Muslim countries seem to wait longer than other people, but again, it is not predictable. Take care, Jason
Which state please. Good luck?
Hi Jason, Just saw the comment from the guy who was FSN in Yemen. I am also FSN and I served in the U.S embassy and dealt with political affairs in a very hostile county in the middle east. now I am waiting for asylum decision. If not approved is it possible to sue the U.S government? First the Regional Security Office of the State Department did not advise me on how to seek safety when I reported to them what was happening to me. Second, when the asylum officer interviewed me, the officer did not pay any attention to my work with the U.S gov and the specific details of the political activities and meetings I attended. The officer asked me general questions like why you fled you country and who do you fear and other very general and often trivial questions. Sir is our work for the U.S gov important because we have colleagues who were targeted and killed because of it. our families are displaced. The danger is real but the U.S gov is treating us like any other asylum seeker. For instance, I was given clearance to work at U.S Embassy and I accompanied and traveled U.S ambassador and presidential envoy. I represented American interests. The embassy evacuated my countries few years ago without even caring about FSNs. Now I wait for asylum decision and they tell me wait for background check. I’m shocked and disappointed. What is your experience with FSNs from the Middle East? How does the asylum office handles their cases? Any important things to consider?
People from Iraq and Afghanistan might qualify for an SIV visa (I wrote about that a bit in response to the person from Yemen). Otherwise, for asylum, we have done a number of cases for people who worked for the embassy or other US government agencies. As far as I remember, all have been granted. Sometimes, people did have long waits for the background check, which seems strange, since you were already vetted for your job. The best answer I ever got about background check waits (and it is not really a good answer) is that USCIS has its own background check process, which differs from other agencies, and so that is why there are long delays. You might talk to a lawyer to see whether there are any other options for you based on your service, but I do not know of any. As for suing, you would need to talk to a lawyer who does such cases, but I highly doubt that would work, as the US government has broad immunity for bad things that it does. Take care, Jason
Hello Jason, as a previous Foreign Service National employees (also referred to as Locally Engaged Staff, LES) from Yemen, Are there any case laws for people like me? in case asylum office refused my case and referred me to court, it will be useful if there are case laws to refer to? Or in general, are there any case laws for people who worked for the United States Government in hostile countries where American interests are attacked and Foreign Service Nationals are in great danger ? Places like Yemen, Iraq, Afghanistan, Libya, Syria. Or these case are judged separately on there merits?
As far as I know, a case from Yemen is decided on the merits. There are special rules for people from Iraq and Afghanistan (called the Special Immigrant Visa or SIV), but as far as I know, these do not apply to Yemen. There may be some general rules that apply to long-term embassy employees, but I do not know about that. You may want to have a lawyer research this issue, as sometimes there are obscure rules that could benefit a person. I don’t think so, but I could be wrong and it would worthwhile to make sure. Take care, Jason
Hi Jason,
My case is pending in San Francisco Asylum office for last 60 days but didn’t receive any interview appointment so for.is not this abnormal these days??
It is normal – if you do not get an interview within about 90 days, it means that your case is in the backlog and it is not predictable how long it will take. Probably, it will take years. If you have a reason, you can try to expedite the interview. I wrote about that on March 30, 2017. Take care, Jason
Hey, I am having a pending Asylum case and It is pending for interview right now, I want to apply for DV-2021 but my passport expired two years ago and I have a fear from any officials of the country that want prosecute me for my political and religious believes (It is Iran) so how could I apply for DV-2021 with this situation?
Even if you apply and win you are not able to get green card. Because you need to leave country to get green card through dv lottery. So the best way for you just wait. Also try to find a way to renew passport. Eventually you will need that.
Hey, I am having a pending Asylum case and It is pending for interview right now, I want to apply for DV-2021 but my passport expired two years ago and I have a fear from any officials of the country that want prosecute me for my political and religious believes (It is Iran) so how could I apply for DV-2021 with this situation?
I do not know whether you can apply for the DV lottery if you do not have a valid passport – maybe check the instructions. Even if you can, you have to deal with the travel ban, and even if you overcome that, you still may not be eligible depending on your status in the US. I wrote about the last point on October 5, 2015. Take care, Jason
Dear Jason,
My asylum case is pending interview schedule in Newark Asylum. But I heard that all interviews in the Newark Asylum office has been put on hold. Does this mean the backlog would not grow further, and my potential interview date moving back further?
Also if I transfer to CA, will my position be based on my initial priority date or it would be deal with as a newly filed case?
Thank you
I had heard that most cases in NJ are on hold, but the two most recent cases I filed were scheduled for interviews there, so I am not so sure. If you have a case in the backlog in Newark, I am not sure whether they are working on any backlog cases, but you can always try to expedite. I wrote about that on March 30, 2017. If you transfer your case to another office, it will be treated as if it was originally filed in that office. At least that is my understanding. Take care, Jason
Hi Jason,
If I have a pending asylum case of 2017 in texas and if I move to Chicago, Will my case consider as a new case and will I be able to get an interview within 90 days?
thank you
If you move, I think the case is considered as if it had been filed originally in the new office, so you would not get a fast interview. You never know, as asylum offices have different policies, but I think we have not seen an example of a case moving and then the person gets a faster interview. Take care, Jason
Thank you, Jason, for replying.
My wife is suffering from severe depression and anxiety for 6 months. Can this be a reason to expedite our case.
Thanks
Yes – there is no guarantee, but you can try. We have had some success with such expedite requests. Get a letter from the doctor explaining the problem and how the stress of the asylum case makes her depression worse, and that expediting the case would help improve her health. Take care, Jason
Hi Jason,
I applied for political asylum but now things in my country changed and I’m planning to go back. When crossing the US border at the airport, will the immigration officer ask for my asylum papers? I don’t want to carry them because in my country they can easily stop me and go through all my papers at the airport. And if they find out that I applied for political asylum, I will be in trouble. Can I show only my passport and I-20 at the US airport? I came with student visa f1.
Thanks in advance.
You should be able to leave as long as you have a valid passport. You do not need your asylum papers. However, you should contact the asylum office and try to withdraw the asylum case. If not, eventually, an interview will be scheduled, and then (since you will not appear), your case will be sent to court and you will be ordered deported (since you will not appear in court either). Withdrawing the case can avoid this problem. Take care, Jason
Hi Jason, I am from Libya and I’m fleeing radical armed groups affiliated with the government. The problem is I could not be very specific in my declaration and my asylum interview about which group they are and why they came to my home to arrest me. I was lucky that when they came to my home I was not there and I fled the country right after the incident. In Libya there are hundreds of armed groups, the majority are affiliated with the government. They go after people who consider to be a threat like politicians and activists. I used to be an activist in Libya and I participated in many events there and abroad. In Libya when a militia or armed group come after you, they do not provide warrants or they do not tell who they are. normally Just armed men storm your home and catch you. I could not provide in my asylum case who exactly they are or why they want me. all they told my family is that they are security and want to interrogate me. Given that I provided a lot of evidence to proof my political activism, do you think that the lack of knowledge about who they are or what they want can be a ground to deny my case? Have you dealt with cases where they asylum seeker did not know exactly who was threatening him? I cannot try to investigate who those armed groups because they are powerful and if they find out they might attack my family as a kind or retribution. this is common in Libya.
I think that this would not be a basis to deny the case, as long as you explained why you do not know the specific info about the group. We have done many cases like this (from Afghanistan, for example) and the lack of specific knowledge has not blocked my clients from asylum. Take care, Jason
Hello Jason. I came with F-1 visa in 2016 and did not attend school but overstayed my visa for 7 months. After 7 months I applied for an asylum and was not interviewed yet. Now circumstances in my country changed and I’m planning to go back and cancel my asylum case once I’m there. My question is: Will I be arrested in the airport when leaving the US? And will they put “Deported” stamp in my passport? I don’t have advance parole.
Thank you.
You should be able to leave as long as you have a valid passport. However, you should contact the asylum office and try to withdraw the asylum case. If not, eventually, an interview will be scheduled, and then (since you will not appear), your case will be send to court and you will be ordered deported (since you will not appear in court either). Withdrawing the case can avoid this problem. However, since you overstayed your visa by more than 6 months (but less than one year) before you applied for asylum, you may have a 3-year bar to returning to the US, even if you do withdraw the asylum case. Take care, Jason
Hi Jason,
I recently apply to be enrolled in a medical field college. And they have me apply for financial aid. Now they ask my status I told them I was on asylum. They ask to see the paper work. I gave them my ead that will expire in 6 months, and I am planning to renew it. They still tell me they want all the paper work concerning my asylum case. I don’t know what they want I asked exactly or what they are looking for and they just tell me to bring everything and they will choose what ever they need. In this case what did you think I should provide them with ? I show then my ead, my ID, my ssn. And I am not giving away my personal story, I can tell them why but not giving a copy.
Thank you.
Unfortunately, this shows the vulnerable position that asylum seekers are in. Your EAD, SSN, and asylum receipts should be enough. I do not see why they need to know why you filed for asylum. If they want to see that info as well, you might try elevating the issue to a higher level, as there should be no reason they need to know that, and it is inappropriate to ask. Take care, Jason
Thank you for your prompt reply and great help dear Jason.