Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Murray Osorio, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
Jason@MurrayOsorio.com
(202) 328-1353
Hello,
Do you know about applications of what dates are being reviewed now? I applied in March 2017 and still haven’t been called for the interview.
Different offices are different, but none of the offices where I do cases seem to be interviewing 2017 cases. Maybe you want to try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
i have my case referred to a judge in Chicago, and i just mooved in Arizona Phoenix, i already have a date for my Individual hearing in 2022, Do i have to change my adress? by changing my adress is my individual hearing date will change? i also want to change my lawyer because he lives in Indiana, having my case here will probably cost me a lot to have him coming here. But what about you? can i hire you as my lawyer? or you will cost me a lot of money? is it even possible that you represent me in Phoenix?
You do have to a file a change of address, unless the move is temporary. You can move your case and you can get a new lawyer. As for me, I could to a case in AZ, but it would be more expensive, since I need to travel there. I recommend you look for a local lawyer first, but if you want to do a consult to discuss, you can send me an email: jdzubow@dzubowlaw.com. Take care, Jason
Hi Jason,
i have my asylum case pending since 2015, i had my interview and unfortunately they referred it to a Judge, my inividual hearing is until November 2022.
I’m right now in the process of buying a house in the Phoenix area, when i called for to apply for the loan, the lender said that i qualify for it, i did tell him that i have an asylum case pending, all he asked me was a Working permit, and he said i was good. i found a house and they did a credit check, and everything, my job and the two years of rent payment history, everything was fine until he send them to underwriting. Now he is calling me to ask me more information about my status, asking me my visas and all other staff. Now he got me worried, because i found a really good deal on the house, it will be really unfortunate to keep me from having it because of that. What can i tell them or send them to justify my current status? and am i even qualify as an asylee to get a home loan?
I really do not know about such things. You are not required to tell him about the asylum status, but they are not required to give you the loan. I think you will just have to show him the documents you have and see what happens, but maybe there is a real estate lawyer you could consult for help, or maybe if you have your own real estate agent to help you. Take care, Jason
Hi. I have same situation. I bought a house last May. I was hard to get it but if you work with right person for mortgage you can get it unless you don’t have bad credit score.
Thank you very much, this helped me. So the bank finally didn’t approve it anymore, but my lender got me another lender that is willing to help. thank you for your answer, this means there is still a chance for me. Can i ask wich lender got you approved? by the way i got rejected by Bank of America.
Hay Ibrahim, the same thing happened to me. I am pending since 2014. I bought my house this year. My lender asked me about my green card when it was in underwriting. I told him about my pending case. He was so good, he said no problem, it should not be a problem as I am a taxpayer and have good credit. He processed it and I have my own home. So if you are paying your tax and your income is good, there is nothing stopping you from buying a home, especially if you are ready to pay a good amount as an initial down payment because the bank secures its loan from your property. Go ahead tell them about your status.
Thank you for you help, can i ask you the lender that approved you?
Dear Jason,
We had our interview at the overseas embassy after NVC approval of the I 730 form. Now it’s three weeks it’s going through administrative processing. In average how long does the administrative processing take?
It can take a long time, but most cases would be a few weeks or maybe a few months, but every case is different, and some cases are longer. Take care, Jason
Hi Jason,
Thank you for your help and support
My question, I had applied for my family after getting asylum approval back in December. It is out of processing time and I already called them but I got email that ‘’your case is in line to review by an officer if you don’t hear anything within 69 days then contact us’’
Process time is already passed month and half ago
Should I accept this reply from them
Still no reply
I am not sure what else you can do. You can try contacting the USCIS Ombudsman – a link is at right. They sometimes help with delayed cases. But here, it sounds like USCIS is taking action. Hopefully, you will have some news soon, but there may not be much to be done for the next 69 days, and hopefully by then, they will give you a good decision. I think there is no harm in trying the Ombudsman, though, and maybe that will help (though they usually take at least 3 or 4 months to do anything). Take care, Jason
Dear Jason, greetings from Maryland!!!
Last week, I was attending my asylum major hearing in baltimore and scheduled for the individual hearing for 2024.
But due to personal reason I wanna move to another state after few months and my lawyer told me that if I have to move somewhere out of Maryland, that specific court gonna give me another major hearing date which even may take half a year or more.
Therefore,
1/ Without affecting my case, what would be the best option if I want to change a state?
2/ What would be the fate of People who get a new Job in another state while waiting for individual hearings(will they have d/t master hearings whenever they change their state)?
Thanks
Your help is appreciated!
1 – Keep a “permanent” address in MD and use that. Keep as much there as you can – driver’s license, taxes, bills, etc. Also, typically, if you just file the change of address form and do not ask the court to move the case, nothing will happen (a clerk will just stick it in a file and no one will pay much attention). I suppose it is possible that some enterprising clerk will inform the judge and move the case, but I have not seen that, at least not unless there is a hearing or some event that triggers the move (such as a motion to change venue). 2 – If you move, you have to tell the court, but if your move is temporary, you can tell the court that too, and they Judge will probably let you keep the case in that same court. Take care, Jason
If I got the point clear, you are saying that I can still file a change of address but not tell the court so that when my individual hearing date reaches, I can come to the same court??? Thanks!!!
I am saying you are required to file a change of address form (EOIR-33) if you move and do not keep a “permanent” address in the original jurisdiction. However, if you only file the form and do not ask the Court to move your case to the new state, probably nothing will happen and the case will remain where it is. There is no guarantee, as DHS may ask to move the case, but most likely, the case will stay where it is. Take care, Jason
Greeting Dear Mr Jason,
How long it will take to get decision after I-730 approved expedited application ?
Thank you in advance for your continuous support !
Asylee
If USCIS expedites an I-730? I have seen them down in a few months, but not lately, so I do not know. Take care, Jason
Hi Jason, first of all I thank for your help and support. My question: I live SF, CA and I sent my initial asylum application to wrong address USCIS CA Service Center address which I should send USCIS Nebraska Office. Could you please advise what should I do now?
Do I need to send one more application again to right address or USCIS will forward that application to right address ?
This situation is a pain. The problem is, different service centers seem to do different things, and I do not know about CA. For Texas, if you accidentally send it there, they will just keep it and not tell you or send a receipt. I think Vermont returns it to you. If there is no issue with the one-year bar, you might wait a few weeks to see whether you get it back. Alternatively, you can send a new application to the correct address with a cover letter indicating what happened. Another issue is that receipts are coming slower these days – maybe 5 to 7 weeks, and so it will be a while before you know whether they accepted the case. You might try calling USCIS at 800-375-5283 and see whether you can talk to a human being for help. If that does not work, maybe your best bet is to re-file at the correct address. If the thing disappears, you can probably get a copy of it by filing a Freedom of Information Act request, form G-639, available at http://www.uscis.gov. Take care, Jason
Hi Jason, My question is a very famous issue for our community. My application is pending since 2014 and I had my interview in 2018 Feb, still waiting for the decision.
So, it has been about 5.5 years and I have not seen my mother. She is planning to visit me, my wife and kids are with me here in the USA.
1. What would be the chances of any problem because of my immigration status for my mother?
2. I know its a lame question but she is one of the witnesses who submitted affidavits in my petition, is there any chance that they ask her about my case and its details? She submitted an affidavit about 6 years ago and she is old (about 65).
3. I am paying my taxes on time in the USA and I can easily afford to have her stay with me, I can easily pay for her travel expenses., but I do not see any option to fill out this detail in B1/B2 form.
4. I have my other brothers in my home country and my mother lives with them she has properties and other responsibilities to take care of when she return to my home country if visit me.
Thanks
1 – She will probably not have any issues, especially if she already has a US visa. She should be prepared to explain that she plans to visit and return home, and that she will not stay permanently. 2 – I highly doubt they would ask her about this, as it would violate your confidentiality. Of course, it would not hurt for her to re-read the letter and refresh her memory. 3 & 4 – If she does not have a visa yet, she will need to qualify for one. The fact that you have an asylum case pending may make it more difficult for her, so she may need to demonstrate that she will return home at the end of her visit. Usually, parents of asylum seekers have an easier time getting a visa than spouses and children of asylum seekers (who can directly benefit from the asylum case). Nevertheless, your case may be a negative factor for her, and so she will need to provide evidence to overcome that. Take care, Jason
Thank you, Jason. She does not have a visa yet. I appreciate your help.
Hi Jason ,
My self Victor from India . I got declined my Asylum petition at Immigration court @ Hartford , CT on Nov 14 th , 2019 . So I want to appeal (BIA) on judgement before Dec 16 th .
I can’t afford Attorney fees to appeal for BIA because already have trouble with Attorney then I moved to another Attorney but the attorney din’t raise his voice even my brother witness and some other police cases during proceeding . I guess he is new for Asylum cases .
Anyway can I appeal BIA my self or definitely I need Attorney for appeal and Hearing .
How much you guys charge If I can’t have chance to appeal without Attorney ?
Please let me know and we will proceed further steps .
Thanks ,
Victor
You can appeal yourself, using form EOIR-26 (you can Google that). There is a fee for the form, which the instructions explain and the appeal must be received by the BIA within 30 days of the denial order. I highly recommend you send the form as soon as possible, in order not to miss the deadline. As for us, I would have to review the case before I could give you a price, but I would not be able to do that before December 16. Your best bet is to either have your old attorney file the appeal for you or do it yourself. The EOIR-26 is easy. The hard part comes later (maybe 4 to 10 months later) when you have to write the appeal brief, which is the explanation about why the judge made a mistake and why you should have won your case. Take care, Jason
Hi Jason,
I live in Sacramento, CA. do you know where is USCIS CA address to send my asylum application package? It shows P.O. box and I dont know is that a right address?
Thank you.
Hi Jason thank you for the good work I did my interview in Chicago office 3 weeks ago just recently while was checking the status it change from decision pending to “Fees were waived”do you know what does that mean.?
Some people believe that means that the case is approved, but I am not sure that is correct. I think it is best to remain patient and see what they send you in the mail – that is the only way to know for sure. Good luck, Jason
Hi jason
My asylum interview is pending for 114 days in california.how long it will take ?
Hi, do you know where is USCIS CA address to send my asylum application package?
Thank you
If you follow the link at right called Asylum Office Locator, and go to your local asylum office webpage, it should give you the address where you need to file an initial asylum application (a second application is filed at the local office – check the I-589 instructions about that). This should be a Service Center (for a first time application), not the local office. Take care, Jason
Dear Jason, I couldn’t find the exact address. It would be very helpful you to write here where to file initial asylum application for San Francisco, CA residents. Thank you
Sorry, I cannot provide such information when I am not familiar with the case – if you cannot find that info on the local asylum office page, you can find it on the instructions for the I-589 (where to file), available at http://www.uscis.gov. Take care, Jason
If you follow the link at right called Asylum Office Locator, and go to your local asylum office webpage, it should give you the address where you need to file an initial asylum application (a second application is filed at the local office – check the I-589 instructions about that). This should be a Service Center (for a first time application), not the local office. Take care, Jason
Unfortunately, no one can predict that, and many people have been waiting much longer than that. If you want to try to expedite, you can try that – I wrote about expediting on March 30, 2017 – maybe that would help. Take care, Jason
Jason, happy Thanksgiving to you!
Can you please provide the list of organizations whose reports are considered by the court?
e.g. Department of State report, HRW etc.
I did a blog post about this on April 18, 2018 (near the end of the post) – maybe that will help. Take care, Jason
Hi Jason:
For a granted asylee, does marriage with someone from 3rd country affect the status in US? Is it possible to bring spouse to US after marriage? Or need to go to spouse’s country to live there? If green card is needed to bring spouse to US, how long it takes to get green card approved and delivered after application?
Thank you!
That should have no effect on your status, unless you gain residency or citizenship in your spouse’s country. If you were married at the time you won asylum, you can file an I-730 for your spouse. This must be done within 2 years of the asylum grant. If you married after asylum was granted, you have to wait until you have a GC to file for the spouse. The wait time for bring a spouse here varies; currently, there is no backlog for people from most countries and it would probably take about 1 year to bring a spouse here. Take care, Jason
Hi Jason!
My asylum case had been already pending for 3,5 years when I married a US Citizen and I recently got the green card through the marriage case. I then wrote the asylum withdrawal letter, attached copies of all the green card approval notices, and sent it 2 months ago to the office where my asylum case is located. It was delivered according to the USPS tracking number. I have been checking my status online, but it still says “your next step is an interview”.
1 – How long does it usually take them to withdraw the case?
2 – Do they send some kind of notice when they do? (I asked for it in the letter)
3 – Should I send another letter, email or fax? Or should I just wait?
1 – There seems to be no normal wait time. 2 – Sometimes yes, sometimes no. 3 – Maybe wait until next week, but send them an email – you can find their email if you follow the link at right called Asylum Office Locator. Maybe they will respond. Also, you could try going in person, if it is not too far. Take care, Jason
But if it can take months, can I leave the country while waiting for it to be withdrawn? I’m not going to the country from which I was seeking my asylum, I’m planning to visit another country.
Thank you so much! and Happy Holidays!
As long as you have a valid document to re-enter the US (like a green card or Advance Parole), you can travel outside the US and re-enter, even if you have an asylum case pending. Take care, Jason
Hi Jason ,I had my asylum interview 3 months ago and it shows me « decision pending ».it will take long ?
There is no way to predict, but since it’s been three months, you can make an inquiry – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason,
My immigration case is in the court now. I have a lot of people who’d like to write support letters for me; just to explain who I am and how they would like the judge to grant me asylum. Those people are my coworkers, university professors, my supervisors, church members, politicians, and public officials.
1- Will there there be any influence by these letters?
2- Do they need to directly write to the court or they need to send the letters to my lawyer? Thank you.
1 – When we get letters like this, we include them, but we typically put them all under one exhibit, titled something like “Letters of Good Moral Character” and we provide a general explanation for what they discuss. I do think they are helpful, but they are not as useful as letters from fact witnesses. 2 – They should go to your lawyer, who should submit them with your other evidence. Take care, Jason
Hi Jason,
Thank you very much for your help and advice.
I am going to send asylum application. My question is: “ do i need put copy of passport of my spouse and kids in the application package? If yes, how many copies required ?
If they are dependents on your case, you should include a copy of their passports with your application, plus each person needs his/her own separate application – the instructions to the I-589 list the documents you need to submit for dependents. If your family members are not part of your case, you do not need to submit passport copies for them, though you can (and we normally do, just so it is part of the record). Take care, Jason
1. Do I need put their full passport copy from 1st page to last page or only 1.main picture page is enough?
2. How many copies are required generally?
Thank you so much!
1 – The better practice is to include the entire passport, cover to cover (plus the cover itself). We used to submit only pages with stamps on them and the bio page, but now USCIS is rejecting applications for all sorts of arbitrary reasons (see my post from last week) and so we are sending the whole passport. For dependents, though, we are only submitting the bio page and the US visa. However, USCIS may reject such submissions, but they have not done so yet. 2 – Normally, you submit an original and one copy. For dependents, we submit an extra copy of the required documents (see the I-589 instructions, but usually a signed page 9 of the I-589, an extra copy of the principals I-589, the passport, and the relationship document (marriage certificate for spouse; birth certificate for child) and English translation. Take care, Jason
Jason, I am claiming asylum on the case which currently is considered as misdemeanor in my country.
The parliament is currently reviewing that crime and planning to assign felony classification to it.
So my question is: I was the victim and police ignored my request to investigate since it was a misdemeanor. If the law passes as felony by the time I go to my hearing, will the judge can say that I am no more in danger?
Sorry, I would need to know more specifics to understand. But in general, if country conditions change and it is now safer for you to return, the judge would normally consider that in making a decision. Take care, Jason
Your help is always greatly appreciated , gotta quick question if you don’t mind…
In my case status on line it says it’s pending for adjudication, what is suppose to mean.?
I have a pending asylum case for a while now, just so you know.
Thanks again
It has basically no meaning other than that the case is still pending and it sounds like you did not have an interview. Other than that, this has no real meaning. Take care, Jason
Thanks a lot, but yes I had an interview already almost two years ago, why would that make a difference?
It makes no difference, but the message seemed to imply (at least in my reading) that the interview had not yet happened. You can contact the asylum office directly about the case – you can find their contact info if you follow the link at right called Asylum Office Locator. Also, if nothing else works, you can try a mandamus lawsuit – We wrote about that on October 2, 2018. Take care, Jason
Hi jason.
If I got an AP and I don’t go out of usa, what will be the consequences?
That is no problem. Sometimes, you need it “just in case” you have to travel, and if the need does not arise, you do not need to go. Take care, Jason
Hi Jason ,
We had our affirmative asylum interview on August 2017 , however the online status says that you had your interview on February 2019. I have already sent an enquiry letter they simply told me that the case is pending which I already knew. It also says online that your case has been pending for 1840 days at the same time which is correct.
I’m really concerned and helpless in this situation to how to notify USCIS to correct the interview date issue since decision is not provided yet.
Let me know if any better idea which would not affect my case negatively.
Thanks.
Murad S.
I would not worry about the interview date, as the online system seems not always to be accurate. The case is taking a long time, which (unfortunately) is fairly common. You can inquire by email or in person – maybe that would be more effective. You can find their contact info/office hours if you follow the link at right called Asylum Office Locator. Take care, Jason
I was granted asylum then I got married to us citizen, I applied for green card through marriage and my interview is scheduled in a month. I currently have a travel doc from the asylum and I am planning to use it to travel to Canada for a week before my interview. Is there any risk coming back to the US? Do I loss my asylum status before or after I get the green card from marriage ? Thanks
I would have a lawyer double check this, as I am not sure. Most travel is fine, but we have an agreement with Canada about asylum seekers and – while I think that would not affect you – I am not sure. I do think you would be able to return to the US; I am just not sure whether it would impact your asylum case. If you get a GC through marriage, then you are no longer an asylee, but if you had asylum, you can still qualify for a Refugee Travel Document. If you have a GC through marriage and still have a pending case, I think the asylum office will dismiss the case. However, if you want, they may still be willing to process the asylum case, since there are benefits you get from asylum that you do not get from the GC (such as bringing minor children to the US sooner, or getting the Refugee Travel Document). Take care, Jason
Hello Jason, I applied for asylum way back in 2014, the clock was showing that my case was pending for 1961 days. I checked it yesterday and it showed that it’s been pending for 1843 days now. How is it possible? Thank you
After 180 days have passed on the clock, the number of days is irrelevant. That said, I do not know what happened. In general, I find the online info to be less trustworthy than what we receive by mail, so maybe it is just a computer error of some kind. Take care, Jason
Hi JASON, I have a pending asylum since March 2018 and haven’t been called for interview, I did moved out of state where I applied that’s Washington DC to North Dakota so I was wondering if changing my address will delay the process or fasten it. thanks
It should not have any effect. Different asylum offices are reviewing cases at different speeds, and currently the Virginia office (which covers DC) is slow, so maybe you will have better luck in ND. You can file a change of address using form AR-11, available at http://www.uscis.gov. Take care, Jason
Hi. I have pending asylum case no interview yet. I am outside the US now. I just got immigrant visa through consular processing employment base. I am ready return US. My questions 1. how long it takes to withdraw my asylum application. 2. After withdraw asylum application, Is there any restriction to use my green card related with asylum application. 3. Can dependents go to my home country without problem to return US. 4. Is there any problem to renew passports for my kids after withdraw asylum application.5. Please give me your advice related my case
1 – Once you return, you can contact the local asylum office and ask to withdraw the case. You can find their contact info if you follow the link at right called Asylum Office Locator. It is usually pretty fast to withdraw a case – maybe days or a few weeks. 2 – No, but if you return to the home country, it may cause them to think that the asylum case was fake, which could cause you problems. Also, they always have a copy of the asylum application, so make sure your future applications (like the N-400) are consistent with all prior applications. 3 – Probably, but it depends on the case. If you said your whole family was in danger, but then they return home, that could be an issue. 4 – Probably not, but again, it depends on the case. Take care, Jason
Jason, I have change of my circumstances. I am expecting my hearing in February and me and my wife have converted to Christianity, Baptism.
On one hand, I found out that there were many cases that baptists were presecuted in my country.
On the other hand, will the judge think that it was done on purpose? That is why I am thinking not to mention it in my case and go ahead with my original story in order not to mess up my existing case.
Please share your thoughts.
If you have a lawyer, talk to the lawyer about this, as there is no simple answer. My instinct is to inform the court and provide evidence and witnesses that the conversion is real. I would at least mention it. But I agree that there is a danger that the judge may think the conversion was done solely for purposes of asylum. So how to present that would depend on how strong the original case is. Hopefully, you can talk to a lawyer about the best approach. If you do not have a lawyer, I strongly recommend that you find one, as that can often make a difference in a court case, and if your final hearing is in February, you do not have much time. Good luck, Jason
Jason, thank you very much for your detailed response.
Hi Jason,
I had my asylum interview on 10/9/2019 but no decision yet. I called the USCIS office and emailed them few days ago, they told me that the case is still under review. I am very worried about the delay. I know that the processing time varies and may take long time. Is there anything I can do from my side or my lawyer side?. The waiting time is very stressful.
Thank you
I think there is nothing to do now, especially since it has only been a month and a half. It is very common to see delays for several months after the interview, and so at this point there is nothing to worry about. I would give them at least another couple months before inquiring again. Even though it is frustrating, your situation is normal and at this stage, an inquiry will not do much. Take care, Jason
Hi. I have pending asylum case no interview yet. I am outside the US now. I just got immigrant visa through consular processing employment base. I am ready return US. My questions 1. how long it takes to withdraw my asylum application. 2. After withdraw asylum application, Is there any restriction to use my green card related with asylum application. 3. Can dependents go to my home country without problem to return US. 4. Is there any problem to renew passports for my kids after withdraw asylum application.5. Please give me your advice related my case
Hi Guyrew,
Congratulations for your immigrant visa. Could you please tell which country did you apply consular visa from? and how long the whole process took?
Thank you.
It took 39 months from beginning. It is Nigeria
Hi Jason, I’m also working on form I-131 to file for Refugee Travel Document. I want you to know that I am an asylee. My asylum was granted here in the United States. There are two things I am confused about on I-131 form:
1- Regarding the question about the purpose of trip, is it acceptable to write: “To visit friends for a temporary period.” or a refugee travel document is like an advance parole, in the sense that it is only issued for necessary travel for humanitarian reasons?
2- There are few confusing questions on the I-131 form about the country of citizenship and about reacquiring the nationality of that country. For example:
an asylee from Russia would answer:
I- Country of citizenship: Russia
II- Country from which you are a refugee or an asylee: Russia
III- since you were accorded refugee/asylee status, have you, by any legal procedure or voluntary act reacquired the nationality of the country named above: No
You see why these questions seem confusing because an asylee from Russia is still a citizen of Russia in theory and he does not need to reacquire the nationality of Russia again. I believe that is true for most asylees. So what is the point of asking this? for many theses questions seem contradictory and does not make sense.
1 – You can put any reason you want, as long as it is legal and does not involve going to the home country. 2 – It is a strange question, but I think the point is to know whether you have acquired a new citizenship and can use a passport from your new country (and if you did acquire a new citizenship, it would likely cause you to lose your asylum status). We have always answered “no” for that question. I also don’t know what is the point of asking the reason for your travel, since you can get the RTD for any reason. Maybe with all the money they will make when they increase the fees for these forms, they can re-evaluate them and make them more understandable and relevant. Take care, Jason
Hello Jason,
When my case is referred to the court for removal proceedings, could there be anyone helping me by sending a letter to the court or the judge to support my case? I mean a letter from a mayor, congressman, or from white house?
Anyone who knows something relevant to your case (including that you are a person of good character) can write a letter to help with your case. I did a post on August 16, 2012 about witness letters – maybe that would be of interest. Take care, Jason
Hi Jason, I saw a question about the “class of admission” on Form I-131 in some previous comments. You advised the person to use the status they had when they last entered the U.S like F-1 or J-1. I had the same confusion when I was applying for my refugee travel document and I was given the following advice : ” if the individual entered the United States in one status and is now in a different status, it is recommended to include both, i.e. F-1/H-1B or H-1B/Parolee or J-1/Asylee”
So in my case I entered the US as F-1 student and then I was granted asylum so I put in my application:
F-1/ASYLEE
what do you think?
I think that is fine. I do not know what that question is included, and as long as you give an answer that seems reasonable, I think there is no problem. Take care, Jason
Hello Jason, I asked you earlier about filing out the I-131 form for Refugee Travel Document. You brought to my attention that there is $85 biometric fee. Thank you for this I’m grateful to you!
When I prepare my check, do I pay the total which is $220 or do I make two separate checks one is $135 for filing fee and one is $85 for biometric fee?
Also, how long do I wait to receive my refugee travel document?
Thank you Jason. Your help is very valuable.
We always write one check for the total amount. As for the time frame, you can check processing times at http://www.uscis.gov, but I am think it is taking maybe 4 to 6 months these days. Take care, Jason
Hi Jason, my local asylum office approved me and gave me approval notice. attached with the approval notice is a small paper called Departure Recorded stamped on it “asylum status granted indefinitely” and the date of grant. What to do with this small piece of paper? and it says if you travel outside the U.S you should give it to Costumes and Border Protection at the airport? Can you clarify?
It is the I-94. It serves as proof of your status here. Just keep it. If you leave the US and they ask for it, make sure you have a copy for yourself. Also, you should not leave the US unless you have a Refugee Travel Document (form I-131, available at http://www.uscis.gov), which allows to you to return here at the end of your trip. Take care, Jason
Hello Mr Jason. I want to request refugee travel passport because asylum granted sir. I just need some help sir
– USCIS wants a copy of an official photo identity document with my I-131 application, Can I send a copy of my work authorization or California state ID ?
– USCIS wants a payment of 135 dollars, what is the best way to make the payment?
– As for question, class of admission, I was admitted into the U.S as “F1” but now my asylum granted so I’m an “asylee” which one I use on my I-131 application?, my original status when I arrived to the U.S as “F1” or my current status “asylee”
1 – You can send those, but if you have a passport, you should send a copy of that too. 2 – It is always best to pay by personal check (or online for forms that accept that). Here, I think you also need to pay the biometric fee, so your total should be $220 – check the form instructions to be sure. 3 – I think you can put either one – we tend to put the status you had when you last entered, so maybe F-1 in your case. Take care, Jason
My lawyer told me that I’m inelegible for asylum and we have to fight that in court, but the question is, in original asylum application I didn’t put this info(I didn’t know) on interview when asylum officer will see that I’m inelegible(2nd citizenship) will he conduct an interview or just automatically send my case to court?
If you have a second citizenship, you generally need to show that you will also be persecuted in the second country or perhaps that you are not “firmly resettled” in the second country, though it will be very difficult to show the latter. I expect you would get a full interview and – if you cannot show a fear of persecution in both countries – you would be sent to court. I do not see why you would have a better chance to win in court. The Judge would follow the same rules as the Asylum Officer. You should think of alternatives to asylum if you cannot win the asylum case. Take care, Jason
Hi. I have pending asylum and no interview yet. I am going to apply for advance parole i131 form. Is there any documents that I need to attached? I filled application form out and add application fee. What else I need? Thank you
You need to provide evidence of a humanitarian need to travel. For example, maybe you will visit a very sick relative in a third country. Get a letter from the doctor and some proof that the person is your relative. I wrote about AP on September 11, 2017 – maybe that would help. Take care, Jason
Hello Jason, I filed out form I-131 for refugee travel document and I just want to ask if certain things:
1- In response to question about Class of Admission, I answered “F-1” since I entered the U.S on F-1 visa although I’m no longer on F-1 status and my asylum was approved recently. Is my answer correct?
2- In response to questions about: date of intended travel, expected of length trip, purpose of trip and countries intended to visit , I answered (TBD) meaning (To Be determined). would this be problematic?
1 – That is probably fine. You could also probably put asylee. I don’t know that it much matters, but we normally put the status they had at the last entry into the US. 2 – I thought you did not need to answer those for the RTD, but maybe I am not remembering correctly. I would not put TBD, though, I would answer the question. For the RTD, it is valid for one year, and you can go where you please (except to the home country), so I doubt it much matters what you put – you can just say what plans you have at this time. Take care, Jason
Thank you for your help!
I would like to know how early can I apply for AOS EAD before my current EAD expires (A05)?
FYI I have less than 180 days.
If the current EAD will expire in less than 180 days, you can file to renew now. If by AOS, you mean adjustment of status, you cannot apply for the green card until one year passes since you received asylum (and you have to be physically present in the US for a whole year – so if you leave for 2 weeks, you have to wait a year and 2 weeks). Take care, Jason
Let me give you the background about my case.
When I applied for my Adjustment of Status (AOS) after one year as an Asylee (Granted Asylum). I have applied for AOS EAD along with my AOS was denied as I had the valid EAD(A05) till April of 2020.
My AOS Is still pending.
But now it is less than 180 which my EAD is above to expire, I’m planning to apply for the AOS EAD. Is it okay to apply for AOS EAD or should I wait till my current EAD to expire?
If you are applying for a green card based on asylum and you need to renew the EAD, you should file based on category a-5 (asylee). They used to allow it under c-9 (AOS), but I think they do not any more. Also, you probably need to pay the fee or do a fee waiver, as I doubt USCIS will accept the I-485 receipt in lieu of payment (they might, but more likely, they will reject it causing more delay). Take care, Jason
Hello Jason, My asylum was approved last week and I want to thank you for your great support. Now, I am filing out form I-131 to obtain travel document:
1- Question 6 on I-131 form is about “Class of Admission”. what is this sir?
2- There is a confusing statement that says: “If you are applying for a non-DACA related Advance Parole Document, skip to Part 7; DACA recipients must complete Part 4 before skipping to Part 7.” What does this mean to me? Also part 4 and 6 seem like important so what should I skip and not skip?
3- If I am required to complete part 4 which is “information about proposed travel” how detailed should I be about the purpose of trip and countries intended to visit? At this point I have not finalized travel plans. And if I list potential countries and then I do not visit them, could that be problematic
1 – The visa you used to enter the US. 2 – You only fill the parts of the form that apply to you – assuming you are seeking a Refugee Travel Document, which is what most asylees want, you complete the parts of the form related to that. 3 – I do not think this is needed for the RTD, but if you need to answer it, you can list countries where you think you will go. Once you have the travel document, you can go where you please, except to your home country. Take care, Jason
Hello Jason,
I applied for asylum in 2014 and I got recommended approval in July 2019. So it’s been 5 months already after recommended approval and still I didn’t get any final decision. Any idea why it might take so long? Should I be worried? Thank you.
I do not think you should worry, as it sometimes takes a while to get the final decision. I do think you can contact them to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason, what to expect in a green card interview? Have you attended some with your clients? Please offer your insight and advice. Thank you in advance
Most principal asylees do not get a GC interview. In general, for such interviews, they ask about the questions that are already in the form. They can ask more, including about the asylum case, so you should be prepared for that if they ask. Take care, Jason
Hi Fathi,
I’m not sure whether you called for an interview or it was just a question from you.
Just curious to know if you called for an interview then please answer the below
1. Did you get a mail for an interview for I485?
2. Are you a Principle Asylee or Derivative Asylee?
3. If you are a principle Asylee, which country are you from?
4.If you are a derivative Asylee, you didn’t have any Derivatve Asylee (I-730) interview?
5. Is there a reason why they called out for an interview?
I’m sorry I’m asking too many question because I’m in the same boat as you waiting on my GC petition and your response will be very helpful and appreciated.
If I get an advanced parole. Is it safe to travel out of usa? I mean is it sure that they consider my re entry in usa? Or they denies my re entry.?
If you have AP and it is valid, there should be no problem returning to the US. If you visit your home country, or potentially, even if you use your passport, it could affect the asylum case. But returning to the US with valid AP should not be a problem. Take care, Jason
Hi Jason ,thank you for your help .i had my asylum interview two month ago in Chicago office .but they don’t send me notice yet if they granted me or not.my asylum case was pending for 4 years .my question is how long it can take to make a decision?i can sleep since that date.they told me in two weeks they will send it but nothing yet.
Unfortunately, they often under-estimate the time for the decision, and it is fairly common to wait a long time. There is no way to know how long. You can contact the Asylum Office to inquire. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Json, hope you doing well brother. God bless you and pay you eternal for all the help you gave us. I am filling for status adjustment (I-485) and my wife, U.S citizen, she is applying i-130 for me. Currently I am in pending asylum status. I heard I have to apply I-130A support affidavite and I-131 for travel. One question thou… I have recently renewed EAD. I heard I have to apply for work authorization I-765 together with the above forms while adjusting status. I dont get it why.does that sound correct? What other document I should submit while adjusting status for LPR? Thank you sir
You do not have to apply for a new EAD when you file for your GC. The advantage of that is that you can receive a combined EAD/Advance Parole document, which you can use to re-enter the US if you leave. However, it is only valid for one year. As for the application, you should talk to a lawyer as the documents and forms needed vary, depending on the case. Take care, Jason
Hello Jason.
At last we are having our interview in our embassy as a derivative asylee, form I-730.
Can you tell me what kind of questions they are going to ask me at the interview? Can they ask me about my spouse’s case or no? Please tell me a bit about the interview in overseas embassy. What should I be ready for?
Thanks in advance.
There is a new manual about I-730 petitions that may help. A link is below. In general, they should not ask about the asylum case for the principal, but they could, so you should be familiar with the case. Otherwise, it is just biographic questions, questions about the whether the marriage is valid, and security background questions. Take care, Jason
https://cliniclegal.org/sites/default/files/resources/2019-1029-i-730-manual.pdf
Congrats to everyone who got good news.
Jason, my 3rd child was born in the US while going thru my asylum case, I have my hearing scheduled in February 2020.
Does the fact of 3 kids being born in the US somehow can help the case to get approved or no?
Thanks beforehand.
For an asylum case, it generally does not help. However, it depends on the case. For example, maybe the fact that you have US citizen children puts you in more danger at home. Or maybe they will be subject to female genital mutilation, and this could be part of your case. If you were in the US for more than 10 years before your case was referred to Immigration Court, you may be eligible for Cancellation of Removal. If so, having US citizen children would likely help that case. Talk to a lawyer about that. Take care, Jason
Jason, thanks for your hard work even on weekends.
Hello Jason, thank you for your help. I live in San Francisco and San Francisco asylum office finally approved me last week. now I want to move to a different state in the east coast to work and live. I) moving from the city where my local asylum office granted me asylum would in your opinion delay my green card processing after a year from now? or everything remains the same and I can apply for a green card on the same date I was told by the asylum office?
II) are there any states where you would advice me to not go? I’m considering New York.
III) In general, as my case is approved and closed. Do I have to inform the asylum office every time I move somewhere and does that mean they will send the case to my local asylum office?
Congrats!
I’m so happy That one person ends up this tough season.Can you share when you filed?
I – You can move anywhere in the US. It has no effect on the case. You must use form AR-11, available at http://www.uscis.gov, to inform the government of your new address. II – Anywhere is fine. I recommend Philly, as that is my home town and it is quite lovely. III – Yes you must inform them, but it has no effect on your case. Every non-US citizen must file the AR-11 and keep USCIS informed of their current address. Take care, Jason
congratulations!!
could you please share your details when did you applied
when did you received an interview date ?
and when your asylum got approv ed?
thanks!!
Hi Jason,
Is it required to state the traffic citation tickets (speeding) for the green card petition?
I had like couple of speeding tickets last year and I don’t have the original tickets anymore but I have a paid receipts online.
Please advise.
Thank you for your help in advance!
Unless these were crimes (such as DWI or reckless driving), you do not need to mention them. If you are not sure, just mention them and include copies of the receipts. It will cause no harm and then they can never accuse you of trying to hide something. Take care, Jason
Hello Jason, My asylum was approved few days ago in California and I have few questions for you:
1- My question is regrading travel outside the U.S. My case was approved few days ago so if I apply for travel document and they grant it to me. Can I travel to a third country in my region to see my mom? or you advice me to wait till I get a green card? getting a green card would require me to wait at least two years from now.
2- Im from Libya, so would that be problematic if I leave the US and try to come back even on a travel document?
3- If I move to a different state within the US, what would happen to my case?
1 – You can apply for a Refugee Travel Document immediately (using form I-131, available at http://www.uscis.gov). Once you have it, you can travel. Not all countries accept the RTD, and so you have to check with the embassy. As long as you do not go to your home country, there is no problem – you can go anywhere else. 2 – The travel ban does not affect people with asylum, so it is fine. Maybe keep your eye on the news in case there are any changes, but as of now, it should be fine, and I doubt there will be changes at this point. 3 – Nothing. But you must file a change of address form, AR-11. You can do that online. Take care and Congratulations on the asylum! Jason
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?