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:
How are u？ thanks for your help before. Here I have a tricky question that I have both refugee travel document and advance parole based on marriage on hand , I would like to 3rd country for business travel , if I should to show all of the documents to the CBP officer ? The second question is If I would use my original passport when I out of US ? Thanks for your time ,Jason
The RTD is probably the better document, so you can just use that. You can bring the AP document with you, so you will have it if needed. It is better to not use your passport when traveling, but not all countries accept the RTD. At least you should be prepared to explain why you used your passport (because the country you visited would not accept the RTD and you had to go there). Take care, Jason
Hi jason,
My asylum case is pending. My kids passports expiring in february this year. What should I do regarding expiration of my kids passport?
Unless the child needs a passport, you can do nothing. The child can get an EAD for an ID if needed. If you renew the passport, it could have a negative impact on your asylum case. Or at least you may need to explain why a country that wants to persecute you was willing to renew your child’s passport. Of course, if you fear non-state actors, as opposed to your government, then this is much less of an issue. Take care, Jason
Hi Jason,
Thank you for all your help and guidance that you are providing to the asylees.
Have you represented any christian asylee clients from pakistan in the past. Have the results been favorable? Do the cases usually get approved during the interview or are referred to the immigration court? Are there any specific evidence documents that the asylum officer or the court asks for?
I have included personal affidavits from my family members regarding incidents of persecution, added affidavits from direct witnesses who saw the incidents happening and who are not related to me…..added police report that i submitted regarding one of the incidents which can be verified from the police station, added court applications and orders from my home country submitted by my family since they were also facing persecution because of me……added church membership and support letter from my church in pakistan,…..submitted medical report from a doctor………submitted general country conditions reports from department of state, amnesty international, human rights watch, international religious freedom reports from u.s state department.
Are there any other documents that in your opinion I can submit to further strengthen my case?
We have done such cases, and as I remember, we have had good results at the asylum office (at least I do not remember any referrals). The evidence you list all sounds helpful. Two issues to consider (that are probably already covered by your evidence) – Is there anywhere in Pakistan where you can live safely? And can the government protect you? If these issues are not addressed in your evidence, make sure to address them. Take care, Jason
Hi jason,
During the asylum interview is the asylee allowed to take his own personal notes or reference documents into the interview room or is he only allowed to submit the evidence documents at the front desk and not allowed to carry any other doucments in the interview room with him.
You should bring all original documents with you, and you can bring them into the interview. However, the officers generally want to hear your story and do not want you to consult notes during the interview. I suppose if you need to, you can ask the officer whether you can – it may depend on the officer and the particular info you need to consult. Take care, Jason
Jason,
Would it be ok to apply for J1 waiver (based on persecution/fear of harm in home country) and to apply for asylum in the same time?
FYI, the applicant is married to a US citizen, marriage won’t help here (in terms of GC), because the applicant is subject to 2 years at home country hue to his J1 Visa contract.
You can do both. There should be no conflict between the two. Take care, Jason
Hi Jason , I got this message in status check .
On January 2, 2020, we updated your name for your Form I-765, Application for Employment Authorization .
I got this message for Asylum EAD renewal ..
What is this mean & how long it takes to get EAD card ?
Thanks ,
Raj
I think it has no real meaning, except that they are working on the case. We are seeing EAD renewals take 4 to 7 months. Take care, Jason
Yes Jason , I applied for renewal around Aug 2019 last week .
Thanks ,
Raj
Jason,
If someone has a pending asylum case while out of status, what happens if they run into ICE?
You should be fine, as you are allowed to remain in the US as long as your asylum case is pending. A valid EAD is proof of your status. So is a copy of the asylum receipt. Take care, Jason
Hi Jason,
I filed form i589 for asylum after 2 months of arriving here in usa. In the answers to questions I only mentioned the major incident of persecution which was the basis of my religious asylum application. Since I did not come prepared and I did not have any affidavits or police reports at this time so I chose not to mention the 2nd incident of persecution in answers to questions in the form.
Now since my interview has been pending for 4 years, I have been able to obtain a copy of the police report and affidavits regarding the 2nd incident as well. Can I add details to the answers in the form regarding the 2nd incident and submit those answers during the asylum interview. Can the asylum officer complain why I could not submit these details in initiatl filing and can this negatively impact my interview.
In my defense I wanted to do the initial filing as quickly as possible and my lawyer had told me that I can always present additional details at the interview when I can get hold of all the affidavits, court documents and police reports from my home country.
What would be a better way to explain this to the asylum officer?
You can add the additional information, but you should be prepared to explain why the second incident was not included originally. The asylum office should accept this, but we had one case where we tried something similar and the officer used that as a basis to find that the applicant was not credible. This seems pretty ridiculous to me, but it is possible (as we found out). It would depend in part on how you worded the original application, and if you left it open that there were other incidents. You might want to talk to a lawyer about how best to approach this. Take care, Jason
Hi Jason, thanks for your help!
I have an pending asylum case, still didn’t get an interview.
I just moved an apartment, how should I inform about my new address and how?
I ment who and how
Submit form I-11 online..you can do so online on uscis website…I did the same a few months ago..hope this helps…
Also update your new address with usps, dmv and if you have an online account with uscis then update address in that account as well…Also make sure that when you submit your AR-11 you submit it for all pending cases such as i589 + i765 and others if any…
I think you mean form AR-11. Take care, Jason
Hi Jason,
Does the USCIS or DHS use its unofficial resources or back channels like its personnel in embassies abroad to verify/share findings of an asylum case. Can this put the lives of friends and family members of an asylee in more serious danger. I know that the U.S govt is not supposed to share information or contact the home government or an other individual/entity of an asylees’ home country. Does the USCIS or DHS rely on unofficial resources or personnel in an asylees’ home country to share/verify the facts of an asylum case.
What resources does the USCIS or DHS is allowed to use to gather or verify information in an asylees home country? Can an asylees’ family get in to more serious danger and face further persecution due to actions of USCIS or DHS?
I have seen a couple cases from 10+ years ago where the embassy sent a person to investigate the case in some way. Supposedly, confidentiality was maintained, but not in my opinion. In a few cases, the embassy went to a government hospital to ask whether the asylum seeker had really been to the hospital. In another case, they inquired about an applicant’s documents from a police station. In those cases, while the embassy probably did not specifically indicate that the person was seeking asylum in the US, it was probably pretty obvious that that was the purpose of the investigation. I have not seen that issue for several years, and I have not see family members or others put in danger. I also believe the US government largely respects confidentiality. That seems to be particularly true at the asylum office level. Nothing is 100%, but as far as I can tell, seeking asylum is almost always kept confidential, and I think it is basically safe to do so. Take care, Jason
Hi jason,
I applied for my EAD renewal on December 20, 2019. What time it approximately take to get my renewed EAD card?
We are seeing renewals taking between 4 and 7 months. Once you receive the receipt, the old card is automatically extended for 180 days. Take care, Jason
Hello dear Jason,
My husband has an interview on 12 February 2019 at SF office, her status changed from decision pending to fee waived on 9th January 2020, what does it mean? It is a good sign or bad?
Sorry his status*
I am not an expert on this but usually this means good news. Congrats!
Some people say that this means the decision will be positive. I hope so, but I think you have to remain patient and wait for the letter. Good luck, Jason
Hello Jason,
I’m aware that the asylum case has to be based on one of the known categories. However, if someone is from a country where there’s an ongoing war, (like Libya), would that help the asylee? or boost up the chance for winning a case? In case of deniel, would someone from a country where there’s an ongoing war be removed or deported to such country where there’s no functional airport?
Generalized violence in a country is usually not enough, without more, to win an asylum case (for the reasons you mention), but it can make it easier to win, if you can demonstrate that you face harm on account of a protected ground. For example, we do a lot of cases from Afghanistan, where people face harm from terrorists due to their political opinion and religion. The fact that the country is a mess and that the government cannot effectively protect people from terrorists does make the cases more likely to win. If you are ultimately ordered deported, it is often harder to deport someone to a war zone, and so I think it would depend on the country. There are many cases of countries that we simply are unable to send people to. I do not specifically know about Libya, though. Take care, Jason
Thank you Jason, is there some different between I leave United States with I leave after I apply to Voluntary Departure and been approved by judge?
If you get Voluntary Departure from a judge and leave, it makes it easier to return. But it depends on the case. Talk to a lawyer about when and how you can return, if that is something you are interested in. Take care, Jason
Thank you Jason, I came to United States in 2017 by b1/b2 visa, then I apply to asylum in 6 months, my case still is in pending now, so my question is my b1/b2 is already be cancelled or not valid, right?
The B visa usually allows you to stay legally for 6 months. So it sounds like that time has passed, but if you filed for asylum, you can remain here as an asylum applicant until the case is decided (but your B status has expired). Take care, Jason
Hi Jason,
Thank you for all your help in helping asylees.
I have a pending asylum with LA Asylum office. My interview has not been scheduled yet. I came to usa on a B1/B2 visit visa in 2016 and filed for religious asylum. My I-94 and B1/B2 visa have long expired. Currently I am working on my EAD. My employer may be willing to sponsor my EB2. If I ask my employer to sponsor my EB2, would I be able to travel to a third country like canada to get the visa stamped on my passport and would I be able to come back to usa on my EB2 visa. I am also thinking of applying for Advance parole. When I am returning back to usa, can the us immigration officers refuse to let me enter on my EB2 and instead let me enter back on advance parole only.
Is it possible for me to go for consular processing of EB2 visa in a 3rd country like canada and would I be able to come back to usa on my EB2. Can the immigration officers let me return only on my advance parole and not on my EB2 visa.
Have you had any clients in the past who may have done this process and is it even possible. Please know that I have overstayed my visit visa by several years and would the 10 year entry bar apply to me if I tried to return back to usa from a 3rd country like canada on EB2 visa?
We are both in same boat if you find a good answers let me know my lawyer said go for it but I don’t want take a risk.if you’re labor approved and i40 you can easily get advanced parole .my lawyer didn’t tolled my about third world country.I think I need to consult him about this..
One issue I have seen is that some unscrupulous lawyers will do the I-140 part of the process, even though it is difficult (or impossible in some cases) to get the green card. Make sure the lawyer maps out the whole process, preferably in writing, so that you know exactly what will happen and this reduces the chances that the lawyer will do the I-140 and then tell you that he cannot help with the next step (which I have seen several time, unfortunately). Take care, Jason
Hi Jason,
Thank you for your immense help. Would you able to provide legal representation if I choose to have my employer sponsor my EB2 since you are an expert on this and have a better understanding in this issue. I filed my asylum application in the 3rd month after arriving here in usa so my b1/b2 was still valid when I applied for asylum…..I will call your office in a few days and request a skype appointment initially since I am living in phoenix, AZ.
Kindly provide your legal assistance in this matter. One thing I have realized over the years is that immigration law in usa is very complicated and difficult and even many senior attornies are not aware of all issues.
The only EB-2 cases we can do are National Interest Waiver cases; we do not do employee sponsorship. In any event, you might be better off with a local attorney for such a case, as it is easier to interact with them if they are nearby. Take care, Jason
The 10-year bar should not apply to you, as long as you filed for asylum while you were still in B status, or less than 6 months after your B status expired. As for the rest, it may be possible. It also be possible (though doubtful) to get the GC without leaving the US (based on INA 245(k)). You would need to talk to a lawyer to make sure you are eligible – and make sure to have the lawyer explain the whole process – up to getting the GC. I wrote about all this on August 28, 2018 – maybe that will help. Take care, Jason
Hi Jason
You helped me in the past, thank you.
After 1 year being granted asylum, I am eligible for the green card. I never visit to any country since when I movec to USA.
My question is about the green card. Do i need to go for medical exam as per the gteen card requirement?
Thank you so much.
Regards
ALISA
Yes – you can do the exam and send it with the I-485, or you can send the I-485 without the medical exam and then submit it later. We do it both ways, depending on the client, and it is fine either way. Take care, Jason
I recently consulted with an immigration attorney and told him that I filed a frivolous asylum application and now I’m thinking whether he will report to the USCIS. Do lawyers usually report if they find a fraud? Thanks.
We are not allowed to do that. If we do, we can be dis-barred, as we are required to keep client communications confidential. Take care, Jason
Hi Jason,
I was granted asylum(have green card now) and brought my wife and kids to the US 5 month ago via I-730 asylee relative process.
1. Now my question what do they need to do now?
2. Is there any documents we should request from USCIS or any state documents?
3. When can they apply for green card?
Please tell me what I need to take care of for my family?
Thank you very much.
If they do not have work permits, they can apply for those using form I-765, available at http://www.uscis.gov. They can also get a Social Security card through the same form. After they have been in the U.S. for one year, they can apply for the green cards. If they leave the US for a 2 weeks, for example, they have to wait 1 year and 2 weeks to apply for the green card. Also, don’t you become a US citizen until your family members have their green cards. Those are the main points, I think. Take care, Jason
Hi Jason,
Any idea about why the asylum cases pending with LA Asylum office are taking so long. I am a Christian asylee from pakistan and my case has been pending and no interview has been scheduled since march 2016. It has already been 4 years now. Any idea how much longer I would have to wait for my interview.
LA was a very slow office, then they got faster, but now, I am not sure how they are doing (the Asylum Division stopped publishing data). I do not know how much longer you will wait. If you want, you can try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason, thanks for your help and support
I am applying for form I-485 my question is what payment options Uscis accepts
Can I fill G-450 for credit card authorization or do I have to have cashier check pls guide me
I think you can pay with a credit card using form G-1450. I always pay by check, as I think that is safer (and because I am old school), but probably either way is fine. Take care, Jason
Hi Jason,
I submitted for renewal EAD based on C8 for me and my wife on July, 12 2019. My wife’s EAD arrived 11/20/19 but mine didn’t. She is my dependent on my case. When I looked up the Potomac Service Center processing EAD dates based on C8 are for October 2019 and I submitted ours in July, 2019. Can you please tell me the reason if you know why mine is held up and hers was granted? Is it necessary to apply for my children’s renewal EADs as well?
Thanks for your help.
It is common for people in the same case, who apply at the same time, to receive their EADs months apart, so that is normal. We are seeing renewals taking 5 to 7 months, so the wait time seems normal too. However, if you are outside the processing time, you can call USCIS at 800-375-5283 to ask about the case. I expect you will get the new EAD soon, but if you are nervous about it, you certainly can call and inquire. Take care, Jason
Hello Jason,
I saw this article and I wonder if you have any idea about it? Thanks!
“To Produce Citizenship Data, Homeland Security To Share Records With Census”.
I do not know about it, but I know the Trump Administration has been trying to intimidate non-citizens so that they do not participate in the census. This would cause an under-count, which means less resources would be sent to the areas that have fewer people (or that seem to have fewer people do to the under-count). Take care, Jason
Happy New Year Jason,
I left my country in 2014 and now waiting for my hearing with IJ.
I got some strong new affidavits from friends where they talk about their situation very similar to mine which explains the situation in the country.
When I was discussing these affidavits with some experts who represent asylees in court on the current situation in the country, they told me that since I am not involved in those incidents, I don’t need them.
It has been 6 years since I fled my country, there is no way I could be part of those new affidavits.
Can you please share your thoughts on that?
Thank you!
Without knowing specifics, I cannot really say, but if the new affidavits reflect problems for people similar to you, it seems to me that they would be helpful. Without knowing the case, though, I really do not know. Take care, Jason
Hi Jason, happy new year of 2020.
I was living in SF, CA and applied asylum 2 months ago and my i-589 application was rejected and returned me back for miss filing a few blank boxes on application form.
Now I moved to NJ due to sudden change of my work place. Can i apply from NJ center and if i apply do I need to file a new i-589 form or file the old rejected application with completed boxes (change the address on app as well) and submit from NJ center?
If the case was rejected and is not pending, you would have to file a new application. You can use the old form. However, that probably has your old address, so you would probably need to update the form (and fill in the empty boxes) before you re-send it. This type of rejection happened to many people in the last few months – I wrote about it on November 20, 2019. Take care, Jason
Hello Jason!
Back in 2014 applied for asylum, 2015 got our work authorization, 2017 the interview and was denied,2017 first hearing with an immigration judge,2018 second and december 26 -2019 my cancellation of removal case was GRANTED 😊😊what happened after that?
Thank you!
Congratulations! That means you get a green card, though you may have to wait for a year or two, as there is a queue for GCs based on Cancellation of Removal. The judge and your lawyer should have explained about that. If it is a final grant, then you have to Google “post order instructions in immigration court” and follow those – that is how you get issued the actual green card. Take care, Jason
Hi Jason,
My case for asylum is pending more than 3 years and my wife is back in home country with my 3 year old son.She has US visa but son doesn’t have one. If they both somehow come to USA will that be fine?? Or will that have some adverse effects on my case.
If your son can get a visa and they come to the US, I do not see how it would have an adverse affect on your case. Unless maybe your case is about how your home country will not allow them to leave, or something like that. But having relatives arrive in the US would not normally affect the likelihood of success in an asylum case. Take care, Jason
I came in 2016 on F1 visa but did not attend school and overstayed 7 months. Then I applied for asylum. Now I’m going to cancel the asylum application and go back. At the airport in my country I want to tell them that I was studying and still have one more semester to finish. Will they find out that I’m lying? Thank you.
I doubt your country will know, but I am not sure. It may depend on whether you had a fellowship from your home country. I do not think the US government will inform them that you failed to attend school, but I do not know. Asylum is confidential, but I do not know that your attendance at school is kept confidential. I do not know the consequences of lying to your home government, but I would be very careful about that, just in case they somehow know. Take care, Jason
Hi Jason,
Happy new year to you and your family!
I am within C8 category and my EAD is going to expire in July 1, 2020. Should I file renewal on 180 or on 120 days before expiry date? confused about the days.
Happy New year!!
Sam
You can file up to 180 days before the EAD expires. We usually wait a couple weeks after the 180 days, just so the renewal is not rejected as too early. Happy New Year, Jason
Hello Jason,
First of all Happy Holidays! I applied for I-485 in January 2018 and it has been close to two years now with no update with my case. Besides I’ve received no explanation on the status of my application except for the usual ‘your case is still witnin the processing time so wait’ response. USCIS processing time passed my priority date a few week ago but now they pulled it back to November 2017. I have also contacted my representatives about it and USCIS’s response was ‘we are unable to render a decision on your constituent’s I-485 application until certain issues are resolved.’ They haven’t mentioned what these issues are. What issues could they be referring to? In addition, I would like to know your thoughts on filing a lawsuit. Is two years long enough of a wait for a lawsuit? Also can you give me an estimate of the cost and how long does it take for such lawsuits to be completed.
Regards,
Fellaini
The message they sent you does not really tell you much, and I think you cannot really read into it, as it may be nothing. Unfortunately, processing times are slow (deliberately so, in my opinion). Before you try a lawsuit, maybe try the USCIS Ombudsman – a link is at right. This is free and they sometimes help with delayed cases. As for a lawsuit, I do not think that would work if you are still within the posted processing times, but you could talk to a lawyer about it. I do not know the price, but maybe between $2000 and $4000 is a reasonable guess (though if USCIS fights the case, it could be more work, and thus more expensive). Take care, Jason
Dear Jason,
God bless you!
My only question is how long it takes to receive a decision after expedited interview has been done?
Waiting for your reply soon!
There is no time frame. Many decisions are made within 2 weeks, but other cases take weeks or many months, and it is not predictable. If you feel there is a long delay, or if you have an emergency and need to expedite, contact the asylum office and inquire about the decision – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank you Jason. God bless you.
Hi Jason I am in the same situation.i had expedited interview since 09/10/2019 but no decision yet .they said two weeks but now this is three months .do I need inquiries about that ?
You can inquire – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks Jason ,my attorney said to wait so the decision takes sometimes longer .he said I do not need to inquiry yet .i had my interview in Chicago office .on Mars it should be 6 months I had it.can I make inquiries without my attorney or he need to do it for me later ?
You can make an inquiry on your own, but it is better to keep your attorney in the loop. If he thinks you should wait a bit longer, maybe that is the better advice, since he is familiar with your case and I am not. Take care, Jason
Hi Jason,
Hope this finds you well.
I am changing my address from Arlington, VA to Newark office
My application has been pending for a year now! Would Newark office schedule my interview quicker?
Regards
Kassim
Newark has been a fast office lately, so that is possible. Make sure you are ready to go, just in case. Arlington is expected to speed up soon too, though we do not have any official news about that yet. Take care, Jason
Hello Jason,
Thank God, I have been granted asylum few days ago. My case was pending for many year and I already have my social security card. In the benefits included in the approval letter mentions getting unrestricted social security.
My question is, do I need to go the social security office with the approval letter to update my social security card and my status to untested or this update happens automatically between the uscis and the social security center?
Thanks a lot
Congratulations! That is a great way to end the year. You should receive the new EAD automatically. Once you have that, you should contact the SS office to get a new, unrestricted card. As far as I know, they will not send that automatically. Take care, Jason
Hello Jason,
Thanks for helping people like me.
I have one question, my son (above 18 yrs) lost his Biometrics paper (i589-for his asylum application). Can he ask for a new one from the office we did Finger printing (Bio metrics)?
Thanks,
Happy New Year!!
I do not know how to do that. The easier (but slower) way is to file a request for the whole file using form G-639, available at http://www.uscis.gov. If you just need proof of a pending asylum case, you may be able to get that directly from the asylum office – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks so much Jason. I will try your suggestions.
Be Blessed!!
Merry Christmas! And best wishes for a healthy, happy, and peaceful New Year to Jason and all people here waiting for the interview.
Merry Christmas to you too, and hopefully, 2020 will bring good things. Take care, Jason
Hello Jason.
I have my Master Calendar Hearing a week ago based on Asylum. Recently, the Military’s Bill that was passed by the House and signed by the president of USA, in this bill, there is provision that allows people who arrived in US From my country in 2014 and got on TPS until it ended in 2015, will be allowed to apply for permanent residence, which I happened to be one of. So, since I’ve applied for Asylum and currently in immigration proceedings, can I be eligible to apply for the permanent residence designated? Can the court cancel the proceedings if requested?
I do not know about that law, but certainly you should talk to a lawyer to see whether you are eligible. In many cases, people who are eligible for a GC can close their court cases, but it depends on the case – talk to a lawyer as that may be a better path for you than asylum. Take care, Jason
hi jason,
happy and merry christmas to you 🎄.
i have applied Gc 4months ago based on asylum. my case status shows finger prints attached to file.
1.do you have idea what would be the next procedure?
2. do i get any paper once its confirmed nd card is still processing (before gets green card like I-797) ? i need some proof for DMV renewal nd for my employer.
3. i applied in california but i received receipt from nebraska office. is it normal?
california doesnt have own office!?
thanks for supporting us.
1 – If you are a dependent asylee, you should get an interview. If you are a principal, some get interviews and some do not. 2 – I am not sure what you mean. You should have a receipt for the I-485. You may need to renew your EAD, but that is a separate application (form I-765) with a separate receipt. 3 – I do not remember which office process each case, but there is a service center in Nebraska and many application get sent there, so my guess is that it is normal. Merry Christmas, Jason
Hi Sir. I received advanced parole document today. It says valid 03/31/2020 – 05/28/2020 . So I confused now. My question is do I have to travel between these dates or do I have return to US between these days. For example can I leave 03/20/2020 and return 04/10/2020 ??? I appreciate your help.
AP allows you to return to the US during the period that it is valid, so if you leave the US, you should be able to return to the US between 3/31/20 and 5/28/20. Take care, Jason
Why it is short?I heard they give for periodic at least for one yeay.Is that because you requested for period shorter than one year?
They often grant AP so that it expires after the last travel listed on the I-131 form. For that reason, it is good to list two trips – one in maybe 5 months and another in about a year or 1.5 years. Hopefully, it will be granted until after the second trip, so you will have it for the longest possible time. Take care, Jason
Hi Jason,
I was waiting for the decision for my asylum case. I had my interview in Oct 2019. I don’t have any pending EAD applications. The receipt number mentioned in the notification is the number of my asylum receipt. Please advise me what does that notification mean?
On December 19, 2019, we received your case and waived the filing fee for your Form I-765, Application for Employment Authorization, Receipt Number#. We mailed you a notice describing how we will process your case. Please follow the instructions in the notice. If you do not receive your receipt notice by January 18, 2020, contact the USCIS Contact Center at.
Thanks a lot
Some people say that this indicates good news, but I think you have to wait for the written notice to be sure. Good luck, Jason
Thank you Jason for your help.
Does the asylum office do the same ( automatically issue and waive the fee for the EAD and sends it with decision) in case they referred my case to the immigration court? Or this only happens if the decision was approval.
Thanks you
They only automatically send you an EAD if your case is granted, and there is no cost to this EAD. Whether that means you can rely on the on-line message to predict the outcome, I am not 100% sure. Hopefully, you will get a good result soon. Take care, Jason
i had the same update at the same day. fingers crossing. Hopefully it is good news.
Hello Jason , I’ve been watching this blog for the last 4 years , Thanks for your answers and your efforts, I applied for Asylum AUG/2014 and till now no interview Miami Office , and I have an attorney since day 1 , but believe it or not I gave him some info about Asylum process he wasn’t aware about!! And he admitted it !!!
Do you have any advice to me if there is a away to expedite my case for interview or lawsuit?
Thanks
I do not know that a lawsuit would help. Also, Miami is one of the busiest offices, and I do not know whether things will speed up there in the near future. I did do a post about expediting, and maybe that is worth a try if you have a decent reason (and even if you do not have a good reason, you can try). That post is from March 30, 2017. Take care, Jason
Hello Jason,
I had my master calendar hearing today in Pennsylvania, and was scheduled for individual hearing in 2024. Is it possible for my lawyer to switch date with date of someone else’s hearing like, 2020, or 2021, so my hearing can be done ASAP?
It’s generally not possible to switch dates, though maybe if you have someone who wants to switch, you can try. The more common approach is to file a motion to advance. I wrote about that on April 20, 2017. Take care, Jason
Hello ,my brother came to the US through his wife ,she is a citizen and he holds a gc,she wants a divorce but his worried he might not have his citizenship if he signs that divorce ,so I wanted to know if he can go ahead and sign and later on file for citizenship when his 5 years old in the USA,I appreciate ur response ,thank u sir
Sorry, I can only answer questions here related to asylum. The answer to this question depends on different factors, and so I highly recommend he speak to a lawyer. Take care, Jason
A general question: if asylum is not granted then what is the maximum time the person gets to be prepared to go back to his country? And if the passport is not valid or renewed then does he get enough time to renew his passport and leave for his country? Thanks.
If a person is ordered deported in court and does not appeal, they basically have to leave at the end of the appeal period (30 days from the date of the judge’s order), but the time to leave varies depending on the case, whether you were denied at the asylum office, in court or at the BIA, whether you got voluntary departure, etc. Take care, Jason
Hi Jason, thanks for your help!
I have an pending asylum case, still didn’t get an interview.
I just moved an apartment, how should I inform about my new address and how?
Use form AR-11, available at http://www.uscis.gov. You can file online. Take care, Jason
Hi Jason,
My wife and I were granted asylum (IJ) in june 2019. In August my wife was diagnosed with uncurable srage 4 cancer. All hospitals we have been to refused to do surgery because she might not survive it. We started to look for doctors who would do it overseas and found one in Russia.
We got scheduled infopass meeting to obtain advanced parole. Since she did not have any valid travel document or passport she was adviced to apply for travel document with ezpediting service request. We did that. Days passed and she started getting worse, pains stronger. She was literally dying. We dwcided not to wait anymore and I took her to Russian consulate to request a document so she can travel one way back to Russia. (Country of origin)
She got surgery, she is feeling better. Although the while treatment is not over.
My question is didnshe loose her status? can she come back? How? What should be done? My attorney said he does not know what to do. I am ready to hire attorney who knows what he is doing.
Last week I received a notice for her for biometeics. Without biomwtrics no travel doc.
This is very tough situation. I am stuck here with our 3 kids waiting for my travel document.
Please let me know if you can help with this?
Thank you!
Unfortunately, I do not know either. I recommend you contact the US embassy and inquire with them. Also, you should reach out to your Congress person (a link to the House and Senate is at right). The fact is, except for their policies, they could issue the travel document without biometrics, since they already took her biometrics in connection with the asylum case. I wish I had a better solution, but I think the place to start is the US embassy. Perhaps you can also look for a US immigration lawyer who does embassy work and is maybe familiar with the embassy there. Good luck, Jason
Hi jason thanks for all you do !!
My wife is peteioner for me in i130 i am beneficiary.
My current status is pending i589 application we just recently got married i am in united states. My question is.
Does she need affidavit of support, to be attached with i130?
Do we file i485 i765 with i130 ?
Are there any complications we need to keep in mind considering my i589 pending with usics will appreciate your kind guidance.
Regrds
I wrote about this on August 2, 2018 – that post may help. If she is a US citizen and you are eligible for a GC (talk to a lawyer to be sure, but most people who entered with a visa, who have no immigration violations, and no criminal issues are eligible), then you probably want to file all the forms together. If she has a GC and is not a US citizen, you may not be eligible to get the GC in the US, and so she might just file the I-130 initially. There are a number of variables, and so you might want to talk to a lawyer to be sure about what you are eligible to do. Take care, Jason
My asylum case is pending for 7 years. If i receive refferal to go court now, will that means I cant apply for cancellation of removal anymore? Because I need 3 more year to complete to 10 year residency in us with no crime and I have us citicizen immediate family member. Thanks
You need 10 years inside the US for non-LPR Cancellation of Removal. The “clock” generally stops once you are referred to court and so if you do not have the 10 years, you cannot apply for Cancellation. There are other requirements for Cancellation as well – a “qualifying relative,” who must be an LPR or a US citizen, good moral character, and no disqualifying criminal convictions. You’d have to talk to a lawyer to evaluate the strength of any such case. Take care, Jason
Hi Jason, pls guide me on medical insurance
If pending asylum or having asylum status people get medical insurance at discount rate (tax credit or federal credit)
Will it impact in anyways in future for applying for green card or naturalization
Some people say that it can hurt your eligibility for green card
The public charge rules do not apply to asylum seekers, people with asylum or people who got a GC based on asylum, so there should be no issue. I wrote about this (when it was a proposed rule) on September 24, 2018. Take care, Jason
Hi Jason ,
I need to know the approximate interview date while i filed my Asylum at Houston center in Dec 2016 and also I applied for extension of EAD in Aug 2019 and it still processing ,
Just please let me know approximate Month & Year for Interview because I want to be a real estate agent before that I need to finish school course then I need to pass Texas state exam (TREC) to work in real estate field .
No one can tell you that. USCIS used to have a scheduling bulletin, which gave some very vague idea about when to expect an interview, but that is gone. I do not know how things are moving at the Houston office, since they stopped publishing data about that, but maybe someone here can give you an idea, or if you know a lawyer in Houston who does a lot of asylum cases there, maybe that person would be able to give you a sense of how cases are moving. Take care, Jason
Hi, So can you become a real estate agent with having EAD (C8) and with pending asylum interview? I mean if you have a Texas ID (valid) can you apply to TREC for final exam?
Thanks.
This may vary by state – probably you would need to contacting the organization that licenses agents to be sure. Take care, Jason
Thanks Mr. Jason, Do you have an idea about Texas state? weather they accept or no?
Thanks.
Sorry, I do not know, Jason
Hi Jason, Hope you doing great.please i need your detail and sincere advice on my this issue.
Background: i got my green card through asylum on June 2019( the whole process took 7 years to get green card), after i got my green card i joined Air national Guard and, its 4 month i am serving now, waiting for my basic shipment dates but i going weekend drills once in month and i have my air force military card too.
i applied for citizenship through military base but they saying i have to be in service for one year to apply for citizenship, this is introduce by new administration.
Now here the problem my father is sick in back home and i want to visit him, and i do not want to renew my passport i am apply for travel documents now, and i want a permission from immigration that they allow me to visit my home country for 20 days.how i can get permission from USCIS and who i write letter to discuss my problem and get permission.can i able to travel my home country in travel document.please help me out, as you always did thanks in advance
I know of no way to get advance permission to return to the home country. I have had clients who returned back, and they have not had any issues. That said, returning home – even with a GC – can cause issues for an asylee. The problem would possibly be worse for a person who fears his home government (as opposed to a person who fears terrorists in the home country). You should be prepared to explain why you returned and maybe have some evidence available (like a letter from your father’s doctor). You may need to make this explanation when you return to the US, and you may also need to explain again when you apply for citizenship. If you are not sure about this, talk to a lawyer about the specifics of your case to see how you can minimize the risk. Take care, Jason
Thanks Jason for your quick respond
Regarding explanation when I apply for citizenship I feel I don’t need too Becaue I am in the Air Force and I apply for citizenship through my military service, not asylum base. Second yeah I can get doctor letter to show them that my father is sick. Once more question does it’s a valid reason too if I said I have to marry and that girl live in back home so is marriage is a valid reason. In last can they stop me to not letting to come to USA 🇺🇸 or just they file a case agaiant me if I go home. As the new administration is crazy about immigrant I don’t trust them they can do any thing. Does they have legal right to revoke my GC. Thanks again and God bless you
Just what I heard before. Even you apply from military it doesn’t matter for UCSIS because you already claimed there is a problem at my home country. So you think like this situation. Somebody applied for asylum and then win dv lottery and get GC. Then he or she isn’t consider on asylum case. That is definitely not correct. You will be in asylum case until get the citizenship. By the way that is real happen before. You are going be at big risk when you get interview for citizenship.
Sir I applied for citizenship and it’s citizenship form it’s asked you on what basis you are applying, only my military status allow me to apply early otherwise I have to wait 3 more years.and second they didn’t charge any fees for from too just because I apply on military base. So once I get my citizenship than it will be on my army basis not asylum. I know there are problem till I get my citizenship that why I make sure I do everything right and legally. I will ask Uscis to give me permission to visit home if they do so that it would be great let’s see. Otherwise I have to wait 7 more month to get my citizenship
It does not matter how you apply for citizenship – the fact that you had an asylum case is in your record, and if you return to your country, it could create issues for you. So you need to be prepared to explain about the return trip. Whatever the reason for the return, you would need to explain. It seems to me that the marriage reason is not as strong, since you could meet her in a third country, but if you go back to meet her, you may need to explain that too (on the other hand, it’s also possible that no one will every ask you about these things). I doubt the return trip would block you from re-entering, but it could cause them to look again at the asylum case and it could also come up when you try to naturalize. Take care, Jason
I already asked you other question in blog section . Thanks for reply .I am going to apply for BIA but still i have questions ,
1. Still I need to send copy of BIA appeal to DHS too before Due date ?
2 . I don’t have attorney now but I am sending BIA appeal my self so can I add attorney after appealing / before hearing .
3. Can I approach you later if it is possible to include attorney after BIA appealing because due date is on 12/16/2019 .
Please help me .
I have limited ability to answer specific question since I do not know your case: 1 – If you appeal, the original (including the fee) go to the BIA and a copy goes to the DHS office that litigated your case before the Immigration Judge. 2 – You can add a lawyer any time. 3 – Yes. I know you emailed me about this, but unfortunately we cannot take a case with a short deadline because we are backed up. Once you have the appeal receipt, if you want, please let me know and we can see if we can help. Take care, Jason
Hi Jason I filled I-485 form since September 2019
Uscis transferred my case to national benefit center.
I want to know why is the reason of the transfer.
They transfer cases around a lot. I tend to think it has no real meaning, and may just have to do with workload at the different offices. You can see the processing time for an I-485 at http://www.uscis.gov, but they seem to be 12 to 36 months, which is a wide range. Anyway, I doubt that the transfer is anything to worry about. Take care, Jason
Jason, it looks like as asylees we need to present our last 2 years of tax returns to the Immigration Judge. If the income is low, will it impact the outcome of the case?
We normally do not present that for our clients, though certainly you can, and paying taxes helps show good moral character. There is no income requirement for asylum, so I do not see that a low income would have any negative effect. Take care, Jason
Great, thank you for your detailed response.
Jason, my asylum is built on relgion. I converted to Baptism here in the US. I have affidavits from the church and pastors.
I am waiting for my hearing with IJ. Do you think I should invite pastors to my hearing? Some are saying that I should some that is not neccesary.
Please share your experience on this.
Thank you!
Jason, my asylum is built on relgion. I converted to Baptism here in the US. I have affidavits from the church and pastors.
I am waiting for my hearing with IJ. Do you think I should invite pastors to my hearing? Some are saying that I should some that is not neccesary.
Please share your experience on this.
Thank you!
For the Master Calendar Hearing, no. But for the Individual Hearing (where you present your whole case), I think that is a very good idea. I can’t imagine why you would not want such witnesses to appear in court, and if they do not appear, it may look bad. You can also get members of your church or others who know of your conversion to appear as witnesses in court. Take care, Jason