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download-225x300Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals.  He is a partner at Murray Osorio, PLLC, and his full profile can be found here.

Contact Jason Dzubow about an Asylum or Immigration case:

Jason@MurrayOsorio.com

(202) 328-1353

13,786 comments

  1. Hi Jason ,
    I need your help , please , I’m a Syrian citizen and have a pending Asylum case since 2013 , I only did the fingerprint at that and that’s it ,
    Now I’m looking to apply for EAD through my pending asylum case so I have to fill the I-765 , HOWEVER , I did have an EXPIRED EAD granted to me with my TPS ….
    So again this is the First Time I’m applying to EAD from my Pending Asylum case but I have an expired old EAD granted from TPS ,

    my question is should I pick in the beginning of the form that it’s a renewal and attach to them a photo of the old expired EAD or pick a NEW EAD

    Thanks so much for your help

    Reply
    • For this situation, we choose “new EAD,” since it is your first EAD under the asylum-pending category. You should include a copy of the old card anyway, maybe with a short explanation that you had an EAD based on TPS and now you are seeking an EAD based on the pending asylum case. Take care, Jason

      Reply
  2. Jason, thanks for all your support and support.

    I was granted asylum after many years of waiting on Feb 4th.

    What are the next steps for me now? All I have is a decision letter from IJ.

    Reply
  3. Hi Jason,

    Hope your doing good.
    I have couple of questions to apply for asylum.
    1) Currently I am in US with my family on a legal status for the past 5 years. I am working in a reputed company where they filed for my H1B and also filed for my green card. We never returned back to our home country as we have some life threats due to our marriage. Can we file for an asylum?

    2) If yes, will it be a problem for my work or H1B or green card. My company has very good law-firm, will they come to know that i have applied for asylum and if they inform to my company then will they fire for my current job?

    3) We are planning to go our home country this year, but we are still afraid as both side of our families will come to know and they can attack us. We have kids as well, so worried to go back. Please suggest whether to go and come back, after that can apply for asylum? or is there an option to apply without going itself.

    4) Is there any possibility to get approved if i apply for asylum?

    Thanks in advance,

    Reply
    • Mr. Jason,

      A few days My asylum case was approved in the immigration court and I got the final order paper from the Judge. When I check my case on the USCIS online service, it said that they mailed me the decision, I did not receive anything and it has been like this for more few days. Do you think I have to contact the USCIS? I am afraid that the USCIS mail it to my previous address. FYI I update my current address a few months and I received a confirmation.

      Thank you

      Reply
      • Congratulations on the approval! Once a case is approved in court, you need to make an Info Pass appointment by calling USCIS at 800-375-5283. You can also Google “post order instructions in immigration court” and see what needs to be done. At your appointment, USCIS will issue an I-94 indicating that asylum was granted and then later send you a new EAD. If you won the case and DHS has “reserved appeal,” you need to wait 30 days to see whether they do appeal. If they do not, then you can follow the above procedure. If they do appeal, you have to wait for the appeal to be resolved. Take care, Jason

        Reply
        • Thank you Jason.

          Reply
    • If you have h1b and green card application, what is the reason to apply asylum. It is strength. Because you have better option. If you apply for asylum you are going to have many restrictions about traveling outside the US. Please tell us why you wanna apply for asylum

      Reply
    • 1 – You can, and you should meet an exception to the one-year filing requirement, since you have been in lawful status the entire time in the US (I wrote about this on January 18, 2018). 2 – You would have to ask the company, but there is nothing legally inconsistent about applying for asylum and having an H1b or an EB application. I do think you would need to inform them if they are filing other immigration forms for you, since you should make sure everything is consistent, and some forms ask about other applications that you have made. 3 – If you go back, it will make your asylum case harder to win, as the officer will want to know why you returned to a country where you fear harm. 4 – I do not know the case, so I cannot say. However, if you expect to get a GC based on employment, and you want to be able to return to your country to visit, it seems like a bad idea to apply for asylum. Why not just get the GC based on your job? But if you cannot, asylum may be a possibility. Take care, Jason

      Reply
    • 1. In your case, If you want to claim asylum based on your marriage then you are eligible for Asylum process only if you married for less than 1 year(Change of circumstance). If you are married for more than one year then it means that you are not eligible for Asylum process. Answer for your question I guess is NO

      2. There should not be any problem to your company as this is your personal matter which will be kept as confidential and it is based on USCIS discretion to verify the case.

      3. Before I answer your question, Just remember what is mean by ASYLUM ?
      I am sorry if I’m being rude but sometimes we all forget things and I’m trying to help here.

      If you want to go to your home country, come back and apply for asylum is a bad idea unless if you have any emergency. Things are changing and getting tougher day by day.

      4. Not sure depends on the case. But with the above information, I don’t think you are eligible.

      I may be wrong but let see what our counsel Jason says.

      Good Luck!

      Reply
  4. Hi Jason, Thanks for blog. Appreciate it.
    One my friend got a Notice of Evidence of untimely Filing and optional waiver of Asylum Interview. It say it is not filed within one year of arrival. Under Interview: You are entitled for Interview with asylum officer but evidence was not sufficient to establish an exception to the filing deadline.

    If you choose to waive the asylum interview, you will receive a referral notice and a notice to appear, placing you in removal proceeding before immigration judge with EOIR. You may renew application for asylum and submit any other application for relief or protection with judge, where you may provide further evidence about whether you meet exception to meet one year deadline.
    if you do not choose to waive the interview, you will receive an interview notice with time and place of your scheduled interview with asylum officer.
    At bottom says ” if you wish to waive this interview , sign this notice.
    SO WHAT EXACTLY WILL HAPPEN, IF SIGN OFF.
    PLEASE HELP.

    Reply
    • Some people do not want an asylum interview. They filed asylum only in order to go to court to apply for other relief (usually Cancellation of Removal). That letter is giving your friend the option to skip the interview and go directly to court. The friend must have filed after the one year asylum filing deadline (I wrote about the deadline on January 18, 2018). If the friend wants to seek asylum, he should go to the interview and try to meet an exception to the one-year bar (as I discuss in that blog post). Take care, Jason

      Reply
  5. Hello Jason, Im an asylee. My case was approved few months ago. My refugee travel document (RTD) is on its way.I still do not have a green card.
    A company has offered me a job that would require %30 travel. I would appreciate it if you respond to every point:
    1- the travel for work includeS going to countries in Europe, Africa and the middle east. Some of those countries require the holder of RTD to get a visa and others do not even accept the travel document.A- So for those who require visa, how do I prove to them that Im legal in the U.S. I do want to tell the embassy of UAE for instance, that Im an asylee but still have to prove to them that Im legal here? B- if the country of destination doesn’t accept a travel document, can I use the passport of my country of origin(Libya) and what are the implications of that?
    2- are there any restrictions regarding the time spent outside the U.S for aylees to qualify for green card and citizenship later. I heard some attorneys advice clients to spent no more than 90 days outside the US per year. They say if u spend too much time, USCIScan deny you coz your stay in the U.S was interrupted. Please advice. Thank you

    Reply
    • 1A – I do not know how you can prove to them that you are legal here, except by showing the asylum documents, all of which indicate that you have asylum. Maybe they would accept the EAD, but even that has a code on it (a-5) that indicates you have asylum. I think you will have no choice but to tell them. 2B – You can, and I have had clients do that without trouble. I think as long as you can explain why you used the passport, you should be ok. However, if you fear your government (as opposed to terrorist groups), this may be harder to explain, since by using the passport, you are technically putting yourself under the protection of the Libyan government – the same government that you say will persecute you. In the worst case, USCIS could try to terminate your asylum status. I think that is probably unlikely given your situation, but the risk is not zero. 2 – To apply for the GC, you need to be physically present in the US, so time outside the US will delay the date when you can apply for a GC. As for how long you can stay outside, I am not sure. It seems to me that you can stay out for as long as your RTD is valid. I do think you are better off not doing that, and keeping the time shorter, but I know of no rule on that point. Maybe you want to have a lawyer research the question just to be safe (and to make sure there are no other negative implications), but I think you should be able to return as long as the RTD is valid. Take care, Jason

      Reply
  6. Greeting Dear Jason ,
    After eight months delay my Case online status about I-730 read as follows : on one of my family member case status “ initial evidence request sent” on the other “additional evidence request sent “ What that mean and what is the difference between the two?

    Reply
    • My guess is that they are sending you two requests for additional evidence (the “initial” request and the “additional evidence” request). Once you receive the letters (this may take a week or two), you will know what is needed and you can try to respond. Take care, Jason

      Reply
    • Your are still lucky. For my case Nebraska office sent me same after 13 months asking to prove the relationship
      The concern officer might be sleeping in the past months

      Reply
  7. My asylum-based Green Card has been pending for 2 years now. I have contacted my representative as well, and there has not been much progress. 1) Is there any actions I could take? 2) Would receiving Grants and Fasfa detrimental to my Green Card application?

    Reply
    • 1 – You can try the USCIS Ombudsman office – a link is at right. This is free and it sometimes helps. Otherwise, you might talk to a lawyer about a mandamus lawsuit – where you sue the government in order to make them adjudicate your case. 2 – People with asylum are not subject to the new public charge rule, so this should have no effect (though I think you do need to mention it in the I-485 application). Take care, Jason

      Reply
      • Jason, thanks for all your support and support.

        I was granted asylum after many years of waiting on Feb 4th.

        What are the next steps for me now? All I have is a decision letter from IJ.

        Reply
        • Congratulations on the approval! Once a case is approved in court, you need to make an Info Pass appointment by calling USCIS at 800-375-5283. You can also Google “post order instructions in immigration court” and see what needs to be done. At your appointment, USCIS will issue an I-94 indicating that asylum was granted and then later send you a new EAD. If you won the case and DHS has “reserved appeal,” you need to wait 30 days to see whether they do appeal. If they do not, then you can follow the above procedure. If they do appeal, you have to wait for the appeal to be resolved. Take care, Jason

          Reply
  8. Dear Sir,
    Did USCIS has introduced new form for green card I-485 ? from Feb 03-2020.
    See below information posted on USCIS website.
    Kindly advise?
    Ali

    “quoted”
    I-485, Application to Register Permanent Residence or Adjust Status
    ALERT: U.S. Citizenship and Immigration Services (USCIS) will implement the Inadmissibility on Public Charge Grounds final rule on Feb. 24, 2020, except in Illinois, where the rule remains enjoined by a federal court as of Jan, 2020. The final rule will apply only to applications and petitions postmarked (or if applicable, submitted electronically) on or after Feb. 24, 2020. For applications and petitions sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt. When determining whether an alien is likely to become a public charge at any time in the future, DHS will not consider an alien’s application for, certification or approval to receive, or receipt of certain non-cash public benefits before Feb. 24, 2020. Similarly, when determining whether the public benefits condition applies to applications or petitions for extension of stay or change of status, USCIS will only consider public benefits received on or after Feb. 24, 2020.

    USCIS will post updated forms and submission instructions to the USCIS website during the week of Feb. 3 – well ahead of the implementation date – to give applicants, petitioners, and others time to review updated procedures and adjust filing methods. After Feb. 24, except in Illinois, USCIS will reject prior editions of forms if the form is postmarked on or after Feb. 24, 2020. If USCIS receives an application or petition for benefits using an incorrect edition of the forms, the petitioner or alien will need to submit a new application or petition.

    DHS remains enjoined from implementing the final rule in Illinois. If the injunction in Illinois is lifted, USCIS will provide additional public guidance.
    “unquoted”

    Reply
    • This is to implement the new public charge rule (basically, to make it harder for everyone, and to try to block people who might require public benefits). If you can file before February 24, that will save you some trouble, as the new form will be more burdensome, not to mention, some people will be denied as “public charges.” Take care, Jason

      Reply
    • Dear Jason,

      First of all, I would like to thank you for your help. last month I had very exciting news. My asylum case was granted by the Judge after 6 years waiting between USCIS and Immigration court ( FYI my case was referred by USCIS to immigration court). I have a few questions and I hope you able to help me.

      1) I live in a different state than the Immigration court that I had the hearing( because when I came to the USA I lived in state A than I had to move to state B to finish my school, the Judge kept my case in-state A). Right now I live in state B.

      Can I obtain I-94 from state A? I am not sure if the USCIS will ask me to obtain it from state B by mailing my asylum case to state B. My concern is that I am graduating in few months and I am afraid if, by the time my case gets to state B, I’m gone. any suggestion to explain to the USCIS that I need to obtain the I-94 from state A to avoid the headache?

      2) 3 months ago I applied to renew my EDA with category C8 since my case was pending. However, the USCIS did issue yet my new card neither approved the application. It ‘s possible to call the USCIS and inform them that my case granted and possibly they give me EAD with category A05? or I have to submit a new application requesting A05?

      Thanks,

      Reply
      • Congratulations on the grant! As to the questions: 1 – I think you can do that in either place. To get the I-94, you need to call 800-375-5283 and get an Info Pass appointment (you can Google “post order instructions in immigration court” and you will find what you need). This is annoying, but the time frame is pretty short and you should be able to do that anywhere. Also, if you are expecting mail (such as a new EAD), you can create a mailing address and a physical address, and keep the mailing address the same even if you move to a new home. Also, you can get “informed delivery” from the US postal service so that you will know when mail is arriving to your house. 2 – You have to call anyway for the Info Pass, so you can ask, but I think you will need to file a new I-765 under category a-5 (asylum granted). The first EAD after asylum granted is free, so that is good. Congrats again, and Welcome to the USA! Jason

        Reply
        • I appreciate it, Jason. You are a very knowledgeable Lawyer. I call the USCIS and they will call me back to schedule me in the state B. So I assumed they need to transfer my Asylum case from state A to state B to issue I-94 is that correct and THIS might cause a delay in obtaining my I-94 right?

          Also, I am applying for new EAD under category A-5, do you know if I have to put YES in #14,15 in the I-765 FORM to issue a new social security card? the one that I have is restricted or something like that?

          These two points I’m referring to from the I-765 FORM

          “14- Do you want the SSA to issue you a Social Security card? (You must also answer “Yes” to Item Number 15., Consent for Disclosure, to receive a card.)
          Yes No
          NOTE: If you answered “No” to Item Number 14., skip to Part 2., Item Number 18.a. If you answered “Yes” to Item Number 14., you must also answer “Yes” to Item Number 15.

          15. Consent for Disclosure: I authorize disclosure of information from this application to the SSA as required for the purpose of assigning me an SSN and issuing me a Social Security card.”

          Reply
          • I do not know whether that would cause a delay; I do not think so. If you already have a card, you do not need a new one. I think you must contact the SS office directly to make the card unrestricted. Take care, Jason

        • Dear Jason,

          Wanted let you know I went to the USCIS local office, they told me that they need to request my Asylum case from state A to state B to be able to issue my I-94 any idea how long it will take them to do so and do I have to contact the USCIS local office again or the USCIS local office will follow up with me when they have thave case?

          I appreciate your help,

          Reply
          • I do not know how long that will take, but if there is nothing in a month or two, you can follow up. Take care, Jason

  9. Hello Jason,
    Thank you for your relentless help and advise.
    I am a PhD holder on pending asylum. My question is do you think I can apply for a National Interest Waiver (NIW) programme even if my asylum case is still pending? I heard that to get approval with NIW, I have to leave the US first.
    Thanks again,

    Reply
    • You can apply for EB-2/NIW and get approved. But the next step is to get the green card, and to do that, you probably have to leave the US if your only status here now is asylum pending. I wrote about that on August 28, 2018. Talk to a lawyer if you think you want to try it, but be careful, as some lawyers will do the EB-2/NIW for you (and take your money), but then you will not be able to get the GC after the NIW is approved. Unless you can complete the entire process, there is probably no reason to start the process. Take care, Jason

      Reply
      • Thank you very much for the very helpful advise Jason.

        Reply
  10. Jason, you might have answered this before but I could not find it. Does it apply to asylum seekers?

    With new rules kicking in on Feb 24th for immigrants who for more than 12 months, in the aggregate, within any 36-month period, have received social benefits such as food stamps, housing assistance, cash benefits and federally funded Medicaid services, could be declared by USCIS adjudicators as not self-sufficient and, thus, ineligible for legal permanent resident status.

    Reply
    • The public charge rules do not apply to asylum seekers or asylees, so if you are seeking a GC based on asylum, there is no problem from these rules. Take care, Jason

      Reply
      • Thank you for the info.

        Reply
    • Thank you very much for the very helpful advise Jason.

      Reply
  11. Hi Jason,

    Thanks for all the help throughout these years. Quick question, I have a pending asylum application and I filed for EAD renewal on June 13, 2020. My 180 days extension expire on 03/06/2020. They have denied my 2 expedite requests. The first service requests said: they are waiting on some security checks and without that they can’t move forward, the 2nd service request after a few weeks said that “the application is pending consideration and is in line to be reviewed by an officer”. Any advise? I am extremely worried about my job.

    Reply
    • Correction: Receipt Date is 06/13/2019.

      Reply
    • Correction: Receipt Date is 06/13/2019. And it is with the USCIS Potomac Service Center

      Reply
    • Maybe try calling USCIS at 800-375-5283 to see whether you ca talk to a person for help. You can also open a case with the USCIS Ombudsman (a link is at right). That office may help, but they are not very fast. Typically, these days, renewals take 6 or 7 months, so you are in that time frame now, and hopefully, you will just get the new card, but there is no harm in calling. Take care, Jason

      Reply
  12. Hi! I submitted my asylum application on December 14, 2019 in New York. I have not gotten even a receipt from asylum office. My question is, how long has the asylum office been taking to issue receipts for cases in New York in your experience?

    Reply
    • Things have become much slower in the last several months, as they are checking each application closely for reasons to reject it (I wrote about this on November 20, 2019). We are seeing receipts taking 6 to 8 weeks, so you should have something soon. Take care, Jason

      Reply
  13. Hi Jason, my asylum and green card were granted in 6/2015 and 5/2016 respectively. So when shall I apply for my citizenship? Thanks!

    Reply
    • Look at the date printed on the GC (it should be May 2015). You can apply 5 years after that date, assuming you meet all the other requirements. You can actually mail the application 90 days before the 5 year anniversary. Take care, Jason

      Reply
  14. Hi Jason,
    I applied for 1st time ead renewal in early December 2019 since my current card will expire in April, when I checked the status online it said to contact them if I do not have my card mailed by January 25th. Today when I checked again only it says “As of January 29, 2020, fingerprints relating to your Form I-765, Application for Employment Authorization have been applied to your case. What does this means ? Note that I was not required to do fingerprints.
    Thanks

    Reply
    • It just means that USCIS does not need your fingerprints (since they already took them). Normally, if they mail the card, they should give you an update about that. Take care, Jason

      Reply
      • Hi Jason,
        Thank.you for your prompt reply.
        Another question please: Is there any reason for acces to be denied when trying to check online status ? It says access denied when I try to login.
        Thank you.

        Reply
        • I do not know why that would be, though there does seem to be a fair bit of technical problems with the online system, so maybe it is a problem with the system and not your case. If you are not sure about something, you can always try to contact USCIS or the asylum office directly. Take care, Jason

          Reply
  15. Dear Sir,
    Thank you for helpful posts
    Just need to know i have revived asylum approval in Dec-2018 and now i wanted to apply for green card for my self , my spouse and my kids (under 21) . we got one approval letter from USCIS under all family members and we are in USA for past 2 years.
    Please advise us the answers of below questions.
    1. Do we have to file I-730 for derivative applicants separately or just fill i-485 for all family members?
    2. What i can fill on my kids I-485 Part 10 applicant statement ” 1.a i can read and understand English ” as my daughter is only 5 years old .

    Regards
    Ali

    Reply
    • 1 – If you all already have asylum, you do not need form I-730. That is only for derivatives who did not already receive asylum. If everyone is granted asylum, they just file I-485 forms (one form per person). 2 – Whatever you think best. You can always circle the question and write “See cover letter”. In the cover letter you can explain that she is too young to fully read and understand English. Take care, Jason

      Reply
      • Thank you for your help
        Do we have to file Form I-912 (fee waiver) for all 4 family member separately or just fill one form for principal applicant .
        Kindly advise

        Regards
        Ali

        Reply
        • I am not sure about that – check the instructions, but at the very least, each person over 14 years old should sign the fee waiver form. It may be that you can use one form for the family, but double check the instructions. Take care, Jason

          Reply
  16. Hi Jason, I know you may have answered this question several times but just for clarification. I am the principal applicant, my wife and kids are with me as derivatives. My passport expired a long time ago. Can my family renew their passports issued from the home country? Is it going to affect my case? I am not planning to renew mine but in case if my family is able to renew their passport and if they got a travel document/AP and travel to the home country is it going to affect the case?

    Reply
    • The family renewing the passports and traveling to the home country could affect your case, but it would depend on the case. The asylum officer certainly may ask why they renewed their passports and traveled back home to a country that wants to persecute you. Maybe you can explain this. If so, it should have no effect on your case. But if the explanation does not make sense or the Asylum Officer does not accept the explanation, it could have a negative effect. The better approach is for them to not return home, but if they have to, you should be prepared to explain why and how they stayed safe (and get some evidence about this too). Take care, Jason

      Reply
      • Thank you, Jason. It’s very helpful.

        Reply
  17. Hi jason.
    If I applied for advance paroles (Which is not for my home country). How much time it take for decision? And how many days the most I get for?

    Reply
    • Both are unpredictable. It used to be faster, but I would not be surprised if a decision takes 6 months (you can check processing times at http://www.uscis.gov). The validity period of the AP varies. I have seen it range from 1 day (literally!) to a year. Usually, it will be valid at least until after the travel date(s) you listed on the form I-131. Take care, Jason

      Reply
  18. Hl Jason,
    I applied for my green card exactly a year after my asylum approval. But it is almost 10 months and NO response. Is that normal ?
    I am also fearful of the current rule about public charge . Does it apply to assylees too? I have used medicaid for almost two years now .
    Thank you

    Reply
    • Public charge does not apply to asylees, so don’t worry. As for the GC, the wait times can be long (you can check the processing time at http://www.uscis.gov). If you have the receipt, you should be fine. Take care, Jason

      Reply
    • hey Jason I hope you’re doing fine and actually I have a several questions regarding my asylum pending case
      1- I applied on march 2016 at Chicago asylum office but didn’t hear from them since then so do you have any idea how it goes at the schedule bulletin Chicago office?

      2- i’m from Egypt which is rated number 2 after Syria for the amount of approved asylum cases as I did read online so do you think cause the political situation there is kinda harsh it make it easier for us to get the asylum approved? though the country is so safe but there’s no democracy there and if you have a different political view you will get detained without any doubt !

      3- I don’t have any documents that proves that I got detained in my home country but just an official report from the police and I have some physical evidences on my body due to the torture at the detain center so is that gonna help? though I don’t have enough documents?

      4- have you ever heard about someone got deported cause he/she lost his asylum case? I mean not a criminal one but just a normal person who has no crime history but his asylum case got rejected? cause I never heard they deported someone cause he lost his case and I remember you said before you had a case since 1980 that still in court

      thanks a lot and I appreciate your efforts

      Reply
      • 1 – There is no more scheduling bulletin. If you have the receipt, the case is pending. You can try to expedite – I wrote about that on March 30, 2017. 2 – We have had good success with Egyptian cases, and so I think such cases are winnable. However, it depends on the case and the applicant. 3 – I did a blog post on April 18, 2018 that might help with this, but the if you have evidence about the things you mention, that will help your case. 4 – If you lose at the asylum office, you will likely be referred to court, and if you lose there, you will probably be ordered deported. You can appeal, but eventually, if you lose, you will have a deport order, and people do get deported under those circumstances. It sounds like in your case, you have a good chance for success, so do your best to gather evidence and present the best case you can. Take care, Jason

        Reply
  19. Dear Jason:

    My asylum interview failed at about 2 years before, now I am waiting for the immigration court hearing which be arranged about 5 years later, in the past two years my country’s situation had a pretty huge turning, I come from China, I want to re-apply an asylum application for interview, my question is is that possible? And thank you.

    Asylum seekers

    Reply
    • If the case is in Immigration Court, the only option is to re-apply for asylum with the judge. You certainly can update your case and include new evidence and information, and so that is no problem. Take care, Jason

      Reply
  20. Hi Jason
    Gotta a quick question for you if you don’t mind
    I had my interview two years ago and no decision yet, when I check my case on line it doesn’t say when it was last updated at all, it just pure blank? Is this normal?could it be that no updates whatsoever since?
    Thanks I really appreciate your response

    Reply
    • I do not have a lot of confidence in the online updates, but a blank seems unusual. Maybe email the asylum office directly to inquire about your case. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason

      Reply
  21. Jason, I am goimg to my individual hearing to court and don’t have state ID. I only have the passport of my country. Will this be sufficient or do I need to get a state ID too?

    Reply
    • I suppose it depends on the case, but normally, for an asylum case, you do not need a state ID for your court case. Good luck with the case, Jason

      Reply
  22. Dear Jason,

    I have applied for the renewal of my EAD which expired on January 19th 2020, applied 120 days before the expiration, and on last October 7th 2019, the status changed to CASE WAS UPDATED TO SHOW FINGERPRINTS WERE TAKEN.
    As we all know, EAD expires, driver’s liscence expires too, so I applied for the renewal of my driver’s license which expired on January 19th 2020 on the basis of 180 days automatic extension, DMV officials told me that they have to verify the receipt which shows 180 days extension from immigration and after some days they made a call that they have verified my receipt but I should come to DMV with the updated and latest documents after that receipt to show my current status so I will be able to get my renewal of driver’s license.
    I didn’t get any other document besides the renewal application receipt and I sent an email to my lawyer if she got any thing from the uscis, still waiting for the reply from her.
    Question is , is it a sign of some upcoming interview because I am waiting for it for almost 4 years and this will be my 3rd EAD , my case is in NEWYORK or this is normal?
    What that means, CASE WAS UPDATED TO SHOW FINGERPRINTS WERE TAKEN.
    Thanx

    Reply
    • The message about fingerprints is normal. It just means that they do not need your fingerprints, as they already took them. I do not think you will get anything else from USCIS except the card (unless something is wrong and they need more evidence), so I am not sure what else you can give to the DMV. Maybe a printout of the latest update on the USCIS website. And whatever other communication you have from USCIS. Whether this all means an interview is coming soon, I do not know. I do not think so, as the EAD process is unrelated to the interview process (as far as I can tell). Take care, Jason

      Reply
      • Thank you very much for your reply

        Reply
  23. Dear Jason,
    I have just been admitted to the USA as a beneficiary by I730 form after my husband’s approval. In the interview in my country at the embassy I also filled out the application for EAD. It was required. But it stayed at the consulate. Now I want to know they are gonna send my EAD application to the USCIS or I should apply for a new one? And can you please also send me the manual in order to read all my steps.
    Thanks in advance.

    Reply
    • You should receive the EAD. If you do not get it in a couple months, you can re-file, but that should not be necessary. Also, as an asylee, you can work without an EAD. The problem is that employers and DMVs often do not understand the law on that point. As for the I-730 manual, I did a post in December 2019 with a link (the post is dated January 13, 2020, as I made a correction to it on that date, but if you search the December 2019 posts, you will see it). Take care, Jason

      Reply
    • Would you please let us know timeframe of you 1-730 ? And country ?

      Reply
  24. Hi Jason

    Can you please assist on the question below?
    Have you ever see a case submitted to USCIS and received acknowledgment after one week of receiving acknowledgment, received the notice for interview scheduled in all this in less than 30 days. Is this normal? when I asked my lawyer the they don’t knows.
    Your advice please I’m leaving in Boston

    Reply
    • Boston is a reasonably fast asylum office. These days, though, it is taking up to 2 months just to get the receipt. I guess it is possible to get an interview within 30 days, but we just have not seen that recently. We did have one case that was scheduled within about 30 or 40 days of filing, but then the asylum office canceled the interview for some reason, and we are waiting for a new interview date. Take care, Jason

      Reply
  25. Good day dear Jason,
    I got already the immigration package from US embassy to join my family in US as dependent of my spouse. I traveled to us and got the immigration stamp from CBP saying that “I’m admitted for an indefinite period as a returning asylee/dependent of an asylee under section 208(b) of INA”.I already got also the RTD that I’m using to re enter US. here is my question:
    1) Can I apply immediately for the green card or I should also wait for one year physically completed before I apply? My spouse as primary applicant waited for one year.
    2) I’m working out of US, if I should wait for one year physically in US, How do I meet that criteria while my work is out of US?
    3) Can I apply green card from out side of US? and give fingerprint to US embassy or consulate?
    4) As a dependent, can I visit my home country?

    Reply
    • 1 – You have to have one year of physical presence yourself. In most cases like this, the principal asylee can apply before the dependent. 2 – You have to have one year inside the US. If you are working outside the US, that will not be easy. The only way I know is to spend more time in the US. 3 – Not that I know of. 4 – You can, but depending on the principal’s case, it could be viewed negatively and raise questions that you must answer. If you are not sure, talk to a lawyer to be safe. Take care, Jason

      Reply
  26. Jason,

    I was trying to find an answer for that question, how many people from Libya applied for asylum between 2018-2019? And how many got granted?

    Reply
    • I did a post last week with links to TRAC Immigration, and you may find some of that data there (for court cases). You can also try Googling “DHS Statistical Immigration Yearbook” and you may find more info (though I am not sure there is current information about Libyans or anything else). Take care, Jason

      Reply
  27. Jason,

    If someone applies for an asylum while they have a rare uncontagious disease/sicknesa that doesn’t have a cure or treatment in thier home country, would that help the case? Or the applicant/asylee must apply a different application to stay in the US based on sickness/rate disease?

    Reply
    • It could be a basis for asylum. For example, if the government deliberately withheld treatment to punish you. Or if you were being imprisoned for some reason, and your health would be adversely affected by the imprisonment. But if the only reason you are seeking asylum is because you cannot get treatment in your country, that would normally not be a basis for asylum. There is no simple way to stay in the US for medical treatment. The normal path is the B visa, but that has a limited duration. Maybe talk to a lawyer about your options. Take care, Jason

      Reply
  28. Hi Jasom,

    My asylum is still pending for 4 years. I have received additional evidence and affidavits from my home country. I want to submit these for my asylum case. My asylum office is LA. Can I just mail copies of these additional evidence documents to my asylum office with a copy of my i94, asylum receipt, ead, passport. Do I need to do anything else or include anything else in the mail package.

    Reply
    • I meant that my asylum interview has not been scheduled and I want to submit copies of additional evidence that I received from my home country after the initial filing of asylum form 4 years ago.

      Reply
      • So if ucsis received it, they will just put it inside the envelope. Therefore you will not get any benefits from your evidence. I recommend just wait to get schedule date. By the way if your evidence is really helpful, you may expedite your case.

        Reply
    • As i know there is no effect to send more evidence right now. Because you will still have to wait for interview date. If you take with you exactly same thing.

      Reply
    • I did a post about submitting evidence on October 10, 2018 – that may help. I would hold the evidence until you get the interview notice. At that time, I would submit it in person, if possible, or by mail, along with a copy of the interview notice. I do not know the rules in LA, but most offices want documents at least one week in advance of the interview. You can also submit it now with the documents you suggest, but we have had some issues with asylum offices losing documents, so if you do that, try to submit in person, bring a cover page/index for them and one that they can stamp as proof that the evidence was received. You can also mail the cover/index page along with a stamp, self addressed envelope, and write a note asking them to stamp it and mail it back to you. Take care, Jason

      Reply
      • Hi Jason I have a question about my case if you can help me. I applied for the asylum and my interview is in 4 months. I came with B visa, but my husband came with D visa, he came in 2015. My question is: will he have asylum at the same time as me? The asylum will be granted for both of us? If I can get clarification about the D visa. Thanks.

        Reply
        • There are restrictions on D visas and asylum, but I am not sure how they work if the person is a dependent (not a principal) applicant. If the D visa person is a principal applicant, I believe he must file for asylum within 10 days of arriving and the case will be heard by an Immigration Judge. But if he is a dependent, I do not know whether the asylum office can grant him asylum with you, or whether you have to file an I-730 for him. If you have a lawyer, it may be worth researching this question. On the other hand, it may not make any difference at this point, since the case is already filed – once you have a decision, you can figure out the next step. Take care, Jason

          Reply
  29. Dear Jason,
    After granted asylum on January 8 2020, the case status from fee were waived changed to new cards mailed what does it mean?

    Reply
    • Hi sir it means they sent you new EAD .you will use it to go to social security and apply for unrestricted social security card .
      How long you get your interview and how many month it takes to give you approval ?

      Reply
      • Thank you for information, we got interview on 12 February 2019 and approval on 8 January 2020 at SF office.

        Reply
    • Presumably, they are sending you a new EAD based on asylum granted (category a-5). Congratulations on the grant! Jason

      Reply
  30. Hello
    I had Individual hear at the court day before the judge said will written decision to my attorney. The decision wasn’t in same day of court
    Is this normal ?
    WHAT’S YOUR TIPS FOR ME ?
    HOW LONG WILL IT USUALLY TAKE TO RECEIVE IT WRITTEN FROM JUDGE

    THANK U JASON

    Reply
    • It is common to get a written decision, especially if the case is a bit complicated or the trial was late in the day. There is no time frame for a decision, but usually it is received within a few months. We just got a decision this week for a case we litigated last summer, so that was about 6 months. But it depends entirely on the case and the judge. If there is nothing after maybe 90 days, you can inquire with the court. Take care, Jason

      Reply
  31. Jason, I am expecting my individual hearing soon, how early do I need to go to court?

    Thank you.

    Reply
    • I am not sure what you mean, but don’t be late for court – that can result in a deportation order. Take care, Jason

      Reply
      • I mean how early do I need to be in court before its start time?

        Do they have some sort of requirement e.g. to fill up some forms or some procedure that needs to be taken care of before the hearing starts?

        Thank you.

        Reply
        • Just be there before it starts. I tell my clients to get there 1/2 hour early. You just don’t want to be late, so give yourself plenty of time, in case there is traffic or other delays. Take care, Jason

          Reply
          • Thsnk you so much Jason

    • Hi Jason, thank you for your support.

      I have a case granted relief from Virigina Immigration Court in last December 2019, but i haven’t received the decison letter, and also not received through my lawer. Now my lawer informed me he is out of USA for his other work purpose for some time. The case is more than 45 days after approved.
      Can my self go to immigration court office and ask decision letter? Or
      It has to be a lawer to ask immigration court?
      Was a separate approval letter not supposed to send on my address too? Please I need your advise how to proceed with my case.

      Reply
      • The court normally only sends the order to the lawyer. It is strange that he would be gone that long and not have a way to collect mail, but if you cannot reach him, you can go to the court to request a copy of your order. You might call them first to make sure there is an order that is ready. You can find their contact info if you follow the link at right called Immigration Court. Take care, Jason

        Reply
      • Hi JASON,

        I have receievd the court granted order following your advise. More Question.

        How long does the USCIS normally take to respond on I-94 request after I have applied? I went to USCIS and request for the document on February 25 but haven’t received yet(officer told me at the time, will send decision by mail within 2 to 3 weeks). I can’t check its status online, have no receipt number/ case number. What do you advise me? My case was approved on Virginia court, but I request USCIS office in the west, may be application place matters? Please

        God be with you! You helping all this people.
        Thank you so much!

        Reply
        • You have to make an appointment with USCIS to get the I-94 after asylum is granted. For info about that, Google “post order instructions in immigration court”. The problem now is that USCIS is closed, so I am not sure how that will work. You might try following the instructions and see what happens. Take care, Jason

          Reply
  32. Hi Jason,

    Can U.S congressmen/senators provide letters of support for an asylee and would such a letter hold any significance in the asylum case. Do USCIS officers consider such letters of support in their decision in an asylum case or does the immigration court pay any regard to such recommendation/support letters.

    How can I ask the congressman or senator in my city to provide such a letter for me.

    Reply
    • Such letters are very useful if the Congressperson knows you or knows your case. If it is just a general letter, I do not see how that helps. There is a link at right to Senate and one to House of Representatives. You can find contact info for your representatives if you follow those links. Take care, Jason

      Reply
      • Thank you very much jason. Your expert advice is always most valuable

        Reply
  33. Hi Jason,

    Does a psychological evaluation report from a therapist here in usa help in an asylum case.

    Reply
    • I have been suffering from depression, anxiety and ptsd for last 4 years, my interview is still pending. Would a psychological evaluation report from a therapist help strengthen my asylum case.

      Reply
      • It could, and you could also use it to try to expedite the case. Take care, Jason

        Reply
    • It can – it can help prove psychological harm, like PTSD. I don’t normally use them, as I think they have limited value, but some attorney swear by them and use them all the time. I do think that a report indicating you are receiving regular treatment is more useful than a report indicating that you had one meeting with a psychologist and that person then diagnosed you with PTSD. Take care, Jason

      Reply
  34. Dear All,

    I am asylum applicant and by now I am applying to renew my EAD. Based on the information I got from USCIS, there will be automatic renewal for 180 days for timely applied renewal,

    https://www.uscis.gov/working-united-states/automatic-employment-authorization-document-ead-extension

    That means even if my card expired, I can work for additional 180 days if I have applied renewal on time before my EAD expiration day.

    I just want to make sure if I have clearly understood it. Please share your experience about similar situations.

    Thanks,
    M

    Reply
    • Additionally, Do I have to wait till I got the receipt from USCIS or once its filed its 180 days automatic extention or 180 days?

      Reply
      • You need the receipt, but maybe some employers who understand the law will accept proof of filing. Take care, Jason

        Reply
    • Once you file to renew and receive the receipt, the old EAD is automatically extended for 180 days. The receipt indicates this (though not as clearly as it should). Take care, Jason

      Reply
  35. Hi Jason,

    I entered US with F1 visa and applied for Asylum in 2016. I finished school and it has been a year that I am working on my pending Asylum EAD.
    Can my employer sponsor a green card for me?

    Thank you

    Reply
    • Talk to a lawyer, but I think you would need to leave the US to get the GC. I wrote about this on August 28, 2018. Take care, Jason

      Reply
    • Hi Alex. I applied at the same time for asylum case . It is still pending. My employer sponsored me at 2017. I am at the last step which is consular processing. I just wanna give my opinion that it is gonna take at least 4 years to take green card from your employer application. This is really long time and and costly about $20.000 . You have to pay some of this amount. Also I am still waiting answer from embassies because noone is willing to process your case. By the way if you came to US from different than your home country. You are much lucky. It is so fraustrating. Just make sure you didn’t even start your application but asylum interview may schedule in one year. So it will not be possible to get green card by your employer.

      Reply
  36. Hey Jason. Thank you for you all efforts. Few Questions.

    >> Came here in US 7th of June 2017 J1 Visa. Put my case in Dec of 2017. haven’t get any single hearing yet in San Francisco. How expected time frame ?

    >> Thinking to move out to another state, If it will how extensively it will effect on my case if I move out to State of New York? Would be possible if I can start work there and keep my case here in SF office and come back whenever get hearing ? {Got my Register Nurse Licences from State of New York}

    >> Is State of New York having good ratio of passing Asylum Cases?

    >> I heard EAD cards getting delay to processing,Is it true? Applied for renewal 1st of Dec and going to expire in April of 2020.

    >>Do you have Office in New York state?

    THANK YOU.

    Reply
    • 1 – An asylum case? There is no expected time frame, and I do not know how SF is progressing on their backlog (though the new statistics have finally been released, so I will review them and write something about that soon; in the mean time, here is a link to the stats: https://www.uscis.gov/sites/default/files/USCIS/Outreach/Notes%20from%20Previous%20Engagements/PEDAffirmativeAsylumStatisticsFY2019.pdf). 2 – If you move, you need to change your address and the case should move to the new office, where it should be treated as if it was originally filed in that new office. Whether that will make it faster or slower, I do not know. It is a bad idea to live/work in one place and to have your asylum case somewhere else, as they may consider that you are lying about your address, and that could affect your credibility. 3 – I am not sure – check the data. 4 – We are seeing them take 4 to 7 months, which is slower than before. 5 – We are only in DC. Take care, Jason

      Reply
  37. Dear Jason,
    My individual hearing is gonna be in 2024 but my lawyer wants to file ‘motion to expedite’ so from your experience of Baltimore court,
    1/ the success rate of this motion to expedite an individual hearing is big or small? Just roughly.
    2/ what are the core points that one must mention while filling for motion to expedite? Health issues, family issues or what?
    Thanks!

    Reply
    • 1 – I think there is a decent chance it will work; we have done it successfully before. 2 – I wrote about that on April 20, 2017. Take care, Jason

      Reply
  38. Hi All,

    I recently send my documents for EAD renewal including money order by USPS. However, the tracking number I got from USPS didnt confirm the delivery of my package. I tried to contact USCIS and confirm but I was told to write email and after couple of days I got reply which states that I will get feedback in 30 days time. The EAD is going to expire in 3 weeks time. So my questions are
    1. Is there a faster way to check if USCIS has got my documents
    2. Do I have to send again my documents?

    Thanks

    Reply
    • Maybe you might go to place where you bought money order and ask if your money order processed successfully so you can know your application is in process. If not you may file again and ask store about first money order.

      Reply
    • Hi sir ,you must submitted your renew three month before the expiration date .it takes 1 month to send the receipt notice and if you sent it with acknowledge FORM G-1145 you can receive text message on your phone .take care .next time send it three month before.it takes 2 or three month to produce new EAD

      Reply
    • 1 – If you pay by check, you can get a copy of the check from the bank, and the receipt number will be on the back of the check. I do not know whether it is possible to get this info from the money order company. Maybe you can ask. 2 – If USCIS never received your application, you should send it again. You would think that if the post office could not deliver it for some reason, they would return it to you. If you do re-send, maybe include a cover letter explaining what happened. Good luck, Jason

      Reply
  39. Dear Jason,
    Today we got approval from SF office, below is the timeline;
    19 September 2015 case submitted
    12 February 2019 interview scheduled
    9 January 2020 applications fee waived
    15 January 2020 got approval.
    Thank you for support to asylum community Jason

    Reply
    • Great news – Thank you for sharing. Congratulations and Welcome to the USA! Jason

      Reply
    • Hi,

      Thank you for sharing. But how come you have scheduled in 2019 while you submitted your application in 2015 since uscis changed its schedule rule in 2018? One of my friends submitted in 2015 and another submitted in 2017, both of them did not receive any schedule notes at all from SF office.

      Did you ask SF office to expedite your case?

      Thank you!

      Reply
  40. Hello Jason ,

    I am on Asylum case I got my green card in US and i have been hired by a company as an international sales who requires me to travel overseas for business trips usually no more than a week for marketing purposes shall i use my ordinary passport or apply for I-131 but for the I-131 some countries don’t accept it like UAE so what i shall do in this case ? Can i use my ordinary passport to enter the country? Thank you

    Another case for a friend of mine who didn’t got his Green card yet he will got it by the end of this year but he has a social ID and he need to travel overseas as his work forcing him so how he can travel overseas and back again to US ?

    Reply
    • It is safer to use the Refugee Travel Document (form I-131). At least in that case, even if you have to use your passport for some countries, you can explain that you used the passport only because they would not accept the RTD, and you can return to the US with the RTD. For your friend, if he has asylum status, he can get the RTD and use that to travel. If he is seeking a GC some other way (marriage to a US citizen, for example), he can apply for Advance Parole (form I-131, available at http://www.uscis.gov) and use that to travel. He may want to talk to a lawyer if he is not sure about the travel, as it is possible to have issues, depending on the case. Take care, Jason

      Reply
  41. Jason,
    If I’m applying for an asylum and J1 Waiver (Subject to Two Years) in the same time, do you think (for J1 Waiver) a No Objection Statement or Fearing Persecution would be better and would make more sense? Would a No Objection Statement conflict with the fact that someone is seeking asylum? therefore, they should apply for J1 Waiver based on Persecution?
    I believe that an asylee can get a no objection statement from his embassy/government or a ministry backhome and still can be persecuted in his/her home country. No?

    Reply
    • There are different types of J-1 visas, and so the waiver process varies, but if you get a no objection letter from the home government, it certainly could conflict with an asylum case, but that depends on the case. If you fear harm from terrorists, for example, and the government cannot protect you, it would seem to me that there is no conflict between the no objection letter and the asylum. But if the asylum case is based on your fear of the government, the fact that they gave you such a letter could be viewed as a conflict, and that could adversely impact your credibility. Take care, Jason

      Reply
      • My J1 Visa was under the exchange program as a Fulbright Scholar for one year, then due to the war, they extended that (it’s almost impossible for Fulbright program to extend anyone’s contract) to a second year.
        However, my government back home and the whole regime have fallen and collapsed. It’s all new government now. I’m saying that because the contract of the J1 Visa that I came on, was with a government/regime that doesn’t even exist now.

        Reply
  42. Jason,
    What does With Holding Of Removal mean? How good and bad it is? Would someone have a chance to get a green card through marriage after getting With Holding Of Removal?

    Reply
    • I wrote about Withholding on December 10, 2015. It is possible to get a GC based on marriage while you have Withholding, but the process is not as easy as it should be, and not everyone qualifies for that (basically, if you entered the US with a visa and do not have criminal issues, you probably qualify – but talk to a lawyer to be sure). Take care, Jason

      Reply
  43. Hi, Jason thanks for your help and support
    My question is I had applied for I 730 around 13 months ago, around 1 1/2 ago I had made a complaint for out of processing time Now it been around 50 days I got email that I have to submit additional evidence and I got letter within 15 days of I don’t receive letter I can make a complaint ( I am not disclosing date )
    What do you thing what should they had required
    I am in huge confusion as as per guideline I had attached everything maybe US notarize is missing
    Pls guide me

    Reply
    • I am not sure I understand, but it sounds like USCIS requested additional evidence? If so, you should respond to that. Usually, they make a decision pretty soon after receiving the new evidence. It also sometimes happen that they request evidence you already submitted. Why this is, I do not know, but we just submit what they ask for, and hopefully the case is then approved. Take care, Jason

      Reply
  44. Dear Jason,
    I cold not grant asylum at the immigration court due to the one-year filing issue. When I applied for asylum it was one month before the deadline and USCIS sent me back my I-589 because I missed a field to complete. When I corrected and re-submitted it again, they received and approved it, but it had exceeded the one year deadline. However, the judge granted Withholding of Removal for me, and scheduled another hearing so that my lawyer can apply I-589s for my wife and my son. Is there still any chance my lawyer can argue with the judge to change the decision? Can I finally appeal the decision regarding the judge’s decision, since I believe that I deserved asylum rather than Withholding or Removal? Thank you.

    Reply
    • If a form is filed before the one-year deadline and rejected, and then re-filed within a “reasonable period of time” after the one-year deadline, it is still considered timely filed. See 8 C.F.R. § 208.4(a)(5)(v). You might raise this issue with the judge. Also, if your wife is filing timely for asylum and she wins, she can file an I-730 for you, and you can then get asylum. You might also raise this with the judge and see if you can keep your case open as her dependent. Take care, Jason

      Reply
      • Thanks for this information, Jason!
        The deadline for my application was September 29, 2014
        The Asylum Office received my first application on September 18, 2014
        They finally received my final application (after they rejected the form) on October 9, 2014.
        Do you think I have re-filed the application within a “reasonable period of time”? What can exactly determine reasonable period of time? Thank you!

        Reply
        • It would be very difficult to argue that you did not file within a reasonable period of time. I do not know a case on point, but it is only about 10 days late. It seems to me that the application should be considered timely based on the regulation I mentioned. Hopefully, that will work out; otherwise, it would be quite unjust. Take care, Jason

          Reply
  45. Hi Jason,

    I have been granted an asylum and I am applying for an EAD renewal. have 2 small queries
    1. Do I need to pay a renewal fee?
    2. In the I-94 column, which I94 number should I write? The ravel history or the new I94 number I received in “Asylum Granted Indefinitely”

    Thanks in advance
    Sree

    Reply
    • 1 – If it is your second a-5 (asylum granted) EAD, you need to pay the fee. 2 – I do not know that it matter, but we usually write the most recent I-94 number. You can include copies of both I-94 forms when you send the application; that way, they will have both numbers if they need them for some reason. Take care, Jason

      Reply
      • Thank you very much

        Reply
  46. Hi Jason,
    I received my asylum approval few months ago. I also received my refugee travel document (RTD) a week ago. I DO NOT HAVE A GREEN CARD BECAUSE I NEED TO WAIT A YEAR AFTER MY ASYLUM IS APPROVED.
    Some people with legal experience advised me to not travel outside the U.S until I get my asylum based green card. But I got my asylum approved and my RTD was approved. Why do I need to wait till I get a green card? what difference does it make? they say it is safer to wait till you get a green card and then travel on RTD and come back to the U.S with RTD and green card. Please advice sir.

    Reply
    • With a valid RTD, there should be no problem traveling and returning, as long as you do not go to your home country. My clients with RTDs travel all the time, and I have never seen a problem. Take care, Jason

      Reply
  47. Hello Jason, I am originally from Libya. As you know Libya is affected by every travel ban singed since this administration took office. My asylum was granted very recently and my travel document is on it way. I am planing to travel abroad for two weeks to Turkey and Europe and I have NO intentions to go to my home country. I am still paranoid that I could have problems when I try to come back to the U.S. This because of trump administration and the travel bans. If you remember, when trump signed his first travel ban, even people with valid visas and green cards were denied entry into the U.S. So do you think there is any risk to travel outside the U.S on a refugee travel document ? what is the worst that can happen? is my reentry to the U.S guaranteed?

    Reply
    • You should be ok traveling. Make sure you don’t travel to countries with conflict in interest with the US (Russia, Iran, Turkey and all the banned countries) your situation is still fragile.

      May I ask when did you apply for an asylum?

      Reply
    • Sorry I meant to say countries with a conflict of interest.

      Reply
    • I have not heard of anyone with an RTD being blocked from re-entering, and the travel ban does not apply to such a person. There has been talk recently of a new travel ban, so I would keep my eye on the news for that. However, with the RTD, I do not see how you could be denied re-entry. It seems to me that the worst case is, you arrive in the US and have to re-apply for asylum at the airport (and possibly be detained), but that would only happen if they felt your case was a fraud or you were suspected of being a criminal or terrorist. In short, I think unless something else is going on, you should be fine. That said, if you want to be extra cautious, you might fly to the US from an airport where there is no US customs office – in other words, some airports overseas have US customs before you board the plane, and so if you are turned away (which again, I think will not happen), you will be in another country. It is better to come to the US and do the customs inspection here. That way, if something goes wrong, at least you are in the US. This may be over cautious to think about, since I have never even heard of someone with an RTD having a problem, but it never hurts to be cautious. Take care, Jason

      Reply
  48. Hi Jason Hope you doing great.
    i have a same kind of question which you answer today.As i applied for RTD and hope i get it soon. As i am planning to visit my home country due to my father heath condition(i got my green card through asylum in 2019) i talk to my country embassy, and asked them if they give me visa on my traveling document, they agree to give me visiting visa for two month, as i do not want to use my passport and my passport is expired. is it enhanced my case when i come back and second i am also a member of air force(air national guard) which help me when i come back and i already applied for my citizenship on army bases. thanks

    Reply
    • Hi sir never go back to your country.when you go it means you let down your asylee statut and you are not asylee and means you lie to obtain it.you can go in another country but not your country.and never ask you ambassy of country anything else .when you go to your country of persecution and back you will be block at entry and you will never come inside USA .be careful man .dont do it and don’t do foolish

      Reply
    • And wait to get your USA citizen before traveling to your country.use your USA passport and you are free.take care

      Reply
    • I wrote about returning to the home country on September 14, 2012 and January 6, 2016. Once you have a GC, the main risk of traveling is that the US government might think that your asylum case was fake, and that you never had a fear of persecution in the first place. I do think you take a risk in going back, and so you should at least be prepared to explain the reason for the trip, and to have some evidence about why you went (medical documents from your father) and how you stayed safe while there. The situation will be worse if you fear harm from your home government, as opposed to harm from a terrorist group where your government cannot protect you. Take care, Jason

      Reply
  49. Hi Jason,
    Thank you for your help.
    I am a green card holder through asylum. I have a valid travel document that expires July 8, 2020. I need to file for a new travel document now since I have some travel plans mid July.
    My question is can I file form I 131 for refugee travel document and keep the current one with me since I am using it in February?. I am planning to scan the whole document and attach the copy with my application for the new one. When they start working on my application for a new RTD, do you think they might reject it because I didnt send the current RTD or are they going to mail me a letter requesting me to send it to them?
    thanks,

    Reply
    • This is why the RTD is a pain – if it is still valid, you are supposed to send the original document when you apply for a new RTD. Why? I have no idea; it makes no sense, but that is the rule (at least last I checked – it is in the I-131 instructions). You could try applying for the renewal without sending the original, but I do not know what will happen. Maybe they will accept the application and then request that you send the original, or maybe they will reject the whole packet and return it to you, or maybe they will accept it and deny it, and you will lose your money. An alternative is to travel in February and then apply for the new RTD when you return. Whether you will get that before July, I kind-of doubt. You could request them to expedite the RTD – maybe that would work. Take care, Jason

      Reply
  50. Hi Jason,
    I’m living in Boston, and applied for asylum on November 8 and my i-589 application was rejected and returned me back for miss filing a few blank boxes on application form on November 29.

    I resubmitted it again on December 13.
    Now it’s one month since I resubmitted the i-589 application and I don’t have any answer no acknowledgment, no information, is this normal? as I’m worrie about this,
    what I can do to ask about or if I can call USCIS to find as my lawyer looks like the don’t do anything about it your advice will be highly appreciate.

    Reply
    • This is a new problem (I wrote about it on November 20, 2019). Receipts have been taking longer, probably since USCIS is scrutinizing each application looking for excuses to reject it. These days, it is common for a receipt to take 2 months, so I expect you will receive yours pretty soon. Take care, Jason

      Reply

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