Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Murray Osorio, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
Jason@MurrayOsorio.com
(202) 328-1353
Hi jason. I have advance parole until end of the May. But I will not use it for consular processing. Because interview is not scheduled yet. Looks like will be after May. My question is my son passport will be expire on August. So it might be a problem to travel abroad even I got another advance parole. So Is there any document to use it instead of passport for asylum pending. I can’t renew his passport while I am asylum pending. Any advise??
Unfortunately, I think there is no document you can use to travel other than a passport. If you have to renew it, you would have to balance the risk of renewing versus the benefit you hope to achieve (assuming it is even possible to renew it). If a person wins asylum, he can get the Refugee Travel Document, which works like a passport (but is not accepted by all countries). I do not know of any such document for people with asylum pending cases. Take care, Jason
Hi Jason,
Is it OK for an asylum based US citizen to travel to his / her home country ? If yes, is that time reason / time sensitive, if no, then what are the consequences ?
Thanks !
I think you mean a person who won asylum and who is now a US citizen? If so, such people can generally return to the home country without any immigration issues. The only possibility of a problem would be if the travel somehow causes the US government to believe that the original asylum claim was fraudulent – there is now a specific task force in the government to de-naturalize people who should never have received citizenship. I have never heard of a US citizen getting into trouble for returning home, but I guess it is theoretically possible. If country conditions have changed and that is why you are returning, you should be fine. The only real issue is if you should never have received asylum in the first place. Take care, Jason
Thanks for your detailed reply Jason, however, what i meant by a US citizen travelling to his / her home country was ONLY temporarily, and NOT returning to home country, keeping the fact in mind that there could or could not be emergent reasons. Would this sort of a situation trigger any problems ? (Asylum was granted on totally genuine and true grounds ).
Sorry, now I really do not understand the question. In general, a US citizen will not have any issues, unless the person got the citizenship (or asylum or GC) improperly. Take care, Jason
Hello Jason,
The IJ approved every single item in my case during the second individual hearing. However, he finally extended the hearing for the third one, once the government attorney said they still have not completed my background check and they will be seeking for any/more “discretionary” reasons to deny my asylum. How does it sound? What do you think it will happen, since my case was going to be entirely approved by the judge? Thanks!
It is very rare that asylum is denied for “discretionary” reasons. Sometimes, it is denied for criminal convictions or issues like that, but I have never heard about a case being denied solely based on discretion (which usually involves balancing the positive and negative issues about you; the fact that you meet the definition of “refugee” is a strong positive factor, and without major negative factors, the IJ should approve the case). Good luck, Jason
I had asylum interview on Mar 10, today when I check online case status showing decision is pending . And my online I-94 which was available before now showing no data found? Is it good sign? Or bad?
I do not know that this is a good or bad sign. It seems to indicate that the interview was finished and you are waiting for a decision, which is not really anything you did not know already. Hopefully, you will get a positive result soon. Good luck, Jason
Dear Jason,
I have few questions-
My case was refered to court last year .
I had my master hearing and got final hearing date in 2023.
1- My wife and kids are not safe in home country, if by any chance they get visa? Can we add them to my case.
2- Is thier any option that i can meet them in third country? Any option with which i can travel to any third country?
3- what is your review about MOTION , when we asked judge for closer date , she said file the case in MOTION ?
1 – If they can get a visa, they can come here and file their own asylum case. That is probably the better approach, but if you reach that point, talk to a lawyer to decide how best to proceed. If they are not in removal proceedings (a/k/a Immigration Court), I know of no way to add them to your case (though if you win, you can file I-730 forms for them either here in the US or overseas). 2 – Unfortunately, for people in court, I know of no way to do that. If you leave, you will be considered deported. Supposedly, at one time, a person could get permission from DHS (the prosecutor) to travel while in proceedings, but I have never heard of that working, and if it ever worked, I doubt it would work these days. 3 – You can try and sometimes it works. I did a blog post about that on April 20, 2017. Good luck, Jason
Hello Jason, I just received my refugee travel document and it is green. It looks like USCIS changed its color to distinguish it from US passport. There is important information on page 22 that says:
“No alien shall depart from the United States unless he or she first procures from the Secretary or his delegate a certificate that he or she has complied with all the obligations imposed upon him or her by the income tax laws. If you are an alien who has been admitted as an immigrant or adjusted status to that of an immigrant, and are considering the filing of a nonresident alien tax return or the non-filing of a tax return on the ground that you are a nonresident alien, you should carefully review the consequences of such actions under the INA. If you file a nonresident alien tax return or do not file a tax return, you may be regarded as having abandoned residence in the United States and as having lost your lawful permanent resident status under the INA. As a consequence, you may be ineligible for a visa or other document for which lawful permanent resident aliens are eligible. You may also be inadmissible to the United States if you seek admission as a returning resident, and you may become ineligible for adjustment of status as a lawful permanent resident or naturalization on the basis of your original entry.”
Can you explain to me in practical ways what should I do as an Asylee to avoid these problems given that I started working last July and never filed for tax returns. My employer deducts taxes directly from my paychecks and I earn less than 36k a year. That means if I file for tax returns, the gov will send tax refund since I am a low income person.
It used to be white, so I think it was always different looking than the passport. As for the language, I do not know whether that is new, but I think it is just a warning that if you are living outside the US and not paying taxes here, you may have abandoned your residence in the US. The fact that you have a travel document should overcome any presumption that your residency was abandoned. But to be on the safe side, maybe scan and keep a copy of your W-2 or other employment document with you (on paper or electronically), so you have it if asked. Also, even if you have a low income, you should file taxes (maybe you’ll get a refund!). Talk to a tax person about that (there are sometimes free tax prep clinics at libraries and schools if you ask around). Take care, Jason
Greetings sir, I am an asylum seeker whose interview has been pending for over 1 year 8months now,I just got married to a green card holder and was wondering if I have to withdraw my asylum application? And what am I supposed to do to be eligible to stay and work in the US, and was also wondering if am eligible to file for green card since my husband is a green card holder and will soon be eligible to file for his citizenship in a month. Thanks and waiting for your directions
I wrote about this on August 2, 2018 and August 28, 2018 – those may help. If your husband has a GC and you have no status aside from the pending asylum, you probably need to wait until he is a citizen to get your own GC. There are rare exceptions to this rule – talk to a lawyer to be sure, and probably talk to a lawyer anyway, but you should be able to get your GC this way, at least once your husband is a citizen. Take care, Jason
Hi Jason, Thank you for your reply
What do you think What types of harm they do to immigration specially asylees the people who already suffered a lot other than mentally torture to them
What type of harm does who do to asylees? The US government? The main harm from the government is the long delay, which is stressful and painful, especially for families who are separated. Take care, Jason
Hi Jason, thank you
I had applied I-730 for my family back in dec 2018 at Nebraska office. Made several expedite requests but all turned down with the answer the director isn’t satisfied with the reason. Even then the case went out of processing time so I made a complaint and got response and had been given me 60 days time for decisions. After 55 days (Mid Jan)they requested more evidences that I provided. Now it’s been 3 weeks again and I didn’t hear anything from them other than two weeks ago I got email saying that we have begun working on your case
I am totally fed up with the procedure and with the wait. It seems the concern officer is very lazy or something else. My green card application is pending in the same office since 2 months
Uscis ombudsman takes months so I am thinking to contact local congressman or senator
Believe me something I think that I should go outside Nebraska office and protest against them
Pls guide me
It seems to me that USCIS is moving very slowly on most applications – it is all part of the pattern to deter and harm immigrants. At this stage, the Ombudsman is probably not so useful. You might just try calling them and speaking to a person about the delay: 800-375-5283. I suppose you can also try the Congressperson, but given that you only submitted additional evidence a few weeks ago, USCIS does need some time to review that, and it is fairly common for them to issue a decision shortly (maybe a month or two) after evidence is received. Hopefully, that will be the case for you, but I think any of these approaches will not do any harm, so you can try. Good luck, Jason
One more question , it might be irrelevant. Can I express to asylum officer in interview that I am financially well and invested half a million in this country. I have really life threatening I didn’t intend to be here for financial gain! Or is it bad idea ?
In general, this should not make any difference in your case, so I do not know if it is a good idea to emphasize it. On the other hand, if you can include something about this in the case, it may be to your benefit, as it shows you are making a positive contribution to society. We usually include a person’s work records with the case, so maybe you can include info about that as part of your documentary evidence. Take care, Jason
Hi ,
I have asylum interview and I am main applicant me and my wife both were harmed. Would both of we will be interviewed , my wife don’t speak English very well. And we don’t know anyone who can interpret. My attorney says that they (USCIS)will provide some one over the phone to interpret, which I doubt. What could be my options? Please
For an interview with the asylum office, you have to bring an interpreter. Normally, for a dependent, they only ask some basic questions. However, they could ask more questions, and you would be well advise to have an interpreter with you (even if you have to pay someone). Maybe the officer would agree to use the telephone interpreter, but I would not count on that. Take care, Jason
Hi Jason,
The people who have already been granted asylum, whether by the asylum office or by an IJ, ( and have applied for AOS ) do they need to worry about anything like their status being revoked or cancelled for no valid reason ( i mean if they committed a crime or a felony, or there is any other serious charge slapped, that’s a different story ).
I was reading somewhere that the top ranking officials may even nullify or cancel a DECISION made by the court, meaning an IJ. Can you kindly clarify this please ?
There was a recent case where a person got Torture Convention relief and the Attorney General intervened and published a decision basically trying to restrict the definition of “torture.” But for the most part, that is not an issue. I do think you have to be very careful to make any forms (I-485, N-400, etc) consistent withe the I-589 and the asylum case, as USCIS is looking very carefully for excuses to deny cases. Take care, Jason
Hi to All,
Is there anyone who applied in 2016 for asylum in New York and got his or interview?
Please share if someone got interview in 2019 or 2020 till now.
Hi Jason,
Thanks for your great support for everyone!!
I have applied asylum in June 2017, recently renewed my EAD. Now I moved to another state and planing to move my case as well, Please kindly guide me how to transfer my case to another asylum office?
What are the steps do I follow and required document?
Thanks Jason
If you submit a change of address form, AR-11, available at http://www.uscis.gov, the case should automatically move. You can submit the form online and get a confirmation from USCIS. Take care, Jason
Hello Jazon, greetings and tganks for all you have been doing for asylum seekers with the wonderful and constant free information you have been feeding us with.
Remember I wrote to you a month ago about being served with a G 56 appointment letter for GC.
Yesterday March 4, I went for the interview. The Officer made life very difficult for me with very intimidating questions. I thought my life had ended.
However, at midnight while I was checking my case status online it says” My New Card is Being Produced and will be mailed to the address you gave us”
What could this really mean please, could this be an error or what?
Thanks
Dear Jason,
My asylum cases was approved by the immigration judge. I’m applying for Travel Document and one of the question in I-131 asks if I renewed my passport and if I mark YES they want me to provide explanation.
I’m planing to renew my passport to be able to see my parents in 3rd country. Do you think by renewing my passport will impact my Asylum status some how !?
Regards,
I do not think so, but it is better to avoid that if you can. Plus, if your case was one where you fear harm from your home government, it may potentially be an issue for the asylum case, since it is strange that the government that was going to harm you would issue you a passport. At the minimum, you would need to explain this. If you get the RTD, you may be able to use that in lieu of a passport. Not all countries accept it, but you might check with the embassy of the third country. It would be better if you only used the RTD, if possible. Take care, Jason
Thank you Dear, Jason
Hopefully, it means what it says. Sometimes, there is a tough interview with a good result. We’ll hope for the best. Take care, Jason
Good news!!!!
Your GC is Approved and will get mail your card in next 3-5 days. Congratulations 🎊🎉🍾
Jones, can you please share your timelines and the name of the service center you applied. I’m also waiting for GC.
Good news!!!!
Your GC is Approved and will get mail your card in next 3-5 days. Congratulations 🎊🎉🍾
Jones, can you please share your timelines and the name of the service center you applied. I’m also waiting for GC.
Has anyone ever traveled with advance parole? How was the experience? Please share.
I wrote about AP on September 11, 2017. It has become a bit harder to get since that time, but if you have AP, and it is valid, you should be able to re-enter the US. I have never heard of anyone being denied entry. I have heard about delays and secondary inspections once the person arrives, but as far as I have hear, everyone gets in. Take care, Jason
Thank you Jason. One related question: for AP, is passport required or AP is enough for travel? Thanks.
Hi Jason,
Please disregard my question on having passport for AP. I read your article on AP and got the answer. Thank you so much.
Too late…
AP acts like a visa, not a travel document, and so you need your passport also. Take care, Jason
Greeting Jason,
Thank you for your continuous support ; as usual I have the following questions that need your response.
1) Is the two years rules applied for J1 visa holder asylum grunted applicants during LPR application ?
2) Which I-94 should be submitted with the application the previous arrival departure or the final I -94 issued when asylum grunted?
3) Any additional evidence for J1 visa holders asylee ?
Thank you in advance for your help
1 – If a person wins asylum, the 2-year bar is waived automatically. There is a regulation about this, but I do not remember what it is. 2 – We submit both, but usually we reference the most recent I-94 on the forms. 3 – You might want to find the regulation if you can and include that, but we have never had a problem getting a GC for an asylee who previously had a J-1 two-year bar. Take care, Jason
Jason thanks for everything you’re such a helpful man
I have one question cause I tried to call the uscis and they put me on the hold for 2 hours and no one answers!!! I told you few days ago I found out that i’m hiv positive and I wanna expedite my interview so is it possible to write a letter and attach an evidence and paper from my doctor and just mail it to Chicago asylum office???? is that possible cause im tired of trying to reach to them by phone and no one answers!
If you are calling USCIS, that is not the correct agency to talk to – you have to contact the asylum office directly about expediting. You can find their contact info if you follow the link at right called Asylum Office Locator. It is much better to email them your request, as it is nearly impossible to talk to someone by phone at the asylum office. Take care, Jason
Dear Jason
Thanks for your help again
My question is that i got asylum approval 07/2016 i applied to GC 2017 i didn’t get my GC yet and not approved because of ( active examination) the question is since i got my approval by next year I suppose to apply for citizenship cuz will be 5 years, it will be count or i am gonna count a 5 years after i get my approval in GC ?
You have to wait 5 years from the date on the GC. The GC is normally back-dated one year for asylees, so that will help, and I have seen a case where it was back-dated several years. In any event, you need the GC first. You do have a long delay. You might try an inquiry with the USCIS Ombudsman – a link is at right and they can sometimes help with delayed cases. Take care, Jason
Hello Si , Thank you for all your Answers. You are Voice of of Asylumist Community .
Sir I put my case in San Francisco office in 2017, haven’t get any single hearing since from 2017 to till now. When I went to my LAWYER she ensure me that she will request for short list , on this statement that you have quite strong case, and they will let u call soon on request of short list notice, Now its 2020 , haven’t get single response , even though many time I asked from my attorney, But some how she is not responding me well. Whenever I asked she replied , No update , and last time she wrote me back that she dose not have time to research whats going on in Asylum office.
At this situation, what you would advice me? I paid more than half of my payment to my lawyer. I am getting depress day by day , getting victim of anxiety attacks.
Is there any way to expedite to case processing?
Is this really works out request for short list notice for Interview ?
I am Christian being persecuted from Radical Islamic people in Pakistan.
Such delays are common, and I do not know the specifics of how things are moving at the SF office. I also do not know if they have a short list. You can try to expedite a case there. We have done that in SF before, and so it may be possible. I did a post about expediting on March 30, 2017. Take care, Jason
Hi Jason,
Thank you for everything you have been doing. I have a pending asylum with SF asylum office. My asylum is partly based on my employment history assisting the US troops and interests in Afghanistan. After today’s peace deal in Afghanistan, will my case be impacted?
Possibly, but I doubt it. The Taliban and other extremists are still very active and harming people who cooperate with the US. We will see how (and if) country conditions change over time. Of course, if the situation becomes stable and safe, it will be more difficult to win asylum from Afghanistan. We hope that happens, but the last 20 or 30 years of history do not make me optimistic. Take care, Jason
Anyone has traveled with advance paroles? What is the experience? Please share.
Greeting Jason ,
Thank you for your continuous support and I have the following question; how do we fix error on Evidence filled with I-730 petition after RFE sent to petitioner ?
Thank you in advance for your response
When you respond to the RFE, you can include any other information or corrects that are needed. If you are making corrections, you may want to provide a letter explaining why the errors occurred. Take care, Jason
Hi Jason my case is referral to court and my hearing date is March 2021 .but my EAD clock stopped Monday and it was not stopped when they sent me decision it was currently running I see.now what do I need to do and to submit again because my attorney have everything yet since I applied for asylum in 2016.
Give me your advise please and show me what to do
If 180 or more days has passed on the clock, you are eligible for an EAD, so it does not matter if the clock stops. As long as 180 days have passed, you can get the EAD whether the clock is running or not. Take care, Jason
Hi Jason .tell me more about Master hearing in court .my case is referred to court .how many interview I will pass after this master hearing or if everything is good they can approved me that day ?is it possible to schedule my master hearing before the date means example if it should be on décembre 2020 ,I can ask expedited before December ?
I wrote about the Master Calendar Hearing on March 7, 2018. The judge would almost never give a decision at the Master. I wrote about expediting a court case on April 20, 2017. Maybe those would help. Take care, Jason
Hi sir Jason
I been with your blogs since i came to US, i always trust what you said and am thanking you for what you do to us
I applied for GC 09/2017 in 2018 the ask for more Evidence i sent it since that time my case in USCIS ( Evidence was received) then i checked the status the pass me, i contact USCIS the reply to me ( under Active Examination) whats that ? And how long it will take? Is that bad sign or good one?
It is taking a long time (though it may still be within the USCIS processing time for an I-485, which you can check at http://www.uscis.gov). If it is over the processing time, you might try contacting the USCIS Ombudsman – a link is at right. They can sometimes help with a delayed case. Also, if you contact your Congressional representative, their office might be able to help as well. Take care, Jason
Hi Jason,
My wife applied i130 11 months ago for me
And she has a GC . Today we received a letter
About transferring our case to potomac from California. The Processing time in California was 12 months but in Potomac is 36 months.
They said we have completed preliminary review of the application.
Do we need wait more 24 months Or the case will be done before that .
I doubt you will wait that long, but it is difficult to know. If you have some reason to try to expedite processing, you might try that – I wrote about that on January 29, 2020. Also, I wrote about getting a GC based on marriage to a person with a GC on August 28, 2018. Maybe that would be of interest. Take care, Jason
hey Jason
last week I found out that i”m diagnosed with HIV + and actually my life is getting tougher now as I have a pending asylum case since 2015 and I really need to get interviewed as soon as possible cause I need to get married in another country and bring her here so I have 2 questions please!!!
I need to expedite my gc interview so what’s the best way just write a letter and send it via mail or e-mail to the USCIS OF CHICAGO??? including a letter and what proves my illness !?
I wanna apply for advanced parole to go visit a third country is that safe??? or they might not let me enter when I come back to the states??
can I add the girl (that i’m gonna marry ) to my file after I get interviewed?? or I have to do before the interview so when they approve me case she also gets green card immediately ? cause I don’t wanna wait another 3-4 years to bring her to the states after getting my GC
THANKS A LOT
I wrote about expediting an asylum case on March 30, 2017 – maybe that post would help. Also, maybe you can get a letter from the doctor explaining that you are HIV+ and that the stress of the pending case is making your health worse. Maybe on that basis, they will expedite. As for travel, I wrote about AP on September 11, 2017. If you want to add her to the case as a dependent, she has to be in the US. If you leave the US with AP, marry her, and return here, you can list her as your wife on the case. Then, if you win, you can file an I-730 to bring her here. Technically, if you are married before your asylum case is decided, you can file for her, but you are better off marrying her before the interview, so you can update your marital status during the interview. If she is not legally married to you and you win asylum, you cannot bring her here unless you get a GC and file an I-130 for her. Take care, Jason
Jason, my asylum was approved in IL and I want to move to NJ.
Do I just need to notify USCIS about my move and apply for GC in NJ? Will it not complicate processing of my GC?
Or should I stay until I receive my GC and then move?
Thank you.
I do not think it matters – if you move, file form AR-11 (you can do that online and get a confirmation). When it comes time to file for the GC, you can do that from wherever you are currently living. I do not think there is any problem to move your address at this point. Take care, Jason
Many thanks Mr Dzubow
Dear Sir,
I am applying for green card , i have arrested in my home country and i have no such evidence for arrest.
What should i submit in lieu of arrest report.
Please advise
Jaf
You can get letters from people and organizations who know about the arrest. Also, if there are any documents at all from the court or the police, those could help. If you had a lawyer help you, maybe that person could write a letter. If you think this arrest may block you from obtaining the GC here, you probably want to hire a lawyer in the US to assist with this. Take care, Jason
Thank you for your reply
But that arrest was for one night only and report was not been filed by authorities.. In this case we should obtain letter/affidavits from other peoples , for submit with I-485.
Please advise
Jaf
I think so. The most important thing is to be consistent between the I-589 and the I-485, or if there are inconsistencies, you should explain them. Take care, Jason
Hi I am turning to your help because I am really worried. My asylum has been pending since 2014 and ever since I got married, my spouse is from Colombia and has european citizenship. I added her to my case back in November but today I received a notification stating that USCIS cannot receive the application because they already made a decision on the case. I am really concerned and I was wondering if you ever had a situation similar to mine. I have changed my address regularly and my work authorization has been approved recently. I don’t understand. Thank you for your time.
We have had lots of problems adding spouses to existing cases, so perhaps that is the decision they are referring to? I don’t know, but I suggest you contact the local asylum office directly and ask them. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason, I am an asylee from Libya and my asylum was approved last year. I am waiting for my travel document which was already approved. My company wants me to go to field offices in Iraq, Afghanistan and few other countries in the middle east and Africa. The company say I will be treated like any other expatriate but I am very afraid about going to such countries like Iraq and Afghanistan on a Refugee Travel Document. For instance, if I have a problem in these countries in the airport or if their authorities detain me, who is going to protect me? would the U.S government intervene and say I am a person with protected status in the U.S? would I be treated like a U.S citizen? Can I contact the U.S embassy in those places to help me? Please clarify sir.
I would be nervous about this too. I do think the US embassy should protect you, since we granted you asylum status. However, I do not know how those protections compare to those for a US citizen. You might want to Google the different embassies and find their emails. You can email them directly to explain the situation and maybe learn what they can offer you if there is a problem. Or maybe your employer can reach out to the embassies for you. I would do this before you travel there, as it would be good to know more before you go. Take care, Jason
Dear Jason,
Can you tell me approximately how long does it take to get a green card after Asylum approval in the Chicago office?
Thanks in advance.
We have seen such cases take anywhere from 6 months to 2 years, though that is in general. I do not know about Chicago cases specifically. Take care, Jason
Hi Jason my statut change today “decision was mailed” is that good news or bad ?my asylum interview was pending with Chicago asylum office for 160 days .
I am afraid
Hi Jason here is my status update on 02/20/2020
Application Type: I589, APPLICATION FOR ASYLUM
Your Case Status: Decision
We reached a decision in your case. You should expect to receive the decision in the mail shortly. You must follow the instructions in your decision letter as to what you should do next.
You must have an application pending for at least 150 days before you can apply for a work permit, which is called an Employment Authorization Document (EAD). The number of days your case is pending is determined by the EAD Clock. The EAD Clock is calculated based on the total time your case has been pending for adjudication, which can be with USCIS, the Executive Office for Immigration Review (EOIR), or both. The EAD Clock does not include delays you caused or requested in the processing of your case before either USCIS or EOIR, which stop the EAD clock.Your case has been pending with USCIS for xxxx days, not including delays, and the USCIS portion of the EAD Clock is currently running. If your case is no longer pending with USCIS, the time noted here may not be complete. For more information, please see the USCIS website.
During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.
Some would say that the fact that the clock is still running is bad news, as it means the case is referred to court. However, I am not sure, and I think you have to wait for the written decision. Good luck, Jason
I guess it means you will know soon. Good luck, Jason
My friend received her Green Card after 1 year and 8 months after she was granted.
Hi Jason,
My husband applied I-485 on Dec, 2020 and his I-131 (Advance Parole) petition is still pending.
Now our RTDs are above to expire and planning to apply for it.
If we do it, he will have two I-131 petitions. one for Advance Parole and one for RTD.
Do you think they will deny one and approve the other one or they will approve both ?
I wanted to see if any of you guys faced any similar situation and I would appreciate if you guys can share.
I have not done that before, but presumably, USCIS can approve both, since they serve different purposes. If he did AP and an EAD together, he should get an EAD that allows him to travel and re-enter. The RTD is used in lieu of a passport. I suppose it is possible that they would deny the RTD, but I think it should work. Maybe someone else here has done that and can comment. Take care, Jason
Hi Jason
Hope you are doing great, any news about pending backlog cases in Arlington office we applied in early 2015 but no interview yet.
Thank you for your support
They announce late last year that they would be dramatically speeding up case processing, and that they hope to finish all backlog cases in the next two years. Whether that will happen or not, I do not know, but at least new cases seem to be moving faster there. We are still waiting to learn whether they will address backlog cases from oldest to newest or from newest to oldest. Take care, Jason
Hi Jason,
I would like to have your opinion.
My mom came to the states a week ago. We filled out i130 based on patent of US citizen. I did a mistake and did not submit 485 form with the i130 together.
My question is, can I send the rest of the package including 485 form and advance parole once I get the receipt of I130 form? Or what should I do?.
Thank you
I can generally only answer questions related to asylum here, sorry. However, I think the I-485 instructions cover the situation where an I-130 is pending and you want to file an I-485. Maybe check those. Otherwise, you might talk to a lawyer about the best way to proceed, as there are different options. Take care, Jason
Hi Jason
Thanks for the help you provide on here….
I’m from Syria and you probably aware of the situation there, I’m already in the states and my brother petitioned for me back in 2016 , he’s a us citizen and as you know the process takes long, do you think because of the situation in my country I can speed up the process or do something about the long wait time, thanks in advance
In terms of your brother’s petition, you cannot speed up the process. Also, getting a GC through him will likely require you to leave the US and get the GC oversees. Whether that is possible or not, I do not know. Your better bet is to find another way to get your status and have his petition as a (long term) back-up plan. Take care, Jason
Greeting Dear Jason ,
I have realized after long time that the birth place indicate for my son I I-589 is wrong/ different with the birth certificate I submitted . Even my attorney and USCiS do not realize up to now . Is this have an effect on my I-730 approval ? Is there a means to inform or correct at this stage the irregularity ; please advise .
Thank you for usual help ,
If the case has not yet been interviewed, you can correct that at your interview. If the case is already done, you will need to correct it as part of the I-730 process, which will be harder. You will have to explain the error and present evidence about the correct info. Talk to a lawyer for help about that, as I do think it will require some work. Take care, Jason
Greeting Dear Jason ,
Thank you for your response and I already received the RFE 1) can I fix the above mentioned mistake by sending the evidence which indicate the correct birth place? 2) Do I need to explain the mistake on I -589 ? 3) Finally what is the difference between initial and additional evidence ?
Thank you again for your help
If you have the RFE for the I-730, you need to explain the error on the I-589 (how it happened and why it was not corrected previously) and submit evidence about the correct place of birth. Also, make sure to carefully read the RFE to make sure you respond to all their concerns. Given how nasty USCIS is these days, you really may want to get a lawyer to help with this. As for evidence, initial evidence is evidence submitted when you filed the application (the I-730 in this case) and additional evidence is evidence you submit later (in response to the RFE, for example). Take care, Jason
Greeting Dear Jason ,
Thank you for your response and I already received the RFE 1) can I fix the above mentioned mistake by sending the evidence which indicate the correct birth place? Or Do I need to explain the mistake on I -589 too ? 3) Finally what is the difference between initial and additional evidence ?
Thank you again for your help
Hi Jason,
I applied for LPR i-485 in August of 2019. After two week I got a mail saying that I don’t biometrics take since they have it on file. Now, after 6months, I got an I-797C mail with a biometrics appointment notification. When I check my online status it still shows that my “application has been updated to show finger print Ilias taken.” Is this normal?
I don’t know what is “normal” any more, as USCIS seems to act in unpredictable ways. I do not think this is a problem for the case, though, and if they want you to do biometrics, you should just do that. Take care, Jason
Hi Jason thank you for everything you done for us here.i have a question for you .my asylum interview was expedited and I am waiting for decision since 6 months soon .this is a good sign?how long the decision could be made ?i did it in Chicago asylum office on 09/10/2019
Unfortunately, delayed decisions are pretty common. I do not know that this is a good or bad sign. You can make an inquiry about the case by contacting the asylum office. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jehovah,
Can you please tell me what basis you used to expedite your case? I have a pending case since may 2017 and I would like to expedite mine as well. please email me at atem97@ymail.com
Thanks.
Hello.
I want to file an asylum application. What USCIS address should I send the papers to if I live in Maine. I thought it is a Massachusetts address, but USCIS website says
Vermont Service Center
Attention: Asylum
75 Lower Welden St.
St. Albans, VT 05479-0589
Thanks.
You have to look at the direct filing addresses on the form I-589 website. If this is a first time application, it should be sent to the appropriate Service Center, not to the local office (which will ultimately interview you). Take care, Jason
Hi Jason,
Thank you for help. I have a pending asylum application as of February 2017. I filed for renewal EAD on June 13,2020 but it’s still pending with the Potomac center. My 180 automatic extension is expiring on March 6th, 2020.
My first service request in De : pending security checks
2nd SR in Jan: In line to be reviewed.
3 SR: Case under active review.
Is case under active review a good sign?
Thanks,
SAK
As of June 13, 2019*
It sounds like a good sign, but delays like this are becoming more common and they seem completely nonsensical. All I can advise in the future is to file to renew the EAD as early as possible (but no earlier than 180 days before the old card expires). Take care, Jason
hi Jason
Me including my mom and dad are green card holders through asylum. Its been more than 3 years now. I have a brother overseas and he is above 21 years old.
my question is
Is there any possible way to bring my bother to USA as my parents are GC holders ?
If there is how do we proceed?
Can you suggest me some ways for this process?
thanks
If your brother is unmarried, your mother or father can petition for him (form I-130, available at http://www.uscis.gov). The wait time is fairly long – maybe 6 or 7 years (you can check by Googling “DOS visa bulletin”), but they can start now. By the way, while this sometimes changes, I think it is currently faster for a green card holder to bring their adult child here than for a citizen to do so, but the visa bulletin will tell you that. Take care, Jason
Hi Jason,
Thank you very much for your unreserved help for the asylum community using this platform.
I submitted my I- 589 form in 2016. After expediting my case, I had been interviewed in March 2018. After almost two years, 3 days before I received notice for interview from the Arlington office.
1) Do you think that it is going to be full interview or little bit different from the previous one.
2) Can I submit current supporting documents through email or should I go in person?
Thanks in advance for your help.
1 – You should prepare as if it is a full interview. Also, if you have notes from the first interview, you should review those. If not, try to think about what you said at the first interview, and if any issues came up, try to remember what those were. It could be a full interview or it could just be about specific questions – you will not know until you are there. 2 – Different offices have different policies on this. If you have only a few documents, you can probably email them and bring copies to the interview. If you have a lot, you may want to submit it by hand (or mail) in advance of the interview. In some offices, the rule is that evidence must be submitted one week before the interview. You can email your office to ask – you can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Thank so much for help.
Hello belanka,
I am from Cameroon. Can you please tell me what basis you used to expedite your case? I have a pending case since may 2017 and I would like to expedite mine as well. please email me at atem97@ymail.com
Thanks.
Jason, I have several questions.
My asylum was approved on Feb 3rd 2020.
1. Does that mean I can apply for a Green Card exactly on Feb 3rd 2021 ?
2. I guess all I need to do now is just wait for a year and don’t need to apply for any other documents like I-94 etc?
3. Do you know how long does the processing of Green Card takes once you apply for it?
Thanks in advance.
Congratulations! As to the questions: 1 – Yes, assuming that you have been inside the US the whole time and you have no other issues in your case. If you leave the US for 3 weeks, for example, you have to wait an extra 3 weeks before you apply for the GC. 2 – If you got asylum at the asylum office, you should receive an I-94. If you got it at court, you have to call USCIS to get the I-94. You can Google “post order instructions in immigration court” to find info about that. 3 – Very unpredictable. We have seen time frames ranging from 6 months to 2 years. Take care, Jason
Jason, thank you so much for your detailed response.
My case was approved in court. What I-94 is needed for? Can I live without it? I have an EAD good for another year.
If your job doesn’t care and you have a driver’s license, I guess you can live without the I-94. However, I advise people to get it so that they have it as another proof of status. Also, when you apply for the GC, it is standard to include a copy of the I-94 with the application. Take care, Jason
I see. It makes more sense now. I will apply for it in that case.
Appreciate your detailed explanation.
Hi Jason,
I came as a student then seeked asylum in 2016. My case has been pending since then. However, I did attend school and graduated. Now I want to enlist with US Navy but I can’t be accepted. Can I apply to expedite my interview since the intention is of government interest.
I have not tried that as a basis to expedite, but you can try and maybe it will work. Anyway, there is nothing to lose. I wrote about expediting in general on March 30, 2017. Take care, Jason
Good afternoon,
I hope you are doing good. I entered the US through the southern border and I am now out with a parole. I am 20 years old. My mother has been here since 2017 and has already an asylum case pending since that year (2017), she hasn’t been interviewed. I wanted to know if it’s possible for me to be added to her case or if I must petition for asylum myself. Thank you very much, your answer would really help me as I feel lost in this process.
If you have a pending court case, the asylum office might not have jurisdiction over you (meaning, they cannot make a decision in your case, only the court can). I am not sure about this, so you might want to talk to a lawyer – maybe you can terminate the court case and become a dependent on your mother’s case. Alternatively, you can do your own case, and in the mean time, if your mother is granted asylum, she can file an I-730 petition for you (to get asylum based on her). Your mother might also try to expedite her case, as that would help you if she wins. I wrote about expediting on March 30, 2017 (at the asylum office) and April 20, 2017 (in court). In short, there are several different options, and you might want to talk to a lawyer to help you through those. Take care, Jason
Dear Sir,
Thank you so much for your help
we got one approval letter for asylum from USCIS under all family members.
Question. if we apply for the green card as per new forms , all we could apply as a Principal applicant or we should apply as we filled forms for I-730?
Just to clear 1st one is the applicant and rest are derivatives.
When it comes time to apply for the green card, each person must file their own I-485 form. Take care, Jason
Off course we will fill separate form for each family members.
In I-730 we were applied as one principal and other are are derivatives.
and we got one approval letter from USCIS under all family members.
and now we are going to fill I-485 .
but in new forms their is column like below i.e.
Part 2. Application Type or Filing Category
1.I am filing this Form I-485 as a (select only one box):
Principal applicant
Derivative applicant
Please advise
Regards,
Aly
For aslee derivatives, we list them as derivatives on the I-485 form. You might want to double check the instructions about that to be sure, but that is how we have done it in the past. Take care, Jason
Hi Jones,
Congratulations for your interview.
1. When did you apply for the GC?
2. Are you Principal or derivative Asylee?
3. If you don’t mind, Can I know what was the reason for expediting the GC?
Thanks.
I applied for my GC in Feb 2019.
I am the principal asylee
I applied for expedite based on humanitarian reasons.
Hope this answer helps you. Ok
Thanks
Dear Jason,
After submitting I-730 we received below messaged in online status: fees were waived for I-730.
Would you please help us what does it mean?
Thank you.
There is no fee, so I guess it just means that the case was received. Take care, Jason
Hi Jason, I applied for renewal of my EAD on 17 th December 2019, I got letter regarding that they got my application. My question is, can I renew my driver’s licenses on basis of that letter? Or I need renewed EAD card?
You should be able to, as the letter indicates that the old EAD is extended for 180 days. Different DMVs are different about this, so if they refuse, you might have to push them, or ask to see a supervisor. Take care, Jason
Hello Jason, thanks for everything you have been doing to us.
Please kindly help me with this information.
I am an asylee. I recently applied for my Green Card to be expedited.
Yesterday February the 6th, I received a mail from DHS Baltimore Field Office with a Form G-56 Call-In Letter. Reasons for appointment- Form I-485.
They asked me to bring my Photo ID, the original appointment letter, form I-94, passport.
What could this be? I am really afraid and confused.
Please, is it usual for asylees to be called in with the Form-G 56?
Help me please.
Thanks
It sounds like they will interview you for the GC. That is fairly common, even for principal asylees, so nothing about this seems unusual to me. Take care, Jason
Hi Jones,
Congratulations for your interview.
1. When did you apply for the GC?
2. Are you Principal or derivative Asylee?
3. If you don’t mind, Can I know what was the reason for expediting the GC?