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, my family I-730 was approve and sent to NVC, after 3 weeks of sending Today I got alert from USCIS that your case been sent to USCIS by state department for review. I don’t understand the reason
Please tell me what is that
Thanks
Just to update, I just called NVC and they don’t have my case in the system
I do not know, but it may mean that something is wrong or they need additional evidence. You will have to wait to see whether USCIS contacts you. You might also try calling USCIS to see whether they can give you any further info: 800-375-5283. Take care, Jason
Good morning Jason,
Your joke about how current administration “crafts” an EO was fantastic 😀.
Thank you for shedding light on it.
Hi Jason, thank you for your help. My interview is for June 26 before the judge. My question is “ Am I affected with the new immigration law that the president talked about. I’m a refugee and my case is referred to a judge. Thanks
If you are inside the US, the new order has no effect on you. Take care, Jason
Hi Jason,
I have a question. I have had my interview in the beginning of March. After the interview the online status was “Pending Decision” but now it’s been changed to “Application Pending”
Please guide me on this I will be very thankful to you
I am not sure why there is a difference, or whether the different messages have any different meaning. Unfortunately, USCIS has not been very clear about their various messages. Things are quite slow now, but some decisions are being issued. I would give them another couple months, but after that, you can contact them to inquire about the status of the case. Take care, Jason
Hi Jason thank you for your support and your help.i want to know the fact that to have attorney on your asylum case is helpful when your case was referred to court ?my case was referred to court and I had attorney from the beginning of my case.this shutting down or this covid-19 could have big impact on the cases?
In court, it is generally a good idea to have a lawyer. I did a post about this issue on July 7, 2016. As for coronavirus, courts are currently closed (except for detained cases), and so cases that are scheduled during the shutdown are being postponed. Cases set for later times should go forward, assuming things reopen. Take care, Jason
Hi Everyone,
My Adjustment of Status EAD status has been updated recently saying that “New Card is bring produced”.
It’s been more than ten days, there isn’t any status update saying card is mailed and I have been checking the mails, didn’t see a EAD mail. I talked to customer service but they said to wait 60 days in order to raise the ticket.
Did anyone had this kind of issue?
Hi Jason,
Hope you are doing well. Thanks for your help. I have a question regarding my citizenship application. I got my asylum approved on Feb 2015, and I got approved my green card in Feb 2017 but My green card was backdated to Feb 2016. Now, I am confused am I able to apply in Feb 2020 or Feb 2021 for citizenship. Thanks
You apply 5 years from date printed on the GC, so February 2021. You can actually mail the N-400 up to 90 days before the 5-year anniversary, so that would likely be sometime in November 2020 (but don’t mail it any early than 90 days, or it may be rejected as filed too early). Take care, Jason
Thanks a lot Jason. I really appreciate your help and guidance. Thanks
Normally, the wait time after such a message is not long – maybe a couple weeks. But these days, with the pandemic, it is likely slower. Take care, Jason
Good Day Jason, I did my asylum interview in March 21, 2019 and they told me they will send the decision by mail, now it is almost 13 months of waiting for that letter , I tried to call in and to someone but all is answer machines. what do you think I can do check my case status other than than the online check.
Thanks
Ahmed
You can send an email to them. That is normally the best way to communicate, though these days, they are less responsive as I guess they are partly shut down. You can find their email address if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason,
Hope u doing good and safe.
Earlier I have asked regarding EAD renewal and fee waiver. I think i am eligible for fee wavier because i have lost my job past one month due to covid-19 and no income is coming in fact from unemployed too as of today. My wife has got back to work remotely but i dont have job. When we both work then our family can survive hand to mouth but now only one income.
I am confused about one thing and same thing i wanna ask you. Will they count the tax money and stimulus checks. Do I need to mention or if i dont mention will it effect. Coz as per there criteria i may be eligible coz no job.
Please help me am so confused here. And appreciated if u can write me in detail as u always helped.
Thanks
This is a good question, and I am not sure. The instructions for the I-912 probably do not cover these points, though maybe they discuss whether unemployment is counted towards income (it is not a means-tested benefit, and I do not see how the stimulus payment is either). I do think you need to reveal everything, as you do not want to be accused of hiding anything. It seems to me that you will have to show that your income is below 150% of the poverty guidelines (you can see poverty guidelines if you look at form I-864P, available at http://www.uscis.gov), but if you look at the instructions to the I-912, it does give some guidance about showing that you need the fee waiver based on other criteria as well (medical emergency, for instance). I think all you can do is put together the strongest request that you can make, and then try it. Hopefully, it will work. If not, you may need to pay to renew. Good luck, Jason
Thank you so much jason.
Well they will give me option to pay and renew if i will not get approve for fee waiver?
One last thing how do I renew my Id and driving license since they issue bas on that. Coz renew of ead take time u know that.
Thanks
I do not know whether they send the application back to you and you have to re-send it with the fee, or if they just ask you for the fee. For the driver’s license, once you get the EAD receipt, it automatically extends your EAD by 6 months. You should be able to use that receipt to extend the driver’s license. Take care, Jason
Jason, I will be applying for Green Card soon based on asylum. What are the requirements for medical exam? I hope I will be provided information on that before applying but I am curious if you could give some feedback.
Thank you!
You can check the form I-693 (available at http://www.uscis.gov). There is a link there to a list of doctors who are certified to complete the form for you. You have to use a doctor from the list. If you cannot get the exam done before you mail the I-485 (due to coronavirus closures), you can submit it later – USCIS will request it when they need it. Take care, Jason
Jason, thank you for your detailed answer. God bless.
Greeting Dear Jason ,
I have submitted my I-485 on April 2 /2020 by down loading the 485 form from their website . However , today I have received rejection notice mentioning that It was submitted with out dated format . The letter further say be sure to complete the application fully and submit the appropriate fee ( but I already submitted the fee and fully completed the format).Again I went to the website they mentioned it is the same form . So , I need to help me in the following points
1) which format is the updated one or do I need to include additional forms which indicate in the web site.
2)Do I need to pay the fee again
Thank you for your help.
Stay blessed and safe .
1 – If you go to http://www.uscis.gov and check the I-485 form page, USCIS lists the edition dates that are acceptable. If you look at your form, that date should appear on the bottom of the form. 2 – If they took the fee and then rejected the case, I guess you have to pay again. You might try the fee waiver – form I-912. I recommend that you talk to a lawyer about this before you re-file, as it may be appropriate to appeal, if you used the correct form in the first place. USCIS frequently updates their forms, and makes old forms unacceptable. I do not know why, other than to cause problems for applicants. Maybe a lawyer can at least confirm whether the rejection was proper or improper and whether you are doing the right thing by filing again. Take care, Jason
Hi Jason, thanks for your help
I applied I-730 for my family after 16 months got approval and I got letters that case has been forwarded to NVC after 3 weeks of that I got email from USCIS that we have sent your case to state for visa processing
I don’t understand the differ between both
1:- case forwarded to NVC
2:- case sent to state state for visa processing
Gap between both 3 weeks
Pls guide me
I did a post in December 2019 with a link to a manual about I-730 forms. That may help. All consular cases that started in the US get forwarded to the NVC and then get forwarded to the appropriate US embassy (operated by the State Department), so maybe that is what they mean. Take care, Jason
Dear Jason ,
One more question They returned the money order check with the supportive doc and I am not sure whether they Cash it or not . I how can I know?
I do not know, but my guess is that if they returned it, they did not cash it. Maybe check with the company that issued it? Take care, Jason
Hi,
I applied for assylum in december and interview was scheduled in march but cancelled due to covid 19. I am out of finances and unable to pay rent, bills and to buy food. I searched for you list of charity organizations but did not find any. Could you please send me again the list of charities who can help me in this transitory phace financially.
Best regards
Here is one such list: https://www.justice.gov/eoir/list-pro-bono-legal-service-providers
Take care, Jason
Jason, I was reading some of your comments and in one of them you mentioned that getting food stamps may affect one’s asylum case? Is that so or did I get it wrong?
I thought asylum seekers would not be affected for getting medicaid and food stamps.
Food stamps or any other public benefits would have no effect on an asylum case, or on a green card application based on asylum status. The public charge rules do not apply to asylum seekers or asylees. However, if you plan to seek a GC on some other basis (family, job, etc.), the public charge rules would likely apply and receiving food stamps might be an issue. Take care, Jason
Thank you for elaborating on that. Looks like I misunderstood some of your previous comments.
Hi Jac I am about to apply my asylum and pregnant same time. If you know place to get medical assistant in Atlanta for free or low cost . If I get medical help for any hospital, does it affect my Asylem case.? In addition to that my husband father applied for green card for my family and my Asylee request have any impact on that? Thank you for your urgent response
I do not know about medical assistance in Atlanta. You might try contacting Catholic Charities in Atlanta. They may be able to refer you somewhere. Obtaining assistance like that would have no effect on an asylum case. If you plan to get your green card based on a marriage to a US citizen, then you are subject to the public charge rules for that case (but not for the asylum case). Certain public benefits may make it more difficult for you to get the GC, and so you might want to talk to a lawyer about that, so you have an idea about what you can and cannot do. Also, you can check the form I-944, available at http://www.uscis.gov, which discusses the factors for the public charge analysis. You can apply for a GC based on marriage and for asylum, and those two cases should not affect each other, so that should not be a problem. Take care, Jason
Hi Jason,
Hope you’re well and healthy. I have a pending asylum application for over 3 years and my EAD is based off my asylum application as well. I filed for renewal 10 months ago and still waiting. I filed and expedite request and below is what they sent me. A few months ago I remember a Tier2 also told me it’s weird that they sent my case to Potomac center. I came to the US on an F1 visa. What can u do at this point? I involved my congressman’s office and ombudsman 3 months ago. Thanks for The one help!
”The primary goal of Curricular Practical Training (CPT), pre-completion Optional Practical Training (pre-OPT), and post-completion Optional Practical Training (post-OPT) is for the students to gain practical experience in their field of study, not to earn money for living expenses or to fund their studies. It must be noted that F-1 students are required to establish that they have the financial ability to pay for their course of study and living expenses for the entire period of study as indicated on their I-20, thus they cannot claim financial hardship due to the very nature of their nonimmigrant status and maintenance thereof. In addition, an employment offer or start date does not qualify under USCIS’s severe financial loss expedite criteria.Therefore, your request for expedited processing of your application is denied.”
What can I do at this point I meant *
Based on this, it seems like USCIS thinks you are applying for an EAD based on CPT or OPT. Did you apply based on c-8 (asylum pending)? If so, I do not know why they would send you this message. You might want to double check your I-765 form and your receipt. Otherwise, aside from the Ombudsman and the Congressperson, I do not know what else you can do. Maybe call them again? If you did apply under c-8, you may want to call them anyway to try to make sure your case is being processed under that category and not some other category, given that their message to you relates to CPT and OPT. Take care, Jason
Thanks Jason. I spoke with a Tier 2 agent she said that admission of entry is F1 but your category is C8. She said there is nothing we or you can do but to wait. It has been 10 months. Would you recommend that I file another EAD renewal!
Adding: She said it is assigned to an officer but pending some security checks. My attorney told me that they don’t do security checks on EAD renewal. What would you advise?
I don’t know whether they do security checks, but if you have any arrest history, for a c-8 application you need to reveal that and provide documentation. Could it be related to that?
I don’t think that would help. You might try calling again, or the Congressperson. Theoretically, you can file a mandamus lawsuit to force them to act more quickly (we wrote about that in the asylum context on October 2, 2018). Otherwise, I do not have any greats ideas for getting them to do their job. It is a strange message that they sent you given that you filed under c-8. If you call them again, maybe you can try to learn more about that message. I am not sure if that is the issue, but I do not see why you would receive such a message for a c-8 EAD application. Good luck, Jason
Thanks Jason! And I do not have an arrest or detain history. I always paid my taxes on time as well.
I read about the mandamus lawsuit you published – if I do that, would tit impact my asylum case in a negative way?
Theoretically, it should not affect the outcome of the case, but there is no way to know that for sure. And, if they cannot make a decision because background checks are not done, they may deny the case. This may be better than waiting forever in limbo, though. You could then go to a judge, where such delays are much less common (though court cases are very slow for other reasons). Take care, Jason
I got this from congressman’s office. My EAD renewal is pending for over 10 months. Do I need an attorney?
USCIS confirmed that your application is being processed based on a pending asylum claim
U.S. Citizenship and Immigration Services (USCIS) records confirm that your constituent filed under Asylee/Refugee Category(c)(8) – Pending Asylum and Withholding of Removal Applicants and Applicants for Pending Asylum under the ABC Settlement Agreement.
USCIS service records indicate that your constituent’s Form I-765 is still undergoing extended background checks. USCIS is committed to adjudicating immigration benefits in a timely manner; however, a small percentage of cases have unresolved background check issues that temporarily delay adjudication. Please be assured that we are making every effort to make a decision on the case in a timely manner. In addition, we have notified the responsible party of your inquiries and will inform you of any updates we receive.
I am not sure whether a lawyer can help, but these security background checks for EADs are a real shame. It is simply another way to punish asylum seekers with no benefit whatsoever to “security”. You might try calling USCIS to see whether you can talk to anyone: 800-375-5283. Also, you can seek assistance from the USCIS Ombudsman (a link is at right). They sometimes help with delayed cases, but they are not very fast. In the worst case, I guess you can try a mandamus lawsuit – we wrote about that in the asylum context on October 2, 2018. Good luck,Jason
Hi Jason,
One of my friend came from India, on b1/b2 visitors Visa. Their date of depart is 13th April. Can they go back to India, I mean the air lines are open? Or what?
This, I do not know. They would have to contact the airline. Take care, Jason
Hi Jason,
I read your article about stimulus check. On Google I read another article, it says non resident aliens won’t get it. Can you please help me out on it?
In my article, I tried to explain the definition of non-resident alien (which is an IRS definition). Most asylum seekers would not be considered non-resident aliens, but it depends on the person’s specific situation. Take care, Jason
Hello Sir,
How are you. I wanna know something i please help me out.
Due to current situation with COVID19 I have lost my job and i have my family and kid. In this situation if a take any benefits from gov like unemployment and calfresh etc if i am eligible. So does it effect bad on my Asylum case. Its pending for years.
You know this bad situation. I have no job past almost a month and have to pay the rent utility food for me and family.
Kindly let me know
Thank you
Asylum seekers are not subject to the public charge rules, so there is no effect if you take any benefits. If you seek a green card another way (maybe through an employer, for example), the public charge rules would apply to you, and so Calfresh might be an issue (though I do not know what that is, but if it is like food stamps or cash assistance, it could be an issue). Unemployment insurance should not be an issue even if you apply for the GC based on employment or something other than asylum. Take care, Jason
Thanks, well its like they will give gift card to buy groceries food etc. I just need support on this situation covid19. Once thing will be fine i will stop taking this.
Please let me know.
Thanks
I don’t really know any more than I said above, but for asylum seekers, and those seeking a GC or citizenship based on asylum, there is no effect if you use public benefits. Take care, Jason
Can you please share on witch state you applied I’d you don’t mind
Hi. I have pending asylum case. Looks like I will receive $1200 check due to COVID-19. If I apply for GC other than asylum. Is it consider public charge?
The $1200 payment should have no effect in terms of the public charge, so there should not be a problem. Take care, Jason
Hello Sir
I contacted my congressman, because i applied to GC on 09/2017 still pending they email me before 500 days they need more Evidence i sent it to them no reply from USCIS, my congressman contact them and this them answer
Thank you for your inquiry regarding your constituent’s case that has been put on hold because he appears to be inadmissible pursuant to the terrorist-related inadmissibility provisions of the Immigration and Nationality Act (INA). Form I-485, Application to Register Permanent Residence or Adjust Status for Mr. …
The terrorist-related inadmissibility provisions of the INA are broad in scope and have been broadened by Congress over the years. However, since 2007, the INA has contained a provision at section 212(d)(3)(B)(i) that allows either the Secretary of Homeland Security or Secretary of State, in consultation with each other and the Attorney General, to exempt many of the terrorist-related inadmissibility grounds. Thus, under current U.S. Citizenship and Immigration Services (USCIS) policy, certain cases are put on hold, rather than denied, pending future exercises of the Secretary’s discretionary exemption authority that might allow the applicable terrorist-related inadmissibility grounds to be exempted.
In the last few years, the Secretaries have exercised their discretionary exemption authority under section 212(d)(3)(B)(i) for individuals having activities or affiliations with a number of specific organizations, as well as for various activities specified in section 212(a)(3)(B). The Secretary of Homeland Security to date has delegated the authority to adjudicate exemptions to USCIS. In addition, USCIS issued guidance that allows cases to be denied that were previously on hold if an exemption would not be granted to the individual applicant even if an exemption were available at some future date. Exemption guidance documents are available at http://www.uscis.gov on the page entitled Terrorism-Related Inadmissibility Grounds (TRIG).
The Department of Homeland Security (DHS) is working with its interagency partners, the Departments of Justice and State, to seek appropriate exemptions related to organizations and categories of cases that remain on hold at USCIS in order to release them for adjudication. Additionally, USCIS has reviewed its hold cases to ensure that they are properly being held, and has adjudicated cases where appropriate.
Through DHS and interagency efforts to date, USCIS has adjudicated thousands of exemptions to persons applying for various immigration benefits. DHS remains committed to protecting the security of the United States while providing otherwise eligible applicants subject to the terrorism-related inadmissibility grounds the opportunity to obtain immigration benefits where appropriate, through the use of the Secretary’s discretionary exemption authority in the INA. DHS will continue to work with you, other members of Congress, our Executive Branch partners, and other stakeholders on this issue. We want to ensure that the terrorist activity-related inadmissibility provisions are applied in a way that meets our national security objectives while also ensuring that an efficient exemption process exists for appropriate cases.
This closes your inquiry with USCIS. We hope the information provided is helpful. Please do not hesitate to contact us regarding future inquires or questions.
Sincerely,
I have 2m questions
1/ did u face something’s like this ? And how it Ended?
2/ i supposed to apply for my wife and 2 kids they arrive a year ago, they will reject for them or delayed them case ? Or its different from my case ( i added them to my asylum case) shall i apply for them?
3/ its political party many of my friends they been in this party they didnt face delays they are citizens now .is that wired?
4/ whats my next step?
1 – I do have at least one case that is on hold due to TRIG issues. I have encouraged that client to file a mandamus lawsuit, but so far, the client did not want to do that. So the case is pending (going on 7 years). 2 – It is a different case, and they may not be affected, but I imagine it depends on the facts of the case, so I do not know. Maybe talk to a lawyer about that to look at the specifics of their cases. 3 – I am not sure I understand the question, but I do think the application of the TRIG rules is not very consistent – one person is delayed forever and another is not effected. It may be that they had different situation from you, but I do not know. 4 – You might think about a mandamus lawsuit – we wrote about that (in the asylum context) on October 2, 2018. Take care, Jason
Sir jason
Can u send me your phone ?!
You can leave a message and we will call back: 202-328-1353. Take care, Jason
Jason,
Have you ever applied for or helped an asylee with an asylum case who’s been already married to a US citizen? Like when the asylee applied, he included his US wife in the application? How odd would that be?
I have had such cases, as sometimes the person is not eligible to get the GC based on the marriage. However, the US citizen cannot be included in the application (though the spouse must be listed on the I-589 form), as a US cannot get asylum in the US. Take care, Jason
Dear Sir,
I filed my case in december for Assylum alongwith family. I got confirmation in february and my interview was scheduled on 19th March but due to Covid 19 cancelled. I am running out of finances and having no social security, no health insurance. Please suggest me what to do in that scenario as without money I’ll not be able to pay rent, bills and buy food. I am much worried and please let me know what to do sir.
Unfortunately, this is a very difficult situation. I did a posting on March 18, 2020 with links to some resources. Your best bet may be to reach out to some of the immigration non-profits to see whether they can offer any help. Hopefully, once things reopen, rescheduled cases like yours will be first in line. I wish you good luck, Jason
Hi Jason,
Thanks for helping us and I appreciate it. I have a doubt please help me with it.
Can we do our consular process (adjustment of status while pending asylum ) in a 3rd country instead of the country I’m seeking protection (home country) ? Is it possible?
Thank you.
It is possible, but you would be safer to also have Advance Parole if you leave the US, so if anything goes wrong with the consular processing, you can still return (I wrote about AP on September 11, 2017). Also, if your plan is to leave the US under these circumstances, certainly talk to a lawyer to make sure you can do it and return. Take care, Jason
Just from my experience. If you did not find any 3rd country for interview do not make any plan or apply for Advance parole. Because you will not find it easily. I contacted 43 embassies to transfer my case all of them said. You have to be residence of that country . So in theory it is possible but in real so difficult.
Dear Sir,
COULD YOU PLEASE SEND ME THE NAMES OF THESE CHARITY ORGANIZATIONS WHO MAY HELP ME IN THIS PHASE OF TRANSITION. I DID NOT FIND YOUR MESSAGE ON THIS WEB.
HIGHLY OBLIGED.
ZAHID
Here is a link that may help: https://www.justice.gov/eoir/list-pro-bono-legal-service-providers
Take care, Jason
Hi Sir,
I forgot to asked. Can we expedite the process of EAD renewal when i am submitting the application or later.
Thanks
You can ask for that. I did a post that is relevant on January 29, 2020. Take care, Jason
Hi Jason gotta question for you sir ….
I have an asylum case pending a decision for over two years now and every time I check it online it shows me the receipt number and the form which is i589 but in field which supposedly last updated, it’s blank no date where the case was ever updated….? Is this normal for online case check? I mean unless they approve or disapprove it wouldn’t show any other update? Just wondering if all cases looks like that on line or something wrong here, thanks for your time and help
I am not sure I understand, but the only update you would normally receive online is that a decision has been mailed (or maybe another interview is being scheduled). Otherwise, it probably means that there is no update. Take care, Jason
Thanks a million for your response
Good Day,
Hope you doing good and save.
I have a question regarding EAD/work permit renewal.
I have pending Asylum case since end of 2018.
This will be my first renewal of workpermit after 2 year.
My EAD will expire on coming june.
-So when can I renew? How many days before?
-Can we waive the renewal fees? Does it effect to my asylum case?
– After expiry the ead how many days i have work legally till i get the new one.
– lastly do i have to sent money together with ead form or just sent waiver fee form
Appreciated your support in advance
Thanks Alot
Regards
1 – You can renew now. 2 – You can try. Look at form I-912, available at http://www.uscis.gov. This is the fee waiver form. Using the form would not affect your asylum case, but it might cause the EAD renewal to go slower than usual. 3 – When the EAD expires, you are no longer eligible to work. However, if you have the receipt for the new EAD, that extends your old EAD by 180 days. 4 – If you are applying for the fee waiver, I think you should just send the form. But the criteria for a fee waiver is not very easy (check the instructions to the I-912) and you might be better off just paying, but that is up to you. Take care, Jason
Hello Sir,
How are you. I wanna know something i please help me out.
Due to current situation with COVID19 I have lost my job and i have my family and kid. In this situation if a take any benefits from gov like unemployment and calfresh etc if i am eligible. So does it effect bad on my Asylum case. Its pending for years.
You know this bad situation. I have no job past almost a month and have to pay the rent utility food for me and family.
Kindly let me know
Thank you
Asylum seekers are not subject to the public charge rules, so there is no effect on your case if you take unemployment or any means-tested public benefit. However, if you seek a green card on some other basis (like through a job or a family member), taking means-test public benefits could affect that case. Take care, Jason
Hello Jason,
Thanks for the answer and ur support.
One last thing regarding the same Eas renewal.
Do I need to renew the ead for my child age 10year ? Because initially she also received the Ead and its expiring with us.
And regarding fee waiver for Ead i lost my job due to covid-19 and its been a month and dont know when can the situation got better and i will get the job. So in this circumstances what do u suggest for me please help coz i am confused.
Appreciated your support.
Thanks
Most people get the initial EAD for their young children, so that is free, but do not renew, since the child does not need to work. As for the fee waiver, you can try. Use form I-912, available at http://www.uscis.gov. Review the instructions to see whether you qualify. Take care, Jason
Hi jason,
I’ve a doubt please help me with it. My husband arrived to USA on F1 and he got the degree here. I applied for asylum while I was in my f2 visa and made my husband a dependent in my application. He was in status of F1 until I apply for asylum and later he became a dependent for my application. He applied for dv lottery and also planning to get the green card through his employment if he didn’t win the dv lottery. Can he adjust his status in the USA or is it possible for him travel to a 3rd country instead of our home country for immigration process? Can you please give me some ideas and I will really appreciate it.
I wrote about this issue on August 28, 2018. My guess is that he will need to leave the US to get the GC – he would have to talk to an attorney to see whether he might be able to get the GC without leaving, and whether it is possible at all to get the GC, even overseas. Take care, Jason
Basically that is possible just on current rules. But it is not possible physically because consular processing time much longer than dv lottery application window. For employment based GC processing time at least 2 years and 99% all family members should leave the country. I am on the same situation employment based application started 2017 and still in progress. By the way to find 3rd country for interview is almost impossible . That is just wasting time and money. I and my employer spend more than $20.000 so far. Looks like I will spend another $5.000. If I move next step .
Hello Jason,
I saw that some people are already asking you about the immigration questions in the Unemployment claim. I have a similar situation. Below is how I answered the immigration questions to give you a clear idea. Then I have few questions for you.
1. Are you a U.S. Citizen or National? No
1a. Are you registered with the United States Citizenship and Immigration Services (USCIS, formerly INS) and authorized to work in the United States? Yes
1b. What is the title and number of your USCIS document? Refugee Travel Document (I-571)
1c. Alien Registration Number (A#) I added mine
1j. Document Expiration Date: I added Certain date in 2021
1k. Were you legally entitled to work in the United States for the past 19 months? Yes
So once you say that you are not a U.S citizen the website automatically asks you if you are registered with USCIS or not. When you say yes, they ask about the title and number of the document you have. They provide a list of documents to choose from like EAD, Green card or Refugee travel document.
1- Does the type of document I choose from the list makes a difference. for instance I did choose a Refugee Travel Document although I could have also chosen the EAD given that I have a valid one.
2- Regrading the question ” Were you legally entitled to work in the United States for the past 19 months”, I said “Yes” although I received my work authorization only 13 months ago. But I assumed they mean “during” the past 19 months. I saw below that this question is unclear and people are confused. Do you think answering this question with Yes might be problematic for me? Like it will be seen as cheating or fraud when I apply for my green card and citizenship. They are the gov and I had no intention to mislead them. I gave them all the right details about me like my A number, my social security number and my RTD details. So I was honest with them. It is just how I understood the question.
1 – I do not know, but it seems to me that the better answer might be the EAD, as the RTD is only for travel. Of course, the RTD is also proof you are a refugee, and refugees are eligible to work – this seems a little round-about, but I guess the point is that you are eligible to work. 2 – I really do not know. If you are accused of fraud, you can certainly try to explain. And the question is not very clear. Whether that explanation would work, I do not know. It would be helpful if there was some way to contact the unemployment office to ask for clarification, but my guess is that they are a bit busy these days. Maybe if you could send them an email asking for clarification, at least you would have a record that you tried to get an answer. I do not know if that would help (or maybe hurt), but it is a thought. Take care, Jason
Hi Jason, in California when you file for unemployment benefits there is a question concerning immigration situation. The question literally as quoted from the application says:
” Were you legally entitled to work in the United States for the past 19 months?”
It is a yes or no question and there is no way to explain. How do you understand this question? do you think they mean the entire past 19 months or anytime during the past 19 months. because I received work authorization at some point during the last 19 months so I was not legally entitled to work in the United States during the entire past 19 months but I was legally entitle to work in the U.S at some point during the past 19 months. Given that I qualify for unemployment benefits because I meet the requirements of previous wages and base period, I am afraid that saying no to this question might lead them to deny my benefits. I tried to call them but no answer. Please look into the question as quoted above and tell me what do you understand. You are a lawyer and I trust your understating of the law and the language.
Hi Jason, I have pending asylum case. Do I eligible for stimulus amount? I died Tex returns regularly since couple of years.
I think so – I did a post on that point earlier today if you want to take a look. Take care, Jason
The short answer is that it is unclear to me, but give that it says “for” the past 19 months, that sounds to me like you had to be eligible for the whole period. But that could be wrong, as it is not very clear. Someone below (Zack) has the same questions, and I am posting the relevant (but not particularly helpful) part of my response to him here, for what it is worth. Take care, Jason
I do not know if there is any way to provide a more detailed explanation, and I do not know whether your answer will affect your ability to collect unemployment. Many states have unemployment offices, and you can try to contact them, though my guess is that this will be very difficult. My guess is that this information will be known to the government regardless of your answer, and so if the answer is no, you should just say that. Whether that will block you, I do not know, but I do not see what other choice you have. You might Google around to see if you can find any non-profits that assist with unemployment issues – or maybe contact your local Catholic Charities office. They may be able to make a referral. Good luck, Jason
Hello Jason,
At the time of filing my asylum in December 2018, I did not disclose freelancing work that I was doing online. It was not relevent and there was no place in the form for it. Also, at the time, I was not authorized to work in the U.S but this was online freelancing and it was occasional work.
Now I am disclosing this work for tax purposes and for unemployment purposes.
For unemployment purposes, I am disclosing this as Freelance. For taxes, this is called non common income. My asylum was approved few months ago. My fear is that when I file for green card or citizenship, USCIS might scrutinize my taxes and unemployment applications and say that I did not mention this in my asylum application. It is very less likely but might happen. Or worse thy might say that I worked when I was not authorized but again this was online thing so not technically work.
I think your best bet will be to reveal this when you file the I-485 (for the green card) and explain why you did not mention it before. If you reveal it and they do not like it, you will have an opportunity to file a refugee waiver (under INA 209(c)). This is a very easy waiver to get, and will clean up your case. If you do not reveal it, and you get the GC, and then USCIS learns later about the work, it could cause real problems. In my opinion, it is definitely better to clean it up at the GC stage, but talk to a lawyer to go over your specific case to be sure. Take care, Jason
Hi Jason,
My Current EAD expire in a few days, I applied for renewal in december, and got the receipt with typo on my names. I called Uscis for correction and they gave me a confirmation number saying I will receive a mail in 25 days, but I did not receive anything. A month after my status showed that fingerprints where applied to my case on January 29. I did not yet get the renewal. Do you think that it is ok to present the USCIS receipt with typo on my name to my employer?
Thank you.
Hi Jason, question 2 to my concern. How long do I have to wait to expect the new EAD. Thanks,
Renewals seem to be slow these days. We are seeing anywhere from 4 to 7 months in most cases. Take care, Jason
I think it is ok, and you can explain to the employer about the mistake. And anyway, you have no choice. If you have any documentation that you contacted USCIS to correct the error, you can present that as well (sometimes, USCIS sends a letter after you call them). I guess you can also follow up with USCIS, as they said they would respond in 25 days, but they did not. Take care, Jason
Hello Jason,
I am completing my Unemployment Insurance claim in California because I was laid off as a result of Coronavirus. There is a question regarding immigration status. It is tricky and i need your assistance.
The question says:
Were you legally entitled to work in the United States for the past 19 months?
the answer is yes and no. I received my Employment Authorization Document in May 2019. So I was entitled to work part of the past 19 months but not the whole 19 months. The problem is the answer must be yes or no. If I say no, they might exclude me from unemployment benefits. Any thoughts sir.
If that is the exact question (essentially, whether you could work in the US for the entire time during the last 19 months), then it seems to me that the answer must be no, as you were only eligible to work since May 2019 (unless you had the ability to work legally before that time based on some other reason). But if the question is whether you were eligible to work at any point during the last 19 months, then the answer is yes. I do not know if there is any way to provide a more detailed explanation, and I do not know whether your answer will affect your ability to collect unemployment. Many states have unemployment offices, and you can try to contact them, though my guess is that this will be very difficult. My guess is that this information will be known to the government regardless of your answer, and so if the answer is no, you should just say that. Whether that will block you, I do not know, but I do not see what other choice you have. You might Google around to see if you can find any non-profits that assist with unemployment issues – or maybe contact your local Catholic Charities office. They may be able to make a referral. Good luck, Jason
Hello Jason, the question is exactly
“ Were you legally entitled to work in the United States for the past 19 months? »
Does this mean the entire past 19 months or it could also mean at any point during the last 19 month
Good question – I really do not know. If that is the question, it sounds to me like it would be for the whole 19 months, since it says “for” the past 19 months. But it is not very clear. The only places I can think to try to help clarify the question are the state unemployment office or maybe a local charity that assists with obtaining government benefits. If there were some way to provide an explanation, that would also help, but otherwise, I am not sure. Take care, Jason
Hi Jason thank you for your help and explanation.
I have my MCH on March 2021 the first week ,but when I check it last week they changed the date to last week of March without send me any notice .
Is this COVID-19 could impact on their decision ?on their website they said after MCH ,the next hearing takes place after two weeks but some people said a year .they could speed up everything after these shutting down ?if my individual hearing is schedule after one year can I expedited to do it before ?
I do not know why the current situation would affect a case in 2021, at least not yet. Sometimes, court dates get changed for random reasons – this is fairly common, and so I would not worry about it. However, if you (or your lawyer) did not get the paper notice, you should make sure the court has your proper address (you can Google “Form EOIR-33” and find the change of address form for court). As for expediting, you can try to expedite a court case – I wrote about that on April 20, 2017. Take care, Jason
Hi ,my attorney file for change of address with uscis longtime ago and when I received my notice to appear I saw my old address on it .and my lawyer file again and sent it to my immigration court of my state .
My lawyer took every proof of my affidavit again and he said he can’t understand why they didn’t approve my case in Chicago because everything was correct and perfect but this is another supervisor who gave the decision.but he will do the rest in court .my question is :my lawyer can fight for my case with my every affidavit and I will be grant asylum after my MCH ?I am trouble
I am not sure I understand the question, but it is fairly common for a person to lose a case at the asylum office and then win in court. However, you need to think about why the case was denied at the asylum office and address those issues in court. Whether that requires a new affidavit, I do not know, but sometimes, that is very helpful. It just depends on the case. Take care, Jason
Hi Jason,
I have a question regarding the processing of the green card application. I had my asylum case approved in Dec 2019 at NJ office.
I am thinking to move to Tx in June this year.
My question is:
Does the asylum office location ( Newark Vs Huston) affect the processing time of my green card application or it does not matter?
And from your experience which one of them is faster for the green card applications?.
Thanks a lot
It should have no effect, as long as you file the required change of address form, AR-11, available at http://www.uscis.gov. As to which location is faster, I do not know, and such things seem to be constantly changing. You might be able to check processing times for different offices at http://www.uscis.gov, but that is not incredibly reliable (though I guess it will give you some sense of the different processing times). Take care, Jason
Mike,
Congratulations on your approval.
I would like to let you know that Currently Green card petition in the Texas Service center region is taking minimum 2 years to process it. For example people who filed in February 2018 are still waiting for their GC.
But Nebraska Service center is fast and recently a person who file in October 2019 got their approval which is less than six months.
If you are willing to get the GC soon and you have no issue of moving then my suggestion would be to move to the Nebraska service center region.
I thought of doing it but it was too late for me. It is just suggestion from me to all.
Just be aware that sometimes service centers speed up or slow down, so there is no guarantee that one will be faster than the other, but you can try. Take care, Jason
Hello Jason, I am going to file for my 2019 tax returns in few days so I can qualify for the stimulus package because I lost my job. There is something very technical here and it might impact my immigration status later so I need to ask you. I am an asylee. I arrived in the US and filed for asylum in late 2018 and my asylum case was approved in Nov 2019. I received my social security number and work authorization in June 2019. However before receiving my social security number and my work authorization document, particularly between March and June 2019, I did some freelancing online like proofreading for students in the UK. This was not a job in based in the U.S but I would like to report it for tax purposes. My fear is that USCIS might look into this and say you worked before receiving your authorization which is true and not true. It was an online freelancing and not based in the U.S. and does not need an authorization.
Maybe I am over analyzing and paranoid but I want to avoid any future problems when I apply for green card and citizenship
For tax purposes, I think you should talk to a tax professional about this, as I do not know. For immigration purposes, when you apply for the GC, you should disclose this somehow. It should make no difference in the GC case, but failing to disclose it might give USCIS an excuse to say that you are lying, which could cause problems. Maybe when it comes time to apply for the GC, you would want to talk to a lawyer about how to approach this issue. Again, I think it will have no effect on the case as long as you disclose it, so you should be fine. Take care, Jason
Jason,
In your last response to my question, you said “But if you have a one-year bar issue, you should file, as you do not want a to have a problem with that”.
Would you please explain that? What do you mean by “I do not want to have a problem with that”?
I thought the problem already exists with anyone with “One-year bar”? No?
I wrote about the one-year bar in January 2018. Basically, you have to file for asylum within one year of arriving in the US, and if not, you will not be eligible for asylum. There are exceptions, but it is safer to file within the one year period. Therefore, if you wanted to wait to see if things start moving at the asylum office before you file, you can do that, but do not wait beyond the one year, as that could render you ineligible for asylum. Take care, Jason
Hello Jason, I lost my job because of Coronavirus and now trying to apply for unemployment benefits and but it says that in order to qualify I should have worked for a based period of 12 months. Unfortunately, I started working in July 2019 right after receiving my work authorization. So I do not meet the base period. What should I do? Also should I file for taxes first or apply for unemployment first.
Thank you
I am afraid I do not know about this. I did a post on March 18, 2020 with a link to the state unemployment offices – maybe you could find some info there. I need to learn more about the stimulus bill and who benefits, and I will try to do a post about that. Take care, Jason
Hi Jason,
I have a pending asylum case. (Not in court).
Is it okay to apply for an Advanced parole for a third country to meet my family. Is it advisable? What is your opinion?
I wrote about that on September 11, 2017. Travel these days is unpredictable, but if you apply now, it will probably take 6 months before you have AP, and hopefully things will have improved by then. Once you have AP, it should be safe to travel to a third country. I have never heard about anyone being denied re-entry if they have a valid AP document. Take care, Jason
Hello Jason,
Do current asylees, ( who have submitted their AOS for green cards )and have been filing their tax returns in the past years, qualify for the stimulus grant ? If yes, for how long would this grant be given with the current circumstances ?
Thanks.
I do not have a clear picture of who qualifies, but it seems to me that if you have been paying taxes in 2018 and 2019 and using a valid SSN, you should automatically receive the payment. I will try to write more about this once I know more. Take care, Jason
Hi Jason
Does an asylum pending case (not in court) is eligible for the stimulus check. The government’s corona relief bill.?
I am not sure – there seems to be uncertainty about whether the definition of nonresident alien from the tax law or the immigration law will apply. If it is the tax law, some asylum seekers will be able to benefit, I think. If it is the immigration law, I think no asylum seekers will benefit. I have not had a chance to read the new law yet (it was just signed by the President moments ago), but once I learn more, I will try to post something here if I can. Take care, Jason
Jason,
Do you think it’s still ok to apply for asylum during this time? Are people still applying?
We are still submitting applications. There are currently no fingerprint appointments or interviews, and so if there is a long shut down, I do not know how that will affect applications for work permits (which you can file 150 days after submitting the asylum case). USCIS is still issuing receipts, so you can start the asylum clock to hopefully get the work permit at some point. On the other hand, if you have no issue with the one year bar (which I wrote about on January 20, 2018), you might wait a bit and see if the asylum offices reopen. If they do, you would do better to file at that time, if you want to get an interview under the LIFO (last in, first out) policy. But if you have a one-year bar issue, you should file, as you do not want a to have a problem with that. Take care, Jason
Hi Jason,
How are you doing amid coronavirus pandemic?
I am an asylum applicant who still waiting for the interview. Recently, due to coronavirus, I am about to lost my job. Am I allowed to claim unemployment benefits from WA state? Thank you!
Take care and stay safe!
You would have to check with the state unemployment office, but my guess is that you will be eligible as any other worker. There is a link above that should take to resources in WA. This is a difficult time for everyone, and I wish you good luck, Jason
Dear Jason,
I applied for a travel document with expediting requests to see my children in a 3rd country. However, When I check online the status of the application, it mentioned that the USCIS denied the expedite request. Is that mean I have to submit a new application for a travel document or they will proceed with the application without expediting it.
Thanks,
Usually, if USCIS denies an expedite request, it has no effect on the underlying application. So as long as they did not deny the case itself, they should continue to process it. Take care, Jason
Thanks Jason,
Stay home or wear masks (it helps a lot)!!
Hi Jason.
My question is, i have my family in my home country, i want to see them. Please let me know, if there is any way that I can make it happen?
If you have a pending Immigration Court case, probably not – you can talk to a lawyer, but it is probably not possible to leave the US and then return. If you have a pending asylum case, you can probably apply for Advance Parole – I wrote about that on September 11, 2017. Take care, Jason
Hi Jason,does the new stimulus package’s check hand out will include asylum seekers?
Thank you
I have not seen anything about who would receive benefits, and so it could include all tax payers. We will have to see how/if the bill progresses, but for now, I do not know. Take care, Jason
Hi jason,
1st If I have a pending asylum case, and I am using food stamp. Is there any negative effects on my case?
2 nd. I applied for EAD renewal. I got the letter that they got my application, but I don’t get approval letter yet. It’s been 4 months. How much more i have to wait?
1 – Not on the asylum case. The public charge rules do not apply to asylum seekers. 2 – I don’t know, but renewals were slow even before the pandemic. We saw some cases take 5, 6, and even 7 months. USCIS still seems to be operating, so hopefully, you will receive it soon. I suppose you can try calling about this (800-375-5283), but I am not sure whether that will have much effect. Take care, Jason
hi jason,
hope you are doing well. i have LPR based on asylum. i want to meet my family at third country. which one for i can go AP or RTD.
my passport was expired, what kind of id can show at border.
thank you
The RTD is for people who have received asylum (including people who now have a green card). Try to check in advance, though, as not all countries accept the RTD in lieu of a passport. But you can use the RTD to return to the US after your travel. Take care, Jason
Dear Jason,
I-730 for my family was approved after 15 months few days ago. They sent me letters and mentioned that cases were forwarded to NVC Portsmouth
What is next and how it work
Can I request NVC to process my cases on emergency basis as corona is spreading in Pakistan also , though the embassy is closed for two weeks. Pls advised in your point of view how long further I have to churn in this machine
Your advise is always helpful
Thanks you
I did a post about I-730 forms in December 2019, which has a link to a very helpful manual about the process. It can take anywhere from a few months to a year or more for the consular processing. You can request that the case be expedited (I think the manual discusses that too), but I do not know how that will be affected by the pandemic. In any event, there is no harm in asking. Take care, Jason
Greeting,
Is it possible to submit application of petition I-485 during this time ? I am asking this because USCIS announced its closure .
Thank you once again
You can submit applications and petitions, and they seem to be accepting them and sending receipts, but otherwise, my guess is that not much will happen until normal operations resume – you can’t even get fingerprinted right now, and when things will get better, no one knows. Take care, Jason
Is there any change about asylum interview speed due to corona virus ?
Yes, they have stopped all interviews. How long this will last, we do not know, but they are stopped until at least April 1, and it seems to me that they will be stopped for much longer than that. Hopefully, they can use the down time to issue more decisions in pending cases, and maybe work on ways to do interviews remotely. Take care, Jason
Hi Jason,
I have granted Asylum on 5/11/2017. When can I apply for citizenship? Can you help me in answering?Stay safe.
One year after you get asylum, you can file for a GC. Once you get the GC, it should be back-dated by one year (so if you got it today, it would be dated March 22, 2019). From that earlier date, you have to wait 5 years. And you can actually mail the application 90 days before the 5 year anniversary of your GC. Take care, Jason
Its go just one year back or it go back of the day you got grand asylee? Because some times you get GC after 3 years or 4 years from applying to GC .
It should be back-dated only one year. I have seen at least one case where it was back-dated more than a year, and if I remember correctly, that person then got citizenship based on the earlier date. I have no idea why the person’s GC was back-dated more than a year, but this is pretty rare; usually, it is one year. Take care, Jason
Dear Jason,
If a person ( along with his family ) being here in the US, has been granted asylum, (holding Pakistani citizenship ) and in the past, has worked for the US Army for 8 years, in different departments of the US Army an a linguist ( middle east and Iraq ), is there any provision that allows him to get hired by the US Army as an asylee ? And with this given information, is there a way to expedite the green card processing based on the work with the forces, given the fact that the background has no issues.
There is (or was) a program called MAVNI, which I think you can Google. If I remember, it was to help non-citizens get US citizenship more quickly based on military service. Other than that, I do not know about this issue. Once you have asylum, you can apply for a GC after one year (assuming you did not leave the US, in which case, you need to wait longer – so if you left the US for 2 weeks, you have to wait 1 year and 2 weeks to apply for the GC) and you are otherwise qualified. Take care, Jason
Mr. DZUBOW
You are very great person. I don’t know any other lawyer that much of Iinformation shared with us. Because I am also political asylum applicant I do really admired your efforts to the people like us. THANK YOU SO MUCH.
Thank you for the kind words. Take care, Jason
Dear Jason,
I wanted to ask you a question. My husband applied to a permanent residency based on his asylum approval. His case is in Chicago office. Now if he moved to another state and makes an address change will the timeline start from zero? Will they transfer the case to another office? What will be the bad affects of an address change?
Thanks in advance.
If he changes the address and that causes the case to move, it should not have much effect on the overall timeline. For many asylees, they do not receive an interview, so I do not know that the case will actually move, even if he does. In any event, we have not seen moves under these circumstances make much difference in the wait time (though in some ways, that is hard to know, since wait times are very unpredictable). Take care, Jason
Hi,
Thanks for supporting us on this forum. I have traveled 2 countries before arriving in USA and applied asylum here. Is this going to bar me from asylum?
Thanks
It should not, unless you are “firmly resettled” (were offered permanent status) in one of those countries. There are some new rules related to people who traveled through Central America and Mexico, and so if you did that, talk to a lawyer to be sure there is no effect. Even if there is no effect, it is a good idea to explain the travel and why you did not seek protection from one of those countries. Take care, Jason