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
Jason,
Is the order at USCIS still Last in First Out? I mean is the priority still for those who last apply and not those who applied years ago?
That is correct, but how it will actually be implemented once they start doing more interviews, we do not yet know. Take care, Jason
Thanks
Hey Jason, how are you?
Have you heard anything about “work GK,” like they used to have in 2000-2001, so people who can work and pay taxes can Adjust the status, even if they overstayed, etc.?
If Trump was against immigration, Biden has to be PRO?)
Wouldn’t it help to USCIS with all the money problems they have right now…
I know that most likely that is just a dream, but who knows!)
I do not know about that. Maybe you are referring to INA 245(i), which was a program from that period. My sense is that the Trump Administration wants to kill USCIS and that they will let it die rather than enact any new programs that might help it. Take care, Jason
Good evening Jason,
I will try to keep it very short for your valuable time.
I am sorry to bother you for this specific questions that I could not find any answer online. I thought you might help.
I have a pending asylum case since 2016 (around 3.5 years) in Chicago office. I recently (March 2020) met and got married with my wife who also filed asylum case last (2019) year as a Principal Applicant.
I want to add her as my dependant (Dependent Previously Filed an Asylum Application as a P.A).
Can you please guide me how can I do that?
Do you think I should go with
1- Request to add a dependent received before the asylum interview
or
2- Adding a dependent at the time of the interview?
Best regards,
There is probably not much point to adding her as a dependent now, since she already has a pending case and a work permit. You could just add her to the case at the interview. That would be easier. You can try to add her now (the I-589 instructions discuss this, I think; if not, email the asylum office directly – you can find their email if you follow the link at right called Asylum Office Locator), but it is often a bureaucratic nightmare to get it done. Given that she has her own case, it seems to me that you could add her now or later; it might just be easier to do later. Take care, Jason
Hi Jason, As you know flights are starting to resume. Is it safe for me to travel on my Refugee Travel Document and come back to the U.S. I want to go to Europe and Turkey. I still do not have a green card. As you know the coronavirus caused many travel restrictions so I am afraid to leave and stuch overseas.
I do not know what restrictions are in place, and so you would need to check that. However, if flights are permitted, and you have a valid RTD, you should be allowed to return. Take care, Jason
Hello Jason, I am an asylee and my asylum was approved last year. I still do not have a green card. I went to the DMV in California to apply for a driver’s license and the person told me that the license will be only valid for the duration of my work authorization. I explained to him that my case was granted and showed him my approval letter and the i94 where it say “Granted Indefinitly”. I argued that, unlike people with pending asylum who have a work permit, I have the right to remain in the country indefinitly. He said that he only knows that people with green card get drivers license valid for 5 years and people with EAD get a driver licece valid for the duration of their EAD. Can I do something about this. I do not want to have to apply for a driver licence again after my EAD expires next year. I might have a green card by then or I might be waiting for my green card by then.
I do not know the rules for the DMV in CA, but you might try talking to a supervisor or somehow elevating the issue, as you have a permanent status here and the permanent ability to work, so there is no reason to tie the license to your EAD. Maybe your state rep could help? I would start with the DMV supervisor. Take care, Jason
Hi, my husband and I are on a pending asylum case and I have a question that if due to this pandemic situation , he applies for unemployment since he’s working reduced hours .Will that have an impact on our asylum case?
Unemployment insurance would have no effect on an asylum case. Take care, Jason
Thank You ! 🙂
Thanks Jason….
Like I mentioned in my question, my case is pending a decision for little over two years and I’m filling for my first employment card Based on asylum , you said it’s free right? Does it considered as first time since I had couple based on tps ? Just so I know when answering the questions Or I should answer as I had one before which dates back to 2017 and attach a copy…can’t thank you enough, have a great day sir
Good evening sir
I was on tps and then applied for asylum, my decision is still pending….
When on tps for two years I was applying for work authorization card, but after I filled for asylum for lack of money couldn’t afford to pay for the employment card,my work didn’t even ask me for it , now after skipping for two years I can pay for it and I’m thinking to file for one, do you think they will question me for skipping and reapplying again or it doesn’t matter
You should talk to a lawyer, as you may not be eligible to re-enroll in TPS. Also, http://www.uscis.gov has web pages for TPS which might help. If you cannot get an EAD based on TPS, you should be able to get it based on asylum pending, and the first such EAD is free. Take care, Jason
Thanks Jason….
Like I mentioned in my question, my case is pending a decision for little over two years and I’m filling for my first employment card Based on asylum , you said it’s free right? Does it considered as first time since I had couple based on tps ? Just so I know when answering the questions Or I should answer as I had one before which dates back to 2017 and attach a copy…can’t thank you enough, have a great day sir
If you had EADs based on other applications (like TPS), that does not count. If this is the first EAD based on asylum pending, it is free. I think the form does require you to state whether you had an EAD before, which you did. And we normally include a copy of that, but that EAD is based on a different category and so you are renewing the EAD, you are applying for a new one. Take care, Jason
Jason,
If someone is married to a spouse who got Canadian and US citizenship, then get denied for asylum after more than two years of visa overstay in the US. Then the couple goes to Canada, the husband gets Canadian RP, now the question is, would the husband be able to enter the US with a Canadian RP despite the automatic 10 years bar on his other original citizenship?
I hope that my question is clear.
If the person had a 10 year bar due to a visa overstay, I do not think that obtaining residency in Canada would cure that problem. The person would still need a waiver. For non-immigrant visas, the waiver is the INA 212(d)(3). However, you might check with a US immigration lawyer to look at the facts of the case and determine whether the 10 year bar actually applies. And whether any other bars might apply. All this is case specific, and there is not enough info in your post for me to know. Take care, Jason
Hi Jason
Happy holiday to you and your family…..
I have a pending case in Chicago office, what you think of Chicago office when it comes to approval ratings comparing it to other asylum offices…..thanks for your help in advance
There is a website which shows approval rating of asylum offices. Not sure if it is trustworthy source but anyways you can check to get an idea.
https://trac.syr.edu/immigration/reports/judgereports/
That is a very trusty source, but these are reports about Immigration Judges and not asylum offices. Maybe they will one day compile data about asylum offices, but I have not seen it from them (that is why I did it myself based on data USCIS released at the Quarterly Stakeholder Meetings). My latest post about this data is on February 5, 2020. Take care, Jasno
I did a post about approval rates on February 5, 2020. My experience with the Chicago office has been positive, but I have not done a huge number of cases there. Take care, Jason
Thanks ,you always a great help….
Hi Jason,
Is it true that San Francisco / Arlington / Miami / Los Angeles Asylum offices have the best approval rates in USA? Is it better to have your Asylum case in one of these Asylum offices for better chances of approval during Asylum interview with a USCIS officer? What about Houston Asylum office i have heard that their Asylum approval rates are low? Is that correct?
BTW the reason i am asking is because i received a call for a high paying job offer in Houston but i am afraid that if i move to texas both the asylum office and immigration courts there have low asylum approval rates so my asylum case might suffer badly there. Currently my asylum case is pending with L.A Asylum office and i am still waiting for an interview.
I lost my job during layoffs last month but now i am hoping to move to San Francisco due to better ASYLUM approval rates there.
My (limited) experience with the TX office and the Dallas court was positive, for what that’s worth. Take care, Jason
I did a post on February 5, 2020 where I discuss this. Some officers are “easier” than others, but it really depends on the case, and for the reasons I discuss in the article, it is difficult to know exactly what the statistics mean for an individual case. I also discuss this issue more thoroughly in an article dated February 25, 2016. Take care, Jason
Hi Jason,
Hope you are well. I am a green card holder via asylum. I petitioned I-730 derivative asylee for my wife and kids and they arrived in the US a year ago. Now I want to apply for them to get green card. I had a couple of questions regarding form I-458 I am filling up for them…
1. In the form in Part 2 question #1, it asks whether my wife and kids are primary applicants or derivative applicants. What should I select given the context above. I already have a green card so it is only them applying for green card. So are they applying as primary applicants or derivative applicants?
2. There is also another section in part 2 question #s 14-18? This asks for info about primary applicant? So how will the selection in number 1 above affect the answer to this questions?
I think what we normally do for dependents is write that the applicant is a derivative and include info about the principal asylee/applicant as well. I think you need to double check this, however, as we have seen examples lately where USCIS denies an application merely for checking the wrong box. I have not looked closely at the question for a while, and we never had a problem with the way we did it before, but I think you should double check the instructions to be safe. If there is no answer, you might write an explanation on the form supplement page or in the cover letter (explaining that the person is a derivative asylum applicant). Take care, Jason
Hi,
I have been pending asylum for 7 years. I didn’t see my family for almost 9 years. Last month my brother who obtained his visa his own, visited me here after 9 years. I was in tears to see him . When I was waiting for him to come out from airport. After 5 hours of waiting I got a call from CBP officer and start asking my status and case details. Which I give him honesty and explained him everything. He let my brother out but only for 3 days. And said that I am not supposed to invite my family but as per the circumstances he is allowing only 3 days to him. And in future I should not invite them even if they sought the visa their own .
My question is that if in future my brother visits me is he or going to have any problems?
If your brother followed the CBP officer’s arbitrary and cruel rule, I do not see why your brother should have a problem. If he returns again, he hopefully will get a less bad officer. There is no basis to block your brother from coming to the US unless the US government believes that he will violate his visa and stay beyond his allotted time. Your case may be evidence for that, but if your brother has demonstrated that he follows the rules, then there is little basis for denying him entry. Of course, the CBP officials have a lot of power at the border. Most use it properly; some abuse it. But if your brother still has a visa, he should be able to return. Take care, Jason
Hello jason,
I hope by the grace of almighty you and your family will be fine and healthy.
One of my friends got his approval on the basis of marriage based case without any interview and he will be now waiting for next one year to apply for green card.
I heard from somebody that uscis is planning to waive some in person interviews and they may waive the interviews for the asylum applicants who are waiting for a long time and cases would be decided on the files/application submitted already.
Is this news correct?
I have not heard that, and I highly doubt is. Under the regulations that govern asylum, an interview is required. I suppose they could change the regulations, but I have not seen any proposals in that direction. Take care, Jason
Hi Jason,
Thank you for all you do for informing us. I have asylum case pending since 2012 recently I applied for Canadian PR and got accepted but was not able to move to Canada because of covid. Now i have to apply for work permit in US again as it is expiring. Does the canadian immigration visa I have on my passport destroy my case of stop me from getting work permit? I never traveled to Canada. Thank you.
Hi there,
Could you tell me if you applied for Express Entry program ? How long was the whole process? Also did you face any difficulty during this process? I am also interested. I have pending asylum case here waiting for interview since 2015 in Houston but have not been called for. Also if you could just tell approx. how many points did you score for Express Entry.. It would be helpful.
Thank you.
Hi Hope,
It took around 8 months. My score was pretty high, I don’t recall how much it was. Their website is very good in explaining all these things. I did everything myself and had no problem. Good luck.
Hi Bro
I am Shoban looking for Canada Express entry same as ur situation. If you can assist me further it will be great help Bro.
Regards
Shoban
An offer of firm resettlement in Canada would likely block you from receiving asylum in the US. However, I do not think it should have any effect on the work permit, as the asylum case is still pending. Take care, Jason
Hi Jason,
I may have to move to another state due to a new job. what is the process for moving my asylum case from one asylum office to another. Do i just need to do a change of address online on the USCIS website for my Asylum case I-589. My asylum case is still pending and my interview has not been scheduled yet.
Does the Asylum case automatically transfer from one asylum office to another when i do a change of address online for case I-589? Is there anything else that i may need to do when i move to the 2nd state.
Any other steps that i may need to do when i move to 2nd state?
The case should automatically move once you file the change of address form, AR-11, available at http://www.uscis.gov. You can also email the old and/or new asylum offices to confirm. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason thank you for everything here .you help us a lot .i have my attorney who charge me first for $3500 for my interview everything include and I got expedited interview in Chicago but they referred my case to court .now my attorney said if I want he represents me agin I have to pay $4000 until the Individual hearing .he said he will take care of the case .is that so expensive to represent your old client ?i asked him to do it less than that he said no.tell me something,he could do his best for me to get asylum approval in the court by the judge ?my court is in Kentucky
His prices are basically the same as mine, so I think it is a fair price (assuming you think he is doing a good job). A court case is a lot of work, even if you have done the Asylum Office case. It is certainly possible to win a case in court where the asylum office referred the case, and so you should still be hopeful. Good luck, Jason
Hello E&J,
Can you please tell me what basis your attorney used to expedite your case? I have a pending case since may 2017 and I would like to expedite mine as well. Can I possibly get your attorney’s contact?
Thanks.
Hey Jason,
I just want to ask if a travel document for re-entry to United States can be granted or issued to an asylee whose case is still pending interview? Thanks
If you mean an asylum seeker who has not yet been interviewed, then the person can apply for Advance Parole. I wrote about that on March 30, 2017. If you mean someone who has been granted asylum, they can apply for a Refugee Travel Document using form I-131, available at http://www.uscis.gov. Take care, Jason
Dear Jason,
I have couple of questions.
1. My husband got has filed for permanent residency based on his asylum approval. The USCIS asked for a Medical exam. Do you know how long does it take after we send the medical form?
2. He needs to renew his EAD. Does he have to pay for it or the fee is waived as he has applied for permanent residency?
3. I came here as my husband’s dependent. I got my EAD. I didn’t get my Social security. I have a question in this regard. I had a social security before when I was a child with my father’s surname. Now I am carrying my husband’s surname. Do I need to apply for a new social security or renew my old one and change the last name?
Thanks in advance.
1 – I do not know, especially now with the pandemic. We have seen cases take anywhere from 6 months to over 2 years, and currently, I think the processing time listed on the USCIS website indicates up to 38 months. 2 – We used to renew the EAD and use the I-485 fee receipt, but USCIS seems to have stopped accepting that a few years ago, and since then, we just have people pay the fee (he has to renew under category a-5, asylum granted, so technically, the I-485 does not apply to that) or do the fee waiver, form I-912. 3 – I think you can and should use the old number. You have to contact the SS office to check for sure. Take care, Jason
Hi Jason,
I filed my asylum application in Feb-2016 and have been waiting for an interview ever since then. Today i see this status update on my uscis online case status account.
“Next Step Is an Interview
The next step in your application is an in-person interview. Once your interview is scheduled, you will receive an interview notice in the mail and this case status will change. If you have an attorney or accredited representative on file, this individual will also receive a copy of the interview notice in the mail.”
Should i expect an interview within the next 15/20 days or would i have to wait even more. My asylum office is Los Angeles.
i have that message since 2017, so no
We did get an interview notice for a case, which is set for June 29 in Virginia. So I guess at least that office is hoping to open soon. That said, I do not think the message you got is very meaningful. The next step for everyone who filed for asylum is either biometrics or an interview, and so I do not think that message really tells you anything new. Also, since your case is a few years old, you are in the backlog. I do not know if LA interviews backlog cases from newest to oldest or oldest to newest. If they are going oldest to newest, maybe you would be near the front of the line, though I do not know that they are yet up to 2016 cases, as I though they were still working on older cases (maybe 2014). In any event, it does not hurt to make sure you have all the evidence ready, in case you do get scheduled for an interview. Take care, Jason
Thank you very much Jason, As always you provide excellent advice that also free of cost (you really are a ray of hope for so many people), BTW with all the great work that you do providing free of cost advice to Asylees and Asylum seekers, in my opinion you should be nominated for a noble peace prize already :).
Thank you. As I have said before, I think I was nominated for the No Bill peace prize, since I work cheap…
Jason,
Would it matter if someone applies for asylum before or after getting married to a US citizen? Especially when that person can’t get green card through marriage due to J1 Two Years Subjection.
Would it help at all when the immigration officer/judge see that a US citizen is a spouse of the asylee/applicant?
I would not help (unless, for example, part of the asylum case is that someone wants to harm you for marrying an American). You might also think about the J-1 waiver. The requirements are fairly similar to asylum, and so you could try that instead of or in addition to an asylum case. Take care, Jason
Hi Jason,
Thanks for everything that you have been doing. I have a pending asylum application with SF office as of Feb 16th, 2017.
On December 21st 2019 they updated it to “The next step in your application is an in-person interview” from pending.
And just day before yesterday, May 18th they updated it to “your application to uscis is still pending”.
Is it a good news necessarily? If I put in an expedite request, do you think they might approve it now?
I think it is not meaningful – the online message seem to change here and there, and in a case like this, I think it has no meaning, but I am not sure. I would not bother trying to expedite until the asylum offices reopen (currently scheduled for June 4, but it may very well be delayed). I wrote about expediting on March 30, 2017, if you are interested. Take care, Jason
My interview has not been scheduled since i filed for it in feb 2016 in los angeles. Today i got the same status as you “The next step in your application is an in-person interview”.
I was wondering what this would mean. Your situation definitely provides some perspective
Hello Jason,
Thank you for your job)
Question: my wife applied for asylum and I’m a dependent. She has received a receipt notice and
the date for fingerprint submission was scheduled but
due to the virus it got cancelled. I’d like to know are allowed to fly inside USA?? We currently own no status. Is it safe to do so?
Would not we get in trouble?
Maybe check with the airline, but you should be able to travel domestically. You should keep copy of your asylum receipts with you (among other ID documents like passports), so you can show you are lawfully present in the US. Take care, Jason
Hi Jason,
A friend has lost their ‘blue receipt’ (acknowledgement of receipt of I-589). What must they do to get a copy of it from USCIS?
Thanks!
They can try emailing the asylum office for proof of the pending case – you can find the email address if you follow the link at right called Asylum Office Locator. That will not get them the blue receipt, I think. The only way I know to do that is to file a Freedom of Information Act request – form G-639, available at http://www.uscis.gov. That will take several months, and maybe it will be even slower due to the pandemic shutdown. Take care, Jason
Greeting Dear Jason ,
I trust you are doing fine and when was the best time to submit medical evidences for I-730 petition? I did not submit the evidence with previous application in April 2020.
Thank you in advance for your help.
Stay well and safe
Dear Jason ,
It is not I -730 petition ; it is adjustment of status (I-485) .
If you did not submit the medical exam when you filed, you can submit it when USCIS requests it. However, do not do the exam until they request it, as it is only valid for 60 days after you do it (as long as you submit it less than 60 days after the date on the exam). Take care, Jason
Thank you for usual swift response. Stay healthy and safe.
Hello Jeson
I am on a pending Asylum case waiting for interview. I applied for MEDICAID and I got accepted @Maryland ,They told me that I am eligible .Does it affect my Immigration case ?
Joined as a result of the newly extended application period .
Thank you !
It has no effect on an asylum case. It might affect other cases, if you file for a GC based on a job or a family petition, but it would not affect an asylum case or a green card based on asylum. Take care, Jason
Dear Jason,
I hope you doing well during this unprecedented time. Before the COVID-19 my asylum case was approved by the Immigration judge (After the USCIS referred my case to the court). Then I went to the USCIS office and got my I-94. I was just curious when I called the USCIS to change my address the USCIS customer service person, said that I have ” Conditional Asylum” what is that mean by conditional Asylum?
I have never heard of that. My guess is that the person does not know what he is talking about, as that happens sometimes at USCIS. If the judge granted you asylum, you have asylum. Take care, Jason
If i apply for asylum in houston now. How much time it take for interview? And what are chances to get work permit?
No one knows, as the asylum offices are currently closed. I think they are supposed to open in early June, but whether that will actually happen, we do not know. Once they reopen, it is hard to know what will happen, but I did a post about fast and slow asylum offices on June 12, 2019, and maybe that would give you some idea about the Houston office (at least pre-pandemic). Take care, Jason
Jason, which are the correct options for granted asylum in IJ Order document?
1. Asylum:
– granted (this part is clear to me)
2. Withholding of removal (not sure which is the right option for granted asylum)
– granted,
– denied or
– withdrawn
3. Respondents application of (not sure here too)
-Withholding of removal
-Deferral of removal
-granted
-denied
-withdrawn.
Usually, if asylum is granted, the IJ does not need to reach a decision about the other relief, as asylum is better. Sometimes, they grant WOR or CAT as well, but usually, they do not issue a decision on those applications, as it is not needed (or maybe they ask you to withdraw those applications). Take care, Jason
Thank you Jason.
Greetings Jason, thanks for creating an opportunity for asylum seekers, please my working permit will be expired by 09/13/2020 so I was wondering when I could apply for a new one and also how I can do it since I have never done it on my own. Thanks and waiting for your reply
You can apply now. The form is the I-765 at http://www.uscis.gov, and the instructions explain what documents are needed (if it is based on a pending asylum case, that is usually two photos, the fee, copy of old EAD (front and back), proof of pending asylum case, and if you have any criminal issues/arrests, evidence about that – but if you have those, talk to a lawyer; also, depending on the case, sometimes other documents are needed, but check the instructions). Take care, Jason
Hi jason. I had interview and no decision yet. If I obtain green card somehow other than asylum, can I withdraw my asylum application? If so , they will look at it later or they just close the file forever?
You can withdraw the asylum. However, it will always be part of your record, and so you want to keep that in mind and not do or say anything inconsistent with what you said in the asylum application. Take care, Jason
Thanks. Actually I wanna know that when I withdrew it, they will not look at it anymore for decision?
When you withdraw it, the asylum office will not make a decision on the case. However, you still filed the case and it is still part of your record, and so if you do anything inconsistent with the case (for example, go for a visit to your home country), it could come back to effect you, so you need to take that into consideration. Take care, Jason
Dear Jason,
Hope you are staying safe during these difficult times.
I had my interview in Newark Office 7 months ago, but I have still not received decision. They initially told me to come pick up after two weeks, but then said they will be mailing. It has been 7 months now. What are some of the reasons that can lead to such delays? I am concerned that perhaps my file is lost somewhere.
Thank you
I did a post about this on October 20, 2015, but the most common reason is the security background check. You can email them and inquire about your case – you can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Jason ,
I applied for ASYLUM at Houston center in Dec 2016 and waiting for interview . Yesterday my wife lost her father and she is dependent on my asylum application . So can i apply for advance parole for my wife to visit India and if yes how can apply for visit and return to USA ? How long it takes to approve and any risk for my wife to return to USA at port of entry . How long they give AP for visit .
Please advise me .
I am sorry for your loss. Unfortunately, AP is not a fast process (maybe 6 months). I wrote about AP on September 11, 2017. I also wrote about trying to expedite a case with USCIS on January 29, 2020. Maybe those posts will help. If she can get AP, and it is valid, she should not have a problem returning to the US. However, if she returns to the country of persecution, that could impact the asylum case (even if she is a dependent). You may need to explain why she returned and how she stayed safe (if this is relevant to your claim for asylum), so you should be prepared to do that, and have evidence about her father’s passing (maybe the death certificate). Take care, Jason
God bless you!
Jason you are doing a great job for the asylum seekers.
In Houston, My husband had his expedited asylum interview in first week of January 2020. They said decision will be mailed to you. Still no news from them.
Please guide what to do and also do you know anyone who received decision during these lockdown days.
Stayed blessed amen
Decisions these days are rarer than before the shutdown. You can email the asylum office to inquire. You can find their email if you follow the link at right called Asylum Office Locator. I would not be surprised if a decision is not issued until things start opening up, but there is no harm in inquiring. Take care, Jason
Thanks a lot Jason. Stay safe and blessed Amen
Hello Sunil,
Can you please tell me what basis your husband used to expedite his case? I have a pending case since may 2017 and I would like to expedite mine as well. I would be glad if you can give tips on how to go about it. you can email me at atem97@ymail.com.
Thanks.
Hi Jason. Did you hear that? Uscis waived some green interviews for FB and EB due to office closures? I saw some people say that
I have not seen that happen (though we did see it once in a family-based case a few years ago, but I assumed it was a USCIS error), but I guess it is possible. Maybe they will try to do that for cases where they are legally allowed. For asylum cases, I believe the regulations require an in-person interview. Take care, Jason
Hi Jason. Please answer my question. I have pending asylum case, no interview yet since 2016. Also I am waiting interview at 3rd country for employment based green card from NVC. They said that when Visa became available, we will schedule your interview at Xxxx country. So my first question is. If I got interview for asylum and refer to court, that will effect my EB application, Does NVC still schedule my interview?
2. Question: if yes . Does it effect my EB application for decision?
3. Question: if I got interview for asylum and no decision yet, still have chance to get interview for EB? And and effect??
4. Question. If my case refer to court, is it possible to get Advance parole? I am asking just for possibility?
1 – If you are in court, you will have to find a way to leave the US without any bar to returning. This may be possible using Voluntary Departure, but you best have a lawyer check very carefully to make sure that you will still be able to consular process and return. Also, if something goes wrong at the consulate, there will likely be no way to get back to the US. 2 – Court will not affect whether the EB petition is approved, but it affects the ability to get the GC based on the approved EB petition. 3 – I guess, but if you plan to leave the US, you should check with a lawyer. If you get a negative decision while you are outside the US trying to consular process, that might also prevent you from returning, so you should make a plan for that with the lawyer (maybe minimize your time outside the US to try to avoid such an issue). 4 – If you are in court, you generally cannot get AP. You would need permission from the ICE attorney (the prosecutor) and I think it is probably not possible. At least I have never heard of anyone getting that. Take care, Jason
hello jason need your help, i had my asylum interview in new york in 2017 and was sent back to the judge and the judge gave me the date of june 2019, the problem is that in april 2019 the judge resigned, and i am never been reprogrammed until now, I don’t know how to do
You can call 800-898-7180 and enter your Alien number. The system will tell you your next court date. If there is no news about your case, you can contact the court directly to ask the clerk – follow the link at right called Immigration Court. The courts are currently mostly closed, and so you may want to wait to until they reopen to reach out. Also, you should have a lawyer to help you (if you cannot afford a lawyer, I wrote a post about how to find a free lawyer on September 22, 2016) and you can ask the lawyer to inquire about this. Take care, Jason
Can you tell me if a person granted asylum needs any of these before working?
An I 94 and a Social Security card?
It seems that an SS card will not be issued without the I 94.
The person didn’t turn themselves in at a port of entry. He was caught entering illegally.
When and how can a state ID be obtained by one granted asylum?
I think the person granted asylum needs the SSN to work, and you should be able to obtain that either when you apply for the EAD or apply directly to the SS office. To get a state ID, you should just need the proof of asylum, but many DMVs may not get that, and so they may require an EAD or other identity document. In general, employers do not know that asylees are eligible to work, even if they do not have an EAD, so it is best to get one. Especially, since the first EAD is free. Take care, Jason
My IH date was scheduled for January 2022 NYC. Do u think that dates will be pushed back cause of the covid-19? I’ve been waiting for my interview for 5 years…now i have to wait for my IH for 2….i hope I won’t wait any longer than 2022 as scheduled…
Looks like you’re gonna live10 years in US with IH and MH. If you don’t have any illegal activities, I think you’ll be eligible to apply for green card. I would like to hear if that is correct from JASON.
If you are referring to Cancellation of Removal, you have to have 10 years in the US before the Notice to Appear (the document initiating the court case) is issued. There is some litigation about this issue, but in general, that is the rule. Talk to a lawyer to be sure. Take care, Jason
There is no way to know at this point. However, if you wanted to try to expedite your case (once courts reopen), you can try that. I wrote about expediting in court on April 20, 2017. Take care, Jason
Hi Jason, my asylum was approved few months ago so I am an asylee. I am wondering if I can change my name for safety reason. I want to legally change my name. Is this possible or I have to wait till I become lawful permanent resident
You can change your name. Contact your local state court clerk’s office (or check their webpage). They should be able to tell you what to do. It should not be difficult. Take care, Jason
Hello Jason, my refugee travel document is still valid for another 9 months. I want to travel to Europe and Turkey to see family and come back. There were few executive orders and travel bans because of coronavirus and I really do not know when I can be able to travel? am I banned from traveling and returning to the states even with refugee travel document?? Please advice me
There is no order blocking people with an RTD. How easy it is to travel and whether there are specific restrictions on people returning from Europe, I do not know, but there is nothing blocking RTD people from re-entering the US. You might want to check with the airline to be sure about whether there are any quarantines or other issues, just to understand what you need to do when you come back to the US. Take care, Jason
Hi Jason, Thanks for the good job you do here.I had my master hearing in december and the IJ moved the next hearing to 2023. My EAD will expire in october, when is the best time to start applying for a new one. Thanks.
You can apply up to 180 days before the old card expires, and give the slow processing time of EAD renewals, it is a good idea to apply as soon as you can. Do not apply earlier than 180 days, though, as USCIS could reject the application as filed too soon. Take care, Jason
Jason, my asylum was approved in September 2019 and my EAD expires in October 2020.
So I will start filing for my Green Card in Septmeber of this year. It might take up to 8 months by the time I will get my Green Card.
If I am not mistaken asylees are not required to have an EAD, is that so? Or should I renew my EAD?
Asylees are not required to have EADs in order to work. However, many employers and DMVs do not understand that, and it is usually better to have an EAD. If your employer gets it, and you do not need to renew your driver’s license, you should be fine without the EAD. I would caution you that it often takes longer than 8 months to get the GC. You can check processing times at http://www.uscis.gov, but we have seen most cases take about 14 months. Some cases are slower – we had one person who just got the GC after 2 years of waiting. Take care, Jason
Wow thats a long wait time.
Thank you Jason.
Hi Alex,
Thank you for your kind and dedicated time to help Asylees like me.
Do you have any information about the recent proclamation of public charge issued by USCIS?. Does the rule have any impact on the Asylees who have used Medicaid in a cost sharing plan?
Thank you very much.
The public charge rules do not apply to asylum seekers or asylees. For people who apply for the green card some other way (family petition, job), the public charge rules do apply. Take care, Jason
Hello,
Hope u doing good. I am applying for renewal of EAD on pending asylum. If i give a reason covid19 etc to expedite my ead renwal process in the start while applying the application so is it fine. I should say while apply or i will apply first and then wait and if its delay thn i sent the request to expedite my ead process.
Mu current ead will expire in june first week and to continue my work and to renew my driving license and ssn i need the work permit.
Please let me know
Thanks
If you want to expedite, it is easier to do that at the time you filed. I wrote about this on January 29, 2020. I doubt they will expedite for this reason, unless you are working in a job related to the crisis, but you can try. Take care, Jason
Thanks Jason,
What should I write to expedite EAD and where should I attach in front of for aur at end. And do we have any form or application for EaD expedite.
Thanks
There is no form. You can just make a cover letter. You need to explain why you need your case expedited. If you have any evidence about that (maybe a letter from your employer, for example), you should include that. Take care, Jason
Hello sir jason
First of all thanks for you reply and helping us
Am in the US i applied for GC under approval Asylum, did the new executive order effect me ? And i supposed to apply to my wife and 2 kids by end of this month shall i apply or i have to wait for 60 days ?
Thanks again
The EO has no effect on people inside the US. As for your family members, I am not sure what you mean. If you want to file I-730 forms for them, you can do that any time after asylum is granted, but you must file within 2 years of being granted. Such applications are currently being accepted. Take care, Jason
Hi again Sir
There here and they been a year since they came to US , so can i apply for them for GC or they will affected my the Executive order ?!
Yours
If they came to the US based on an I-730, and they have been physically present for at least one year (and there are no other issues, like arrests), they should be eligible to file for the GC. As long as they are in the US, the EO has no effect. Take care, Jason
Good Morning Sir,
I moved to US on December 28, 2011 with my wife and 1 child. I filed my asylum in 2012. During the period God blessed 2 more kids here in US. I got asylum in June 2018. So me, my wife and our 1 child are asylees and the 2 kids are US citizen.
Since 2011, I did not go back to my home country. My parents are very sick and I would like to see them in their life.
Can I visit to my home country for limited time for a week and my wife and kids stay here in US? Is that Okay to travel with Refugee travel document? Is that safe If I come back at the port of entry? Is DHS allow me to enter in the country as they know my wife and kids are here and they did not travel with me?
If there is a problem, can I submit any document that show the seriousness of the sickness?
Please help me.
Thanks
Sincerely
Syed Ali
https://www.uscis.gov/ilink/docView/AFM/HTML/AFM/0-0-0-1/0-0-0-20165/0-0-0-20211.html
(3) Alien Intends to Visit Home Country .
There is no prohibition against issuing a travel document to permit a refugee to travel to the country of last residence or nationality; however, travel to that country may raise doubts about whether the alien has re-availed (or intends to re-avail) him or herself of the protection of the country of persecution. It may also preclude the alien from establishing eligibility for permanent residence under section 209. Each case must be judged on its own merits. For example, visiting an old or sick parent should be considered a more worthy reason for visiting one’s home country than regular visits on holidays or business trips. The applicant should therefore be referred to the local USCIS office for interview and the possible taking of a sworn statement.
In the light of above para, if I submit the doctor’s document showing the seriousness. Is that helps?
You do not need to submit it, but have it with you in case you are asked when you return (and when you apply for the GC and citizenship). Take care, Jason
I have had clients do that without a problem, but there may be some risk. It is worse if you fear the government, which could arrest you at the airport, than if you fear a non-government actor) such as a terrorist group, since they would have to find you. If you go, be prepared to explain why you went and have some evidence. Also, be prepared to explain how you stayed safe. Even if everything is fine, you should save all the evidence and so you can explain the trip when you apply for a GC and for citizenship. Take care, Jason
Hi Jason,
I applied for asylum in January 2018 and still have not received an interview date.
I am applying for my ead renewal for c8 and I just wanted to check with you if it’s ok to fill in the sections that do not apply to me with N/A or should I just leave them blank.
Thank you in advance and God bless you
On the I-765, we usually just leave them blank, but if you write N/A, that may be safer (USCIS is rejecting I-589 forms where you do not write N/A, but so far we have not had that problem with other forms). Take care, Jason
I had my court day three month ago but the judge decision took time to send it my mail wasn’t in same day so i received my decision in mail through my attorney but unfortunately was denial
My first question
How long will take to the processing of appeal will take to get inshalla my decision?
My attorney already replay with in 30 days after decision?
My attorney too requested subpoena for my first and second interview asylum officer i had interview with them because both of them give me approval at the beginning then went to the supervisor then get denial to the court ? They didn’t show up on court day
This excerpt about my asylum case pending what’s do you think upon your experience?
Do you think COVID19 would effect on asylum case decision?
Thank you jason
The appeal must be received by the BIA within 30 days of the judge’s order. An appeal normally takes anywhere from 6 months to 2 years; it is not so predictable. I do not know enough about your case to give an opinion, and I do not know why the asylum officer’s opinion would be very relevant, since the judge makes his or her own decision, but your lawyer knows more, and maybe that is an issue in your case. I doubt COVID-19 would affect the case, except for causing delay. Take care, Jason
What’s new law IN USCIS about medical professionalism career for someone already in U.S or for someone outside regarding for COVID 19
The new Executive Order blocking green cards overseas does not seem to apply to people coming here based on a job in the medical profession. I wrote about this in a post yesterday, but if you are affected by the new order, you may want to talk to a lawyer to get some specific advice. Take care, Jason
Hi Jason. I have pending asylum case. Also I have employment based Visa application. I am waiting interview for consular processing. I received final letter from NVC that says we will schedule your interview at … country when visa available. So my question is that does immigration law effect me?
2. Q.: this 60 days will change anything for asylum pending applicants. Any change for speed up or slow down?
My understanding is that new green cards will not be issued at consulate for 60 days, and that may be extended. It sounds like it will affect you, but you should talk to a lawyer to be sure, as there are plenty of exceptions to the rule. Plus, if you are here, planning to leave, you should talk to a lawyer about the logistics of that, especially if you are not going to your home country. And if you plan to go to your country, that may raise issued about whether your asylum application was a fraud. Finally, you might want to get Advance Parole when you travel. That way, in case anything goes wrong at the consulate, you will still be able to return to the US (if you have an H1b visa already, or something similar, this may not be a concern). In short, I think you need to go over your plan with a lawyer to be safe. Take care, Jason
Hey Mr.JASON
Thank you for your help on asylum seekers on this page…
I had my interview on August 30, 2018 till date no decision. Each time I book an infos pass appointment for inquiry , they will call me the day before and ask me not to come that a decision will not be ready by the time I get there. Please is there something I can do for my decision to be issued? Thank you
You could try the USCIS Ombudsman – a link is at right. Sometimes, they help with delayed cases. You can also try contacting your Congressperson. If all else fails, you can try a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason