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
Hello jason. I have asylum pending case. No interview yet. I got interview schedule for employment based green card at 3rd country before covid 19 . Then , They canceled. Looks like embassies will be open as soon. My question is that my son passport will be expired on December 2020.
Q1:If I go to outside the US for interview, there will be any problem regarding less than 6 months passport.
Q2: I know to renewal a problem for asylum seekers. What i need to do?
Q3: my son is 5 years old. So is there any expection?
Q4: When I return before it expired , there will be a problem at US entry?
Q5: your advice please.
1 – I do not know. I doubt it, but you should have a lawyer check to be sure. 2 – It can be a problem, but you may be able to explain that and avoid a problem (for example, if you fear terrorists and not your home government). 3 – I do not know about any exception, but I do not do a lot of consular cases, and so I do not know. 4 – If you have a valid visa, and there is no issue with passport validity, you should be fine. 5 – I recommend that if you can get it, you get Advance Parole (form I-131, available at http://www.uscis.gov) so you have that when you travel. That way, if something goes wrong with the visa, you can re-enter the US. This may be difficult to get and difficult to time it so that you get it for the same time you do the consular processing, but it would protect you. Anyway, maybe talk to a lawyer about that possibility. Take care, Jason
Thanks for answering. I got AP specially for consular processing but it is expired end of May. I think I can get it again. But I couldn’t get answer about passport from my attorney. I have problem with government So nobody knows i am here. My concern is when i go to airport, what i will have problem related passport
I have not heard about anyone having a major problem at the airport, but I have heard about officers at the airport asking whether an asylee went to his home country. I have not heard them asking about whether a new passport was issued. It may happen, but my guess is that that is pretty rare, and if you are not fearful of the government, you can hopefully explain why/how you got a new passport. Take care, Jason
Does my country embassy ask question about my legal status in US? If so what i need to say
I do not know about that. Sometimes, embassies do not want to renew a passport unless they know your status in the US, but I would imagine it varies by embassy. Take care, Jason
Hi Jason,
I have been a permanent resident for 3 three year, and I got my GC through asylum. My question is regarding renewing the My home country national passport. Living with a travel document is miserable and its extremity difficult to make any travel plans due to USCIS delays and the fact that its valid for 1 year so technically its usable only for 6 months since almost all countrys require any travel document (passport) to be valid for at least 6 months to let you in.
In the form I-131, Part 6, question 3b, it is specifically asking
“Applied for and/or obtained a national passport, passport renewal, or entry permit of that country?”
My asylum was based on fear from the Syrian government. I am still afraid and my asylum case is still valid and have no plans to go back to Syria anytime soon.
My question is what are the consequences that you think I might face if I apply for a syrian passport to use it for the next 3 years until I get my american citizenship? Keep in mind that the syrian government is renewing passports for all syrians abroad even if they are wanted since they are charging $800 per passport and its a revenue source for them. So the fact that I got a syrian passport doesnt mean that my aslum claim was not true.
Best,
I think it is better to avoid getting the passport, especially given the cruelty and unpredictability of the current Administration. That said, I have never heard of anyone losing their status because the renewed the passport and I suspect you would not have trouble based on that. It is not impossible, but it is very unlikely. Take care, Jason
Jason,
Then if the one year bar, working without authorization and visa over stay (4 years overstay) apply to someone then would you say that there absolutely no chance at all to get an asylum even if the case is valid and legit (the case is from the middleast)?
I do not agree with that – I think there is still a chance. You have to try to counter-act these “negative” (in the eyes of the US government) factors with positive factors or otherwise overcome them. I do not think it is impossible. I think it will be more difficult and will require more work (assuming these new rules go into effect). Take care, Jason
Hi Jason, I asylum case is approved.
My EAD expires on January and on January I will be eligible to apply for a GC.
Taking into account that GC processing time is 8 mo. to 3 years, do you advice me to apply for an EAD?
May I ask what year you applied for asylum? And what country you come from?
It’s up to you, but since many employers and DMVs do not understand that asylees can work even without an EAD, I think it is a lot easier to have the EAD. But if you can live without it, you can not renew. If money is the issue, you can try for a fee waiver – form I-912, available at http://www.uscis.gov. Take care, Jason
Dear Jason,
My EAD expires after 5 months so do you suggest to apply for renewal now or wait until next month so that I maintain the 4 months margin? My worry is the Covid 19 thing would delay my renewal. Thanks In advance!
Renewals are slower than before, and so I recommend that people apply early (the earliest you can apply is 180 days before the old card expires), and so I would recommend that you apply now. Take care, Jason
Hi Jason,
Thank you again for your article clarifying the new Asylum proposals by Trump Administration.
The below is my comment on regulations.gov, “Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review”.
I know my comment may not make much difference but i am glad i voiced my opinion against the evil and cruel agendas of TRUMP administration.
“These new proposals are an absolute abomination. They exhibit cruel actions and promote persecution of Asylees who have already been through so much. Most of these rules make absolutely no sense and are a clear violation of US and international Asylum and Refugee laws. Also these new proposals unfairly target people who have their Asylum cases pending for several years and had absolutely no way of complying with these new regulations. Shame on the Trump administration for introducing these barbaric and inhumane regulations to further attack and persecute the most weak and vulnerable Asylees. Just Keep in mind there is no justice in making draconian laws to persecute other people. Many dictators and authoritarians in the past have introduced such laws to persecute weak people in society. These new proposals are as far from Justice, rule of law and equality as any one can imagine.”
Very well said. I encourage all people to submit comments about these regulations. Take care, Jason
All should be lower case “trump”. We will vote him out.
Hi Jason,
Thank you for all your help. I had my asylum interview and I am waiting for decision for the past 9 months. I emailed the asylum office, and they said my case is under review and it may take up to 45 days to take a decision, and I SHOULD NOT contact them until that times has passed. Do you think this is an automated/standard response for pending decisions, or they will actually make an effort to make a decision within 45 days? Also if I seek assistance from Ombudsman case assistance, will this hurt my case with the asylum office? Thank you
I think they are working on it and that you should wait 45 days, but I do think that is a pretty standard response they send. I do not think contacting the Ombudsman would negatively affect the case, though I do not think that office is so effective. I would give them 45 days and then if there is still no decision, contact them again and try the Ombudsman and/or your Congress person. Good luck, Jason
Jason, thanks a lot for posting an article on the new regulation.
Let’s sign up, make ourselves heard and limit this administration to one term.
Hello Jason,
My green card just got approved based on my asylum case. I have couple of questions connected with that.
1) My EAD is going to expire soon do I apply the same way for EAD with holding a green card or there are different precedures?
2) Do I apply for citizenship 5 or 4 years after green card approval?
Do I still need a RTD to travel abroad with green card?
Thanks in advance.
1 – If you have a GC, you do not need an EAD. The GC allows you to work and travel. 2 – Look at the date listed on the GC (“Lawful Permanent Resident since __”). You can apply 5 year after that date (really, 4 years and 9 months after that date, since you can file to naturalize up to 90 days early). 3 – It is best to use the RTD and not your passport. The GC does allow you to re-enter the US (as long as you do not go out of the US for 6 months or more), but as an asylee, it is best not to use your passport if possible. I recommend you use the RTD. Take care, Jason
Hello Jason, my green card application should be easy and straight forward. I was granted asylum last year and there are no outstanding issues.So I will be applying soon. I am well educated and had no problems with applications in the past. I completed my EAD application and Refugee travel document application without any attorney assistance and they were both approved. This time for my asylum based green card, I want an attorney to just review my application and listen to my concerns. This is just to make sure that I tick the right boxes and to have another eye. It is also for my personal peace of mind, to have an attorney who knows about my application if needed to intervene.
This will take 3 hours maximum. I am willing to pay him per hour. For instance, if he charges $200 per hour for 3 hours, that is $600 in total. Are there attorneys who accept that. because I called few attorneys and they have a fixed rate which is like between $1000 and $2000. I am sure that my application would not take more than 2 hours of an attorney to review it. Please let me know what do you think Jason.
The problem is that when an attorney reviews a case this way, he becomes responsible for the case if something goes wrong (in other words, you could sue the attorney). For this reason, many lawyer are reluctant to review work that we do not control. In our office, we have had discussions about how to do this, and we are still on the fence about what to do. An alternative might be to just ask for a consultation with a lawyer and ask your questions, and maybe get the answers you need. Take care, Jason
Jason, I was granted asylum and will be applying for a GC in December.
As you can see I have extremely complicated first name 😁 and wanted to shorten or simplify it.
What are the ways to do it? Can I get my EAD or GC under a new name even though I have a foreign passport under name Jurgita for example?
When you apply for US citizenship, you can change your name on that form, but there is no such possibility on the GC form. To change your name prior to applying for citizenship, you need to contact the court clerk for your local state court. It is pretty easy. Once your name is changed, you will get some papers from the court, and you will have to submit those to USCIS for new applications. If you are changing your name, it would be a good idea to do that before you file for the GC, so you can include name change evidence with the application (and don’t forget to list all the names you have used in your life at the beginning of the form). Take care, Jason
Hi Jason
My asylum case is pending . I applied in 2017 .
My son name ABC and his father name AC is same .
So on papers his name and his father name is same.
What is the process of changing his name I want to remove his first name.
Do I have to get his new birth certificate from home country ???
Pls advise
You want to change your son’s name on the asylum application? Typically, you would do that at the asylum interview. You could also submit the birth certificate (or corrected birth certificate) at that time. If you need to correct it sooner, I guess you could contact the asylum office to ask about that, but it won’t be easy. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello, Sir I came US on B1 visa in 2017 and applied Asylum on a same year in California. It’s been a long time now and I haven’t get any letter for interview yet.. based on current serenio it’s seem a long way to go. My question is ( can I apply immigration under close relative- My wife sister and in-laws are US citizens.. can I apply under this stream while live in US and while waiting asylum)..
If your wife’s sister is a US citizen, she could file for your wife and family. However, the wait time for a GC is about 13 years (you can see wait times for the different categories of relative petition if you Google “DOS visa bulletin”), and you would need to leave the US to get the GC, which may or may not work, depending on your the facts of your case. So this is not a very practical option. I did a blog post that discusses alternative paths to a GC on August 28, 2018 – maybe that would give you some ideas. Take care, Jason
Hi Jason, I made few mistakes on my unemployment insurance application. I tried to reach out to the Unemployment Department and they said they approved my application because these mistakes does not disqualify me. I am afraid that when I apply for green card these mistakes would affect me. For instance, in the unemployment application I divided some freelancing online income on the four quarters of the year. This might lead an immigration officer to deduce that I worked when I was unauthorized to. The fact is, it was an online freelancing with a person outside the U.S and it happened later after I got my EAD. I just divided the income on the quarters of the year because the unemployment application was based on quarters.
The question on the green card application says: Have you ever worked in the U.S without an authorization ?
My simple answer would be No. Unless they somehow check my unemployment application and reach the conclusion that I worked without authorization. I never heard USCIS checks unemployment insurance applications. I asked an attorney about this situation and he said I should answer the question as is and if they have further questions, they will reach out. His opinion is that I should not add something that is not relevant. He says that mistakes I made on my unemployment application are not relevant to this. What is your opinion on the situation.
Based on what you write, I agree. It does not sound like you worked without authorization, and it also sounds like you can explain the errors on your unemployment application. It sounds to me like you can safely answer no, but if you are concerned, I guess you could provide an additional explanation. In some cases, that helps, but here, my sense is that it is not needed. If you talked to a lawyer, and that person knows your case and is familiar with the error, his advice is probably better than mine, as I do not know your case, but based on what you say, the lawyer’s advice sounds right to me. Take care, Jason
Jason, are asylees allowed to apply for government assistance in case they lose their jobs?
Won’t it affect their cases when they apply for a GC?
Asylees (and asylum seekers) should be eligible for unemployment benefits the same as anyone else. Such benefits would not affect an asylum case or a GC case based on asylum granted (at least not now – if the new rules go into effect, we will have to revisit this). Take care, Jason
Hello Jason,
Could you please explain a little bit about “discretionary denials” ? What does that mean? Thanks!
If a person meets the legal definition of a refugee (as defined by INA 101(a)(42)), they do not automatically get asylum. They have to show that they merit asylum as a matter of discretion. Typically, unless there is something very unusual (like maybe a major child support issue), everyone who qualifies is granted asylum as a matter of discretion. Under the new rules, it will be more likely that people who meet the definition of refugee will be denied asylum as a matter of discretion, for things like entering the US illegally (which would not normally have blocked the person from getting asylum). Hopefully, this rule will be blocked by the courts, as there is reason to block it, but we will have to wait and see. Take care, Jason
I actually don’t know why the people are freaking out about the new rules?? First of all it’s not approved yet at all and most likely will be blocked by the judges and second thing the most effected people will be the new asylum seekers but most of the folks here already have cases since years ago so no need to freak out and maybe joe biden will win then he promised the immigration system will back to normal like obama days so guys please spread positivity enough negativity!!!
I think there is a decent chance that many of the new rules will be blocked by the courts, but unfortunately, the Supreme Court has been very deferential to the President, and it seems very possible that once a case reaches that level, the Court may allow the regulations to go into effect. Also, many provisions in the new rules could be applies retroactively, so even people currently in the queue could be affected. As I read them, these new proposals are the worst yet from the Trump Administration, and they will greatly harm asylum seekers. It will still be possible to win a case, but it will be much more work and will be more difficult for most people. Everyone interested in this issue should be working hard to try to stop what is happening (by commenting on the regs, contacting Congress) and to limit this President to one term. Take care, Jason
We should limit this so called president to one term.
I feel sorry for America and cannot understand how can a decent person support such a wannabe dictator in training.
As a person concerned about rule of law and Justice (as we all should be), I don’t understand it either. Take care, Jason
I have a pending asylum case since FEB 2016 in LA Asylum office. I understand your point, there is no need to be scared about the new rules. When i heard about these new Asylum proposals by Trump administration i got stressed and frustrated. I was laid off from my Job due to COVID-19 last month so now not only do i have to worry about job prospects but also worry about Trump’s new proposals. But after thinking about it, It is really not that bad. Most of these rules were already in place. Trump administration is just trying to make Asylee’s life more difficult. People who have strong cases should not be worried and may be most of these new proposals will be blocked by courts. But there is no guarantee that Trump will not win a 2nd term. There are good odds that he may continue a 2nd term and may make things more difficult for asylees. In any case I am not afraid, Trump administration has a habit of introducing draconian rules and proposals but there is still some semblance of law and order in US courts and institutions. So I believe in America and i hope that everything will turn out for the best for all Asylees in USA.
Hopefully, but they are getting better at making their rules stick, even when they violate due process of law and the substance of the immigration regulations. We will have to keep fighting, and also try to remain positive, as a lot of people are on the side of asylum seekers. Take care, Jason
Jason,
I am an asylum seeker, I came to the US on F1 visa and dropped my status when I applied for asylum.
Recently I found out that I won a Diversity Visa Lottery.
Do you think I can claim DV lottery and adjust my status?
Thank you!
I did a blog post about this on August 28, 2018. The short answer is that you probably need to leave the US to get your GC, and this may or may not be possible, depending on your case. Talk to a lawyer to see what can be done. Also, there are some rare exceptions that may allow you to adjust status in the US, but that is not likely, especially if you were not in the US prior to December 20, 2000. For most people, adjusting status in this situation does not work, but you may want to talk to a lawyer to see whether there is a path for you, or whether you might want to leave the US to try to get the GC that way. Take care, Jason
Jason, thank you so much for the detailed answer.
I can definitely answer your question because 2 years ago i was in same situation. If you already pass 1 year after entering the US, you are definitely find 3rd country US embassy. In this case if you don’t have permanent residence at 3rd country %99 embassies will not accept your application to process. And even one of them accept that you need to have valid visanto enter 3rd country. Also you need to get advance parole in case of something went wrong. Otherwise you can’t come back to US. Finally i tried to do it first for DV visa. I missed to final day to apply because i couldn’t find a 3rd county. The biggest problem is response time is too long. And i tried to get employment based green card. Still same problem to find 3rd county embassy. I contacted 34 embassies and waiting .
Thank you so much for your detailed explanation.
I wish you all the best, I hope one of your options will work out.
Hi Jason
Thank you for all your support. I’m currently an asylee. Will I still be considered to be an asylee for my green card application if the political party I’m a part of has been dissolved and I am no longer a member? Will that cause problems on my green card application eventhough I still maintain my political opinion?
If there are changes that make it safe for you to return to your country, that could (theoretically) cause you to lose your asylum status. However, the fact that your party was dissolved does not sound like it would be that type of change. I guess it could be, but I doubt it. I have not yet seen anyone lose asylum status or be denied a GC for a reason like this. Take care, Jason
Jason, I am an asylee but didnt apply for green card yet.
They are saying that with the new regulation trump is about to sign, it might also likely to affect asylee EADs, what do you think?
I did not see anything in the regs that would affect EADs for people who have been granted asylum (though there are a different set of proposals, not yet public, that may impact the EADs for asylum applicants). Take care, Jason
Jason, this new regulation looks insane.
Does it affect those who have already been granted asylum?
As far as I can see, it does not affect people who were granted asylum. Take care, Jason
Hi Jason, I am an asylee and I am going to apply for my green card soon. does USCIS check financial records like credit scores as part of the green card process. I just have a bad credit score and few bills that I could not pay so they were sent to collection agencies and I am worried if those could affect my green card application.
USCIS does check as part of the public charge analysis. However, if you are applying for a GC based on asylum granted, that does not apply to you, and so there are no worries. Take care, Jason
Hello Jason, How much do you charge an asylee who is applying for green card. I am based in California.
I think for most cases like that we charge $1500. Take care, Jason
Good day Jason, yesterday, the gov issued a new asylum proposal
https://www.cnn.com/2020/06/10/politics/us-asylum-draft-rule/index.html
any thoughts of what this might mean to asylum seekers and asylees
thank you sir
I will try to write a post about it, but it is pretty bad. I think it will mostly block asylum seekers from Central America, but it will affect all asylum seekers in terms of trying to block people for passing through other countries before they reached the US, and for discretionary denials. There is a good analysis of the regs here: https://threadreaderapp.com/thread/1270814647965356033.html. Hopefully, some or all of this will be blocked by courts, but we will have to wait and see. Take care, Jason
Does it effect current asylum seekers?
As they are written, most of the new regulations affect current asylum seekers. Whether it can go into effect that way, I do not know. I imagine there will be court challenges, and hopefully, they will block some or all of this. Take care, Jason
These new proposals are absolute garbage and a blatant violation of international and US Refugee and Asylum laws. Trump and Stephen miller trying to do their worst as his presidential term is coming to an end. I hope most of these proposals get challenged and blocked in courts by civil rights unions. As if the lives of Refugees and Asylees were not already extremely difficult that Trump had to come up with even new Evil proposals.
Let’s hope this Administration ends. I am not so sure. We shall see. Take care, Jason
Good God, I read those new regulations and it is insane. My asylum was granted but I do care about our brothers and sisters who have suffered.
Most people come thru different countries.
I hope these idiotic rules will be blocked.
Hello Jason,
USCIS say on their website:
USCIS officers may determine, on a case-by case-basis, that it is unnecessary to interview certain adjustment of status applicants. The following list includes, but is not limited to, categories of cases where officers may decide to waive an interview:
Applicants who are clearly ineligible;
Asylees and refugees who were previously interviewed by a USCIS officer;
My understanding the that principal Asylees are not interviewed for green card. But I heard that USCIS is now going to interview everyone. First, Green card officers are not the same as asylum officer and I do not think they have access to the whole file I submitted including affidavit, evidence, country conditions.,,etc. Second, I am still traumatized from two asylum interviews and I am very scared of forgetting details if I am asked during a green card interview. I felt a great relief after my asylum was approved and I thought I put all the past behind. Now I am told I might have to explain my story again to green card officer.
So from your experience why USCIS want to re-interview asylee who won their cases and approved to stay in the U.S permanently? should we be scared?
I have not heard about USCIS officer re-interviewing the person about the asylum case, either for the GC or citizenship. They do sometimes ask some questions about that, especially if they notice inconsistencies between the different applications. Since USCIS announced that they would interview all GC applicants, some of my asylee clients were interviewed; others just got the GC without an interview (as they did before the announcement). The interviews focus on the requirements to get the GC and seem to be pretty quick. I do think you should be familiar with the basics of your asylum case, and you should be prepared to say that you do not remember rather than guess, if you do not know the answer, but I do not think you need to be concerned that you will be re-interviewed for asylum. At least I have not seen that or heard about it happening. Take care, Jason
Hi Jason, applied for a green card based on asylum and found out that I made a mistake on the application. On the eye colour section, I selected brown eye instead of black which was on my original application. Would this be a reason to deny my application?
I cannot put anything past the cruel people who process these application. However, I highly doubt that would cause your case to be denied. Sometimes, people’s eye color changes, so maybe that happened to you. My sense is that this will not block you. Take care, Jason
Hey jason i have a question for ya please
I know there’s no guarantee for anything but with your experience if someone has a photocopy of the detain report and pics of tortures on his body and x ray of a broke finger of him and recently diagnosed with HIV+ Including a letter from the doctor here so you think in Chicago aslyum office do you think is it possible to win the case from the Chicago office ?
It depends on the case, and so I cannot say, but this evidence sounds like it would strongly support a grant of asylum. The case still needs to be prepared properly and you need to identify any weak points and address those (since even a strong case can be destroyed if the person does not meet all the legal requirements for a grant). Take care, Jason
Hey jason
I have my own business so in case while renewing my ead next year take some time can i file my sales tax normal every month or it’s illegal to fild tax cause my ead is still pending ? I mean i work for myself so waiting for ead ain’t gonna be a big deal for me but what about filing the sales tax a month?? And does the irs and uscis has any common connection together?
I don’t know about that – you may want to structure your taxes so that you are filing while you have a valid EAD (or the 6-month automatic extension when you renew). Maybe talk to a tax professional to see how that works, or a lawyer who does more business immigration, as I am not sure. Take care, Jason
Hi Jason, I was granted asylum last year and I will be applying for green card in few months. Do you advice me to hire an attorney to help me with green card application because I am an educated person and the application looks straight forward to me. What are the advantages of having a lawyer as part of the green card application process and what kind of problems an Asylee might encounter when applying for green card.
I used to tell people (including my clients) to do it on their own. These days, it is more tricky – in some cases, if you make a mistake, they simply deny the case and you lose your money. I have seen this happen to two people (one who failed to include a birth certificate, though this was not an asylum case, and an asylee who checked a wrong box stating that he was a refugee). So it is harder now to recommend that people do it on their own. If you are very careful, include all required documents, and make sure your I-485 is consistent with your I-589 (some areas of concern: memberships in organizations, arrests, lies to get a visa to the US), then you should be able to do it on your own. It really should not be that hard, but the current Administration is looking for excuses to deny cases, and so you have to be extra careful. Take care, Jason
Hello Jason, can you shed some light on how the public charge rule is applied. For instance, I received some support from a mental health project funded by the city and county of San Francisco department of public health during 5 months when I was uninsured in the past. Recently, I became uninsured again as a result of losing my job and my health insurance. I signed up with free local clinic. Now when they sent me the paperwork, I found that they registered me with California Department of Public Health. I gave my info to the free clinic to become part of their program that supports people with low income and they shared my info with California Department of Public Health. I will also need to apply for Medic-Aid since I have no insurance. I do not know how long it would take till I find a job and become insured again, and I can not afford insurance on my own. In the future, when I adjust my status how they are going to apply the public charge rule and also how USCIS would know? It looks like those clinics that supported me do share info California Department of Public Health but not with USCIS. It also looks the system is not organized.
If you are an asylee and applying for a GC based on that status, the public charge rule does not apply. If you are getting your GC in most other ways, the rule applies. Check form I-944, available at http://www.uscis.gov, for some idea about the info they need. They look at all the various factors in total to determine the likelihood that you will become a public charge, and some factors weigh more heavily than others. So if you have some “negative” factors, that can often be balanced and overcome by having “positive” factors. The rule is designed to make it more difficult to get a GC, and it does do that for most applicants, but if you review the factors and maybe get help from a lawyer, you should be able to meet the requirements, even if you have some negative factors. Take care, Jason
Hi Jason,
I was granted asylum in 2018 In the Arlington office, and I applied for LPR, I-485 In August of 2019. When I check my status, it shows that my finger print was received. Do you have any ballpark idea on when I might hear back from them. I know you work in DMV area so you might have an of it from experience. Thank you.
Most cases seem to be resolved in the 14 to 16 month range, but we have had cases that take more than 2 years. Also, if you check the processing time at http://www.uscis.gov, I think it gives a time range of 1 to 3 years. You can always call to inquire (800-375-5283), but I think there is not much to be done, as the case is still within the normal processing time. Take care, Jason
Hey jason i have photocopies of the detains reports i got in my own country is that good evidence? But i only have the photocopies cause i lost the original ones in my luggage which is lost by United airline and i have the evidence that i have a lost bag
That is helpful evidence. You may also want to submit the lost luggage report, as that explains why you do not have the original document. Take care, Jason
Hi Jason
I’m an asylee from Ethiopia and recently was scheduled for an interview when I applied for a green card. Is it common for asylees to be called for interview? Should I be concerned?
Hi,
In rare cases without the interview they will be sending the green card.if you don’t mine which service center did you applied and how long it’s take to get the interview notice., when did you applied.
Thanks John
In the past, principal asylees were not interviewed for a GC. Recently (I forget when), USCIS said it would interview all GC applicants. In general, they have not done so, but some are interviewed. I do not think it is specifically a reason for concern. However, you should review your asylum case and your I-485 application and make sure there are no inconsistencies between the two, and you should be able to answer questions about both cases at the interview. Take care, Jason
If you don’t mind me asking, what month and year did you apply for your green card?
I applied October of last year.
Hey jason
I applied for asylum case in March 2015 and my case is still pending in Chicago office since then !!! so do You have any idea if the people who applied in 2015 will get interviewed any soon in Chicago office ? I mean it’s almost 5 years!!! And please jason do u have any idea if Chicago office is kinda complicated or it’s not ? I mean i know it depends on the case for sure but some offices make it so hard to win the the case from the first round
Hey Jason,
I’ve a pending asylum case in New York since 2017 and since that time I haven’t seen my kids because they are outside of USA. I want to expedite my case because of ” Family Separation ” but my lawyer doesn’t support this step and says family separation is not a strong reason to expedite cases besides expedition is not a good idea in general and you’ve to wait, but I can’t wait and live without my kids anymore, and I’m confused between expedition or not. please tell me what do you think??
You can try to expedite for this reason, especially if your children are living in an unsafe situation. We have had some success with that. I wrote about expediting on March 30, 2017 – maybe that article would help. Also, if you are suffering any health problems due to the long wait (depression, anxiety, something else), you can try to expedite for that reason too. It seems to me that it is worth a try. If they refuse to expedite, there is no penalty to the case and you are in the same place you are now. Good luck, Jason
I also applied in Feb of 2015 and had my interview about a year ago. So I think you might be close to getting an interview scheduled.
P.S.
Forgot to mention, in Chicago office too.
Was it easy in chicago? For how long was the interview? Hopefully i get it soon it’s been 5 years
Hi , my application was also pending from 2015 I just got interviewed in June. I think they have started working on old cases . The staff is super nice . I don’t know how will be my decision but as u know it varies on case by case. But in general the staff is there to listen you and respectful. Hope you get an idea.
Thanks
I did a blog post on February 5, 2020 with some data about grant rates at the different office – maybe that would help. In my experience, the Chicago office is pretty good. You can try to expedite the case – I did a post about that on March 30, 2017. The offices just reopened, and so you can try to expedite and see what happens. Good luck, Jason
Dear Jason,
My question is about impact of COvID and lockdown on applications process, we have submitted I-730 on 24 January 2020, according to USCIS site the timeframe is 11-14 months. Do you think lockdown and pandemic effected the processing times? When we should expect our approval and interview in Consulate?
All my best,
Mano
I do not know, and worse is potentially coming, as USCIS is running out of funds, and it seems likely that they will lay off most of their work force. If this happens, it will presumably slow things down even further. Unfortunately, there are a lot of unknowns. Take care, Jason
Hey jason
I have a question please is it necessary to have a documented evidences to win the asylum or sometimes when you just explain for them your story and show some evidences like torture signs on your body could be enough ? Cause i heard an attorney before said documents sometimes ain’t that important to win the asylum case!
The law requires that you provide documents to support your claim, and if you do not submit documents, you need to explain why not. I did a blog post that might help on this point on April 18, 2018. It is easy to lose a case if you fail to submit evidence when the asylum officer or judge thinks you should have gotten the evidence. For scars, you can submit a photo of the scar and – if possible – a letter from a doctor who can examine it and support your claim about how you got the scar. You have to submit this type of evidence, as they may refuse to allow you to show them the scar at the interview. Take care, Jason
Hi Jason thank you for your help and God will give you more and more and long life .i have a question to ask.my wife was beating in my home country by the military and she was saved by people because the want to know where I went but she never told them.i submitted the photo and evidence the day of my interview in Chicago but after 6 months they sent me ton court interview in my state .and this is for the next year on March.can I request to do my MCH before the date because of my wife situation?if so what can I do for that ?please help me .
First, you should get evidence about what happened to your wife to add to your case. Second, you can try to expedite your court case – I did a post on April 20, 2017 about that. Maybe it will help. Good luck, Jason
I got every evidence of my wife injuries and I submitted to my interview in Chicago but they sent my case to court .now our court is still close until January 2021 .my attorney said he can’t do nothing for that to wait for the open court .but my wife situation is not good
You can try to expedite a court case, though that is not easy – I wrote about that on April 20, 2017. Take care, Jason
Hi Jason, the president continues to issue travel restriction proclamations. The most recent one was last week. It is called “Proclamation on Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting Novel Coronavirus”. It mainly suspends entry for people from Brazil. One things I saw in those proclamations, is that there are often exceptions like US citizens, lawful permanent residents of the United States and any alien who is the spouse of a U.S. citizen or lawful permanent resident. The problem is that there is no exception for people like me who poses a Refugee Travel Document and Advance paroles. What is our situation as holders of U.S Refugee Travel Documents. I looked at the details and could not find any exceptions for us. Can you please give some more details Jason about if we have the right to return to the U.S like U.S citizens and green card holders and why there is no exception in those proclamations for us.
Unfortunately, I do not see any clear answer to this question. The proclamation does not specifically list asylees or refugees as an exception to the ban. It does, however, indicate that the ban does not limit the right of people to seek asylum. Several prior bans made more explicit exceptions for asylees and refugees, and so I would be very cautious about traveling to a banned country if you are an asylee of refugee. My guess is that they will let you return, but since it is not clear, you might want to avoid any such travel until the situation becomes more clear. My sense is that the failure to mention asylees is not an oversight. It is part of a systematic effort to harm asylees; in this case, by not providing clear guidance. Maybe the airline could give you a better idea about it, or the US embassy in Brazil (if they are open). If I see any info about this, I will try to post something here. Take care, Jason
Hi Jason, would receiving unemployment insurance due to COVID-19 affect I-485 application? I applied for LPR based on asylum several months ago and I was wondering if it would affect my case.
It would have no effect – asylees are not subject to the public charge rule, and in any case, unemployment insurance does not impact the public charge analysis, so there should be no effect. Take care, Jason
Hey jason
I recently found out that i have a dangerous health problem And i sent letter to Chicago asylum office around mid of march asking them to get my interview asap cause i need to fix my situation as i have a pending asylum case since February 2015 and didn’t get interviewed yet but I didn’t get any response yet from them so is it means they didn’t get convinced with the letter i sent them and i also sent them a letter from my doctor describing my health issue!!!
Do you have any idea if chicago asylum office started to interview the 2014-2015 applicants in general or not ?
Do u think having a dangerous health problem and a letter from my doctor that i have to take pills daily for my lifetime and have to go to 3 appointments A year could that help me in my asylum case as in my home country egypt I won’t have that kind of treatment or they don’t consider that stuff in their minds?
The asylum office was closed from mid-March until last week, and so if you were trying to expedite, they could not do that. Now, they are reopen, but it is unclear how many interviews they will be doing. You can try to expedite again. A good doctor’s note will explain why the asylum case delay is making your health situation worse (maybe due to stress) and how expediting the asylum case would help improve your health. I do not know that now is a good time to expedite given that they just reopened, but you can try. Whether your health issue would help you win the asylum case, I do not know. In some cases – for example if you face being jailed in Egypt – you might explain that jail will be very dangerous for you because of your health. We had a case like that once for a person from Turkey, and we used his health problem to expedite the case and to show that people with his health problem were more likely to die in jail. He got the case expedited and was granted asylum, so maybe that would be possible for you too. Take care, Jason
Hello Jason,
Could house bought help to get asylum approved?
Thank you!
Buying a house should have no effect on an asylum case. Take care, Jason
Hello Jason, I am an asylee. I have two names. My legal name and my preferred name. Normally I use my legal name for the very formal things like USCIS and tax applications. I have however often used my preferred when I completed applications for credit cards, for state medical assistance and other things. When I use my preferred name, I use it with my social security number (SSN).
My fear is that when I apply for green card and USCIS run my social security number on their databases, they will find that I used two names my legal name and my preferred name in association with the same SSN. Like for instance I received State Medical Aid under my preferred name.
I do always declare my preferred name in all USCIS applications under the section: “other names”.
Do you anticipate any problems? and if you do however can I address them
As long as you have revealed both names, I do not see why you should have a problem. Take care, Jason
Hi Jason ,
I am from India and applied for Defensive ASYLUM at Hartford , CT court in Jan 2017 and hearing was done on Nov 21 st , 2019 . The Judge was denied the Asylum then I applied for BIA within 30 days .
My 1 st question is Can I applied for EAD at this moment after rejecting in 2017 before Judgement ?
If Yes , is there any chance to get approval ?
2nd Qn : Can I get PASSPORT back for Driving licence while I am staying in CT ? in CT I will get Driver ID for illegal Aliens.
Is it possible to get back my passport anyway in removal proceedings ? Is there any chance to get Driver ID in any other state without original Passport . Please let me know .
Thanks in Advance .
Vishal J
1 – Yes. As long as the case is pending before the BIA, you are eligible for the EAD the same as when you were with the judge. 2 – If the court or DHS (the prosecutor) has your passport, I doubt you can get it back. You should talk to the DMV. I do not know the rules in CT, but most places, if you have an EAD and proof of residency, that is enough for a license. If they say no, ask to talk to a supervisor. Take care, Jason
Sir Jason, if people with asylee status participate in peaceful protests and they encounter the police or the police arrest them what happen? do they lose their status just because they participated in peaceful protesting or they do give them green card later when they apply for it?
As long as you are not doing anything illegal (or are not falsely charged with something illegal), there would be no effect. You are allowed to protest. I do recommend you keep copies of your asylum receipt and your EAD card with you, as some of the police are actually ICE agents (at least in some cities) and so you should be able to prove your lawful status here if you are questioned. Take care, Jason
Dear Mr.Jason
I am an Ethiopian asylee here in U.S.A. Are asylee statuses from Ethiopia being canceled at the moment? Is it wise applying for an adjustment of status if you are an Ethiopian asylee?
I have not heard about any people with asylum losing their status due to improved country conditions. It is more difficult to win a case from Ethiopia, but it depends on the case, as problems still remain in that country. I do not think there is any danger in applying for the GC, at least I have not heard about such issues. Take care, Jason
Hi Jason thank you for your reply I sent my i485 early October, 2020 to Nebraska service center and had finger print appointment and received RFE for medical and I sent my medical examination. Today my status got updated to “Case was transferred and a New office has jurisdiction” status. I have not yet got any mail yet. Do you know why this happened?
USCIS often moves cases around depending on workload, so this seems normal to me. Hopefully, it means they are working on your case. Take care, Jason
Hi Jason,
Once becoming a US citizen, after going through the entire asylum process ( asylee – green card – US citizen ), is there any problem if that person travels to his / her home country and stays there for a year or two or more ? would there be any problem upon coming back to the US, at the immigration ?
Thank you.
That is difficult to say. DHS recently created a new denaturalization task force, with the job of identifying people who got citizenship through fraud (or somehow incorrectly) and then taking it away. If you make such a trip, maybe you could be accused of having filed a fake asylum case. Whether that is a real risk, or how much danger it would put you in, I do not know. If country conditions changed and your country is now safe, there should not be an issue with going home. Maybe you want to talk to a lawyer to evaluate the risk before you go. Take care, Jason
Hi Jason,
My mother in law have a heart disease, doctor advised to operate. I have pending asylum case (not interviewed yet). Can I get AP on basis of that medical background? It’s not for my home country. It’s for third country. And is it safe to go? ( regarding re-entry to usa)
You can try – I wrote about AP on September 11, 2017. If you have valid AP, you should be able to return to the US (assuming there are flights). Some people had a problem when flights were canceled and they could not return before the AP expired. I do not know what will happen in those cases, but you should keep that in mind and pay attention to what is happening while you are abroad. Take care, Jason
Hi jason. I have pending asylum case. If I get unemployment benefit than I take interview for employment based green card. Is there any effect? My employment based green card interview will be scheduled as soon at 3rd counrty.
Unemployment insurance itself should not effect the public charge analysis, but the fact that you were unemployed might. I would talk to a lawyer who does this type of immigration to determine what – if anything – you need to do. Take care, Jason
Actually this question is for dependent not for principle applicant. My job is current and still working . My wife lost her job. Is there any effect for her?
For the asylum, there is no effect. If she is seeking a green card some other way, there is still probably no effect, but I am not sure – she should talk to a lawyer about the specifics of her case to be sure. Presumably, you would have a lawyer for the case, and you should tell the lawyer about her unemployment and ask whether there is any effect. Take care, Jason
Please Jason tell them never go directly to their home country .they can get down in the near country of their country and go by another way by car.the officer here in USA must not see your country of fear stamp on you travel documents.my brother do it and they send him back home and tell him he will never come back to USA for 10 years because he made fraud to lie.he return to our home country but he fear persecution
I highly recommend that people do not go back, but sometimes, they have to make that choice and take the risk. Your brother should have been entitled to due process and not summarily rejected. Also, I have had clients go back without any problems (other than being questioned about it). That said, the best approach for asylees by far is to not go to the home country. Take care, Jason
Hi
I have one question please
I’m trying to file form i765 and on the top it says this form expires on 5/31/2020
What should I do?thanks
The form at http://www.uscis.gov should be valid. If you look at the I-765 webpage (before you click the link to the form), there is a link to “editions” or something like that. It tells you what editions or versions of the form are acceptable. Take care, Jason
Hi Jason, my husband and I are on a pending asylum case and we wanted to renew our ead but when I go to download the form I-765 , there’s this date on the upper right corner of the form that says expires 05-31-2020 just below the OMB no. Do I have to wait for the new form or new edition or I can still fill up this one and apply my Ead?
The form at http://www.uscis.gov should be valid. If you look at the I-765 webpage (before you click the link to the form), there is a link to “editions” or something like that. It tells you what editions or versions of the form are acceptable. Take care, Jason
Hi Jason
If I got gc after granted asylum. Could I visit my home country? Or on that basis US can withdraw my gc?
I have had clients do that, and no one has yet had a major problem (some have been questioned about it). These days, as things get more nasty at USCIS, it is possible that they would make an issue about it. They could try to claim that the original asylum application was a fraud. If you do go, make sure you are prepared to explain why you went and how you stayed safe, and maybe keep the trip as short as possible. Take care, Jason