Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Murray Osorio, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
Jason@MurrayOsorio.com
(202) 328-1353
Hi Jason;
I have a pending asylum case!
My EAD will expire on December this year.
How early can I start the application for an EAD renewal?…. Can I start the process now?
Thanks a lot
.
You can apply for EAD renewal 180 days before your old card expires.
You can file the I-765 up to 180 days before the old card expires. Take care, Jason
Hi Jason…
Jason I have a question… I looked up on a work permit application requirements from the website of Uscis. And it still shows that need to wait 150 days to apply EAD and does not say anything about a new rule…(https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum)
do you know why they still didn’t update with a new rule…
Thanks for now…
The new rule does not go into effect until August 25, and there is a court challenge, so hopefully, it will be delayed. Once the rule is in effect, they will probably update the website. Take care, Jason
Hi Jason…
Jason I have a question… I looked up on a work permit application requirements from the website of Uscis. And it still shows that need to wait 150 days to apply EAD and does not say anything about a new rule…(https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum)
do you know why they still didn’t update with a new rule…
Thanks for now…
Jason, I have approved asylum and my EAD is expiring soon but I did reapply for renewal around 5 months ago. I officially work and not sure what to do.
I know that I can work without an EAD being an asylee and that I also have 180 day extension letter after the current EAD expires but it looks like my employer does not know about those rules much.
With current uscis problems, I dont think that I will be getting an EAD anytime soon.
What are the other ways I can prove that I am eligible to work? I-94?
Thank you.
This website lists the documents that are used to show employment eligibility and it talks about the 180-day exception. It is less clear about asylum status, but I believe the I-94 shows that you are eligible to work: https://www.uscis.gov/i-9-central/120-acceptable-documents-verifying-employment-authorization-and-identity. Take care, Jason
Many thanks Jason.
Hi Jason
I still didn’t receive my Asylum receipt from Newark Asylum office I have filled my case on June , First This year added to that my I94 will be ended August,6 (Next Month) what i shall do in case I didn’t receive the receipt??? I have sent to them a email 2 weeks ago and they did replied that they are working under office capacity due to Pandemic of Covid-19 Thank you
If this is the first time you filed, you should have submitted the case to the appropriate Service Center for where you live, not to the local asylum office. You can check the I-589 instructions about where to file. If you filed at the correct place, you should be ok, as it often takes longer than 2 weeks to get a receipt (we have seen receipts take up to 5 or 6 weeks). Aside from emailing the local office, I am not sure what else you can do, especially given all the closings. Maybe try to call USCIS: 800-375-5283. Maybe they can at least let you know whether the application was received. Take care, Jason
Yes case has been filed to Vermont service center and when I called them from 2 weeks they mentioned that they are working under capacity did you experience delay in the receipt like my case ? Thank you
We have seen delays in getting the receipt, but I have not filed a case in Vermont recently, at least I do not think so. It sounds like you just need to wait a few more weeks. Take care, Jason
Hi Jason,
Hope u doing good. My EAD was expired in June 2020 I did applied for renewal in May and received the recipt. So by when i will get my renewal EAD card? does the new rule apply foe EAD Renewal too ??
Thanks
It took me around 7 months to get my EAD. With the current furlough, it might take much longer now citizenship being the priority for USCIS.
The new rule does not apply and you can renew the EAD normally. The receipt automatically extends the old card by 180 days. How long it takes to get the new EAD, I do not know. Before the pandemic, it was probably taking 4 to 7 months, but now, I am not sure. Take care, Jason
Jason,
For those who apply for asylum before August 25th, will they have to wait for a year to apply for EAD? Who should immediately/as soon as possible apply for asylum before August 25th?
If you have been in the US for more than a year (even if you are in status) and you want to apply for asylum, you should do so before August 25 (the application must be received no later than August 24, 2020). Otherwise, you will never get an EAD while the case is pending. For everyone else, including people who filed in the last few months, they will have to wait a year to apply for an EAD (unless the rule is blocked by a court). And so if your EAD eligibility period is coming soon, you should apply; otherwise, you might be subject to the one-year waiting period. Take care, Jason
Hello.
I applied for an asylum on June 2020. My question is does the new rule about work permit is also affects on me… do I need to wait 365 days to get a work permit…
Thanks for now…
As I read the new rule, you would need to wait 365 days before applying for a work permit. We will have to see how the rule is implemented to be certain, or whether it might (hopefully) be blocked by a court. Take care, Jason
Hi Jason,
I had an asylum case which has been approved at NJ office in Dec 2019. I have moved 8 days ago to another state. My question is about the way to change my address, is it by filling out the AR-11 form or there is a different way because the case has been closed already?
Thank you
You need to fill AR-11 to USCIS each time you move, even with Green Card, until you receives citizenship.
You can file an AR-11 online. Just keep proof that you filed it. It is mostly a formality, since there is no pending case, but until you are a US citizen, you are required to file the change of address form whenever you move. Take care, Jason
Jason, thanks for posting a new article, that is unbelievable that a person can be denied asylum because he/dhe crossed a certain country. Sadly America is losing its leadership in the world.
Hopefully, everyone will be working to get a new Administration soon. Take care, Jason
Jason,
I know you don’t have a certain answer for this question since it’s pretty much a hypothetical one.
Do you think Trump Administration wants more people to apply for asylum before August 25tg so they can deny as much as possible before the election? In other words, do you feel that part of it is trap?
I do not think that. Most people who apply now will probably not be interviewed anytime soon. Although offices have reopened, I have not heard about many people getting interviews yet, and so I think things are still very slow, at best. Take care, Jason
Jason what are the steps for applying a GC?
My asylum was approved and I will be applying for a GC soon.
Is this correct process?
1. Submit I-485
2. Wait for roughly 8-24 months to be scheduled for an interview
3. Once I take my interview (given everything goes smooth) what is the time period applicants usually get their GC?
Many thanks.
Once you have one full year of physical presence, you can apply for the GC. Not everyone gets an interview. In terms of wait times, it is not so predictable, but at least for the cases I have seen, the large majority are approved in less than 24 months. Whether this will remain the case going forward, and given all the issues at USCIS, I do not know. Hopefully, they will get their act together. Take care, Jason
Jason, thank you for your response, you mentioned that not everyone gets an interview, does it mean that once you apply for a GC you will just receive it without even taking an interview?
Maybe – I have seen it happen to a number of asylees. Take care, Jason
Hello. First of all thanks so much…
I have question. I applied for an asylum and my visa has been expired… does my previous workplace can be a sponsor for me to get the green card… my asylum case is pending and looks like its going to take too long…
It is unlikely, but not impossible – I did blog posts about this on August 28, 2018 and September 6, 2018. Maybe those would help. Take care, Jason
Hi Jason, I came to the US on a student visa, used Medicaid when I got pregnant. My husband is applying for citizenship soon. Will I be able to claim GC on my hisband’s citizenship? Will Public Charge Rule be applied to me? Thank you.
If you are still “in status” on the F-1, and your husband has a green card, he should be able to file for you now. If you are no longer in F-1 status, your husband can file for your GC once he is a citizen. Either way, you are subject to the public charge rules (see form I-944, available at http://www.uscis.gov) and so the Medicaid may be a factor. Take a look at that form, and maybe talk to a lawyer to know for sure. Take care, Jason
Hi Jason
If you are an asylee and you have applied for a green card and your case has recently been moved to a local office for interview, is that common? Should I be worried? And if how long does it take to get the actual interview? If i were to move to a new city within the same state, will the case again be transfered to that city’s field office? I cant thank you enough for all your support.
At some point, USCIS announced they would interview all GC applicants, including principal asylees. That never happened, but they do sometimes interview principal asylees, so I do not think the notice is anything to worry about. In terms of the time frame, I have no idea – we have seen such cases take anywhere from 6 months to over 2 years, and these days USCIS is particularly a mess. If you have an interview, it should take place in the field office closest to where you live. Take care, Jason
Hello Jason,
A friend’s EAD card expired on 05/04/2020. He used the latest I-765 form off the USCIS website to submit a renewal. The form says ‘Expires on 05/31/2020’ in the top right-hand corner. (If I look at the USCIS website today (07/03/2020), it is exactly the same form (https://www.uscis.gov/i-765)!)
He mailed it to USCIS on 06/10/2020. He has now received a Rejection Notice from USCIS that says ‘The application/petition was filed on an outdated version of this form. Please resubmit your application/petition on the current version of this form with the appropriate fees to the address listed on the bottom of this page.’
What do you suggest be done in this situation?!
Thank you for your time.
This is a huge pain – and the error is USCIS’s. I guess you can resubmit the form with the rejection notice and a cover letter indicating that this is the latest version of the form. You can also include a screen shot of the http://www.uscis.gov web page for the I-765. If you look under “Edition Date”, you will see that it says the current form is valid. Maybe highlight that with a highlighter or circle it so they can see it. Unfortunately, higher-ups at USCIS seem to have issued directives to try to reject and deny as many applications as possible, based on whatever technical excuse they can find, and the line workers are often poorly trained (to put it politely), and so these types of mistakes sometimes happen. Take care, Jason
Jason,
Under the new proposal, if someone applies for asylum before August 25 (after 1+ year from arrival and haven’t filed taxes it’s not haven’t paid taxes, I believe there’s a difference) what the consequences be? What is the benefit of applying before August 25? Also, would USCIS/Immegration know if someone worked illegally (without authorization)?
The August 25 deadline is related only to EADs. I wrote about that issue earlier this week. The tax issue is related to the asylum application – I wrote about that last week. If you have been in the US for more than one year and you want to apply for asylum, you should do that before August 25. Otherwise, you likely will not get an EAD while you wait for your case (even if you meet an exception to the one-year rule and still qualify for asylum). Take care, Jason
Hello Jason,
If the USCIS lays off it’s huge number of employees, how BADLY would this impact the green card processing for people who already have won / been granted asylum in the US and are waiting for their green cards ? For now, I read that the wait time for an asylee for a green card is around 2 years. How worst could it get in it’s processing time ?
Thank you.
It’s difficult to say. Wait times have been very unpredictable recently, and so I guess it would depend on how long the furlough lasts. My suspicion is that the Trump Administration wants to kill USCIS. It is using the pandemic as an excuse for all sorts of immigration restrictions, and this is one more front in that war. If the furlough lasts a long time, I would expect an impact. If it lasts a relatively short time, it will be just one more drop in the bucket of USCIS delay. Take care, Jason
Hi Jason ,
God bless your amazing work I still haven’t received my asylum receipt yet and my attorney have filed the case on June First at NJ Asylum office so i send him email to check why that delay he answered me that he needs my visa to follow up and check with the Asylum office I just want to know what he will do with the visa in terms of follow up ??? Thank you
It is a strange answer. Why didn’t he make a copy of your passport and visa when he filed the case? Did he file it certified mail, so there is proof of delivery? If USCIS received it, you are probably ok – there are delays in getting receipts, and so one or two months is not that surprising these days. Anyway, I do not know why he would need your visa. Take care, Jason
Hello Jason
Yes he send to me the delivery receipt by certified mail… so what I don’t know is that why he will need the visa when he follow up with the USCIS ? Thank you
Maybe he did not submit that page. It is not required, but normally he would want to see it as it contains info that is used on the I-589. Take care, Jason
Hi Jason, My current EAD expires in October, and i want to apply for a renewal since its about 180 days to the expiration. My court hearing was moved to april 2023. Now with the new law, would i be able to apply for an extension of EAD, I have also been looking for the form online and the forms i found are all expired as of 5/31/2020 Pls
Even if/when the new EAD rule goes into effect, you can continue renewing your EAD as before. However, you cannot renew any earlier than 180 days before the old card expires. If you send it early, USCIS may reject it or deny it. Take care, Jason
Hey Jason, my asylum is approved and I am going to move within the same Asylum Office Jurisdiction.
Based on new regulations will it affect getting an EAD?
The new EAD rules only apply to people with pending asylum, so there is no effect. Take care, Jason
God bless you all!
Please share when your case has approved? In these day? Basically I am also waiting for the decision. It’s been 6 months we are waiting for the decision.
Regards to all
Jason, a quick question.
New trump rule states that you cannot apply for asylum if you travelled to a third country. Does it specify on time frame?
My friend applied for asylum and he had travelled to Germany 2 months before coming to the US but it was not on his way to the US.
Please share your thoughts.
The new rule is not very clear on this point (or on many other points). I do think it is a concern for your friend (even if the new rules are not in effect), and so the person should explain why he or she did not seek asylum in Germany. If the new rules are in effect, this will likely be a negative discretionary factor, and so your friend will need to do some work to overcome the issue. Take care, Jason
Hi Jason,
I have volunteered to teach computers in South Africa via volunteer HQ. I am a Cyber Security Engineer and have a pending asylum case. I am applying for advanced parole for my trip. Will I face any problems when coming back?
It’s my first time traveling since I applied for asylum
Hi Jason,
I applied for asylum in 2016. I now work for a company that is contracted to USPTO and have been cleared by the FBI. It’s one of the requirements since I work with sensitive information of the government. I wanted to use my volunteer days which are paid for by the company to do something I love, teaching cyber security in South Africa, so I chose Volunteer HQ. I’m applying for advance parole. Will I get problems when returning?
I wrote about AP on September 11, 2017. If you get it, and travel and return while it is valid, you should not have any trouble. I have never heard of anyone being denied re-entry who had a valid AP document (though obviously keep abreast of Covid-19 travel restrictions). Take care, Jason
Dear Jason,
Can we renew our EAD online? If yes, do u recommend it? Thanks!
Hello Jason
I have a question, both my parents are in the country i was born in. They are both older my father got admitted into hospital today & it doesn’t look good. My passport from that country is expired! And i am still pending asylum since 2015! I am worried & stressed out! I hate my country so much for everything i went through. But to hear my father is bad in hospital makes me want to just be by his side! Even risking myself getting hurt over there. What will happen if i would go and try to come back. I have a expired passport & only a EAD card! Will i have trouble getting back into this country. I have so much anxiety
It is sad to hear that your father is not feeling well. If you leave the country, you will not be admitted with an EAD. It clearly states on EAD that it is not valid for reentry to US. You at least need to get Advanced Parole document to come back.
Sorry I am not an attorney, that is based on my knowledge.
To travel and return to the US, you need Advance Parole. I wrote about that on September 11, 2017. If you go to your home country, it will likely cause your asylum case to be denied. You can try to explain why you went back (you certainly have a valid reason) and how you stayed safe. Maybe if you do that, you can overcome this issue, but it will not be easy. If it is at all possible to meet in a third country, that would be much better for you. Take care, Jason
HI MEL. I AM SORRY TO HEAR THAT. please let us know how you are gonna travel with expired passport?
I think you cannot, but I am not sure. The I-765 webpage (www.uscis.gov) should tell you. I have always done it using paper, but I am a bit behind the times. Take care, Jason
Hi jason. God bless your amazing work. I have a question. I filed for asylum in nj and am waiting for my interview and i rented an apartment in nj but i spent few days of the week in newyork. I live there in my friend’s apartment. I have a rare health issue and i want to get insurance in newyork because newyork allows insurance for people without papers unlike nj. My question if i get that benefit from ny and i will provide my ny residence address to get that benefit and i filed for asylum in nj with my nj residence address, will this cause me any future problems with the uscis concerning my asylum case ?????
I suppose it could. Before you worry about this, follow the link at right called Asylum Office Locator and enter the zip code of your NY address – many NY addresses interview in NJ, and so maybe changing your address will not affect your asylum office. If it does cause you to change offices, you will need to decide. The issue is, if you use the NY address for health benefits and the NJ address for your case, the asylum office might consider that you are fraudulently obtaining benefits from NY, and so that could cause them to find you not credible and deny your case. My inclination is that if you want to move to NY to get the benefits, you have to change your address with the asylum office too. I did a post discussing changes of address and whether they are required on June 24, 2015 – maybe that would help. Take care, Jason
Here’s my comment:
Dear Sir/ma’am:
When your president and US state department make some decisions to support/start a war in some country, then due to that war people flee thier country for obvious and legit reasons, now, have you thought where all those people would go? Have you made plans for them before being a part of the reason why they left thier country?
When you send a human being to a country that they escaped to save their lives, have you thought what if they were right? Have you thought about what if they die because of your decision?
Immigration is part of our world and life since this earth has been created. The movement of people traveling and immigrating from county is natural, normal, positively affective, growling and makes our world a better place. The opposite of that is isolation, closeness, rejecting other races and international travelers/immigrants, all that is wrong and won’t make any country great. Immigrants built civilizations and countries. Immigrants make our world a better place, instead of suppressing them, you should embrace them, welcome them and give them the chance. Because if you don’t, someone else would and someone else would be way greater than you.
There should a be legit program to welcome and organize the process of immegration and immegrants, we don’t want a program that arrests and deports good immegrants.
The last proposal by Trump’s administration is awful, brutal and evil. This proposal will negativity affect the US economy and will make lots of good American citizens lose thier jobs.
Thank you for sharing this. Take care, Jason
Jason,
What is the new “habeas corpus” rule now? Does it mean that who inters the US illegally doesn’t have the right for asylum anymore?
And with the new Supreme Court rule, does it mean that a regular immigration officer who received an asylum case can deny it and the asylum seeker won’t have the right to see a judge?
The recent Supreme Court decision only affects people in expedited removal proceedings (meaning you were caught by ICE at the border, airport, or in the US within 2 years of arriving here, and that you requested asylum). The decision says that if such people are denied during the expedited process, they are not entitled to review by a federal court. It is a bad ruling, but will not directly affect most asylum seekers, since they are not in expedited removal proceedings. Asylum seekers not in expedited removal would still see a judge, appeal to the BIA, and go to federal court (on a Petition for Review) as before. They are not affected by this decision. Take care, Jason
Hi jason. According to new trump executive order. Did all new green card ( EB1 EB2 EB3 FB) stop for consular processing?
I did not have a chance to look at the specifics of the GC ban, sorry, so I don’t know. Take care, Jason
Hi Jason I read that Trump administration was allowed to deport asylum seekers without possibility to expedite their case to court .this new law is against the person who has court interview soon ?because the change the law every day
Supposedly, there have been 48 changes since the pandemic began, which is crazy, but shows that they are using it to attack immigrants. In this question, I think you are referring to the recent Supreme Court decision, which only affects people in expedited removal proceedings (meaning you were caught by ICE at the border, airport, or in the US within 2 years of arriving here, and that you requested asylum). The decision says that if such people are denied during the expedited process, they are not entitled to review by a federal court. It is a bad ruling, but will not directly affect most asylum seekers, since they are not in expedited removal proceedings. Take care, Jason
Thanks Jason .i was confused by this decision.one more thing,if trump doesn’t win the presidential election in November ,they will change all of his rule ?because trump change everything and they affected many asylum seekers .and they could open every consular too?
You never know whether things will change or not, but given that these rules are so bad, I think it is likely that many of them will be rolled back if a Democrat takes the White House. Take care, Jason
This is my comment on regulations.gov today, Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review.
“Dear Sir,
1–> You are trying to extend the time period from the point the Asylum seekers applies for Asylum and and can obtain an EAD from 6 months to 1 year. How is an Asylee going to eat, live and survive during that 1 year period without any source of income. It seems clear that you want to forcefully drive the Asylum seekers to work illegally during that 1 year time period and then deny their asylum cases based on this pretext. This is a very shameful tactic. Where is law and justice in this. You are first practically forcing asylum seekers to work illegally to survive during first year before they can apply for EAD and then persecuting and oppressing them for trying to remain alive and survive. Keep in mind these shameful tactics have been carried out by other oppressive and fascist regimes. Should the Asylum seekers eat grass and stones to remain alive if they can’t work during their first year of arrival in USA. Where is the relief that the Asylum law promises. What is your solution in this case. What do you suggests Asylum seeker’s do in that first year if they can not work. How should they pay rent, bills, medical and other expenses.
2–> Under these new rules if an Asylum seeker failed to file tax return even for an year then his Asylum case will be denied. People will be tortured persecuted and put to death if they are deported back to their home countries. Do your taxes and tax returns matter to you more than Asylum seeker’s lives. Asylum seekers have fled their countries to save their lives and mostly left their belongings, savings and assets back home which have been mostly seized by their home countries and other oppressing groups. Asylum seekers should be given the right to work, and live their lives so that they can survive starting the first month that they file their asylum cases. In any case denying an Asylum case just because of a failure to file tax returns even just for an year is highly oppressive, unlawful and unjust. Why can’t you see the injustice in this. Have you deliberately closed your eyes to the suffering and misery of Asylum seekers. There is no precedence in Asylum or refugee law for this draconian rule.
3–> Asylum seekers who failed to seek Asylum in a third country that they transited through will have their Asylum cases denied. Again for GOD’s sake stop ridiculing the Asylum law. The Asylum law does not exist so that you can make mockery out of it and use it to impose further impose cruelty and ruthlessness on Asylum seekers. Asylum is supposed to provide relief and respite to the most vulnerable and persecuted people who have faced torture, persecution and barbarity at the hands of their home governments and other groups. Many Asylum seekers have to pass through neighboring countries who are close religious and political allies of their home countries before they arrive in the U.S. If the Asylum seekers sought asylum in these neighboring countries they would have been persecuted, tortured to death or deported back to their home countries to face the same fate. Most of the middle eastern and gulf countries and many other countries that the asylees pass through have dictatorial and barbaric governmental regimes and these countries are not part to the 1951 UNHCR convention on Refugees and Asylees neither to the 1961 extensions to the refugee law. How can you deny a person’s asylum case if he had but no other option but to pass through a neighboring country which would have persecuted him in the same manner as his home country.
4–>Under these new rules you intend to give discretionary powers to Asylum officers and judges so that they can deny asylum cases without even a fair trial or due proceedings in court. Have you lost your mind. Would you also accept if we gave these discretionary powers to all judges like criminal and civil case judges also so that civil and criminal cases in America should be based on discretionary powers of judges as well instead of due process. This is utter lawlessness and humiliation of Law and order. Have you completely lost your minds? The law exists so that individuals like asylum officers and judges do not adjudicate Asylum cases based on their personal prejudices and/or personal opinions or their personal mood on a particular day. Do you even have an ounce of respect for Asylum law. The congress did not pass Asylum law so that the current administration can make a joke out of it and completely sideline it to persecute asylum seeker’s. For GOD’s sake, This is America, America is a shining beacon of light of LAW, order and democracy for the rest of the world. Don’t make the laws of this country an absolute joke. Giving an Asylum officer or judge the discretion to deny an asylum case before even having a fair trial is absolute injustice. Every Asylum seeker by definition of Asylum law has the right to defend his asylum case and has the right to present evidence, testimony and records to support his case and seek asylum.”
Thank you for making this comment and for sharing it. You make some powerful points. Take care, Jason
It is a pity to read that USCIS is going to furlough nearly 70% of its employees. This means slower EADs, GCs and Passports processing.
I got my last EAD in 6 months, this time it might take 3 times more time which is 18 months.
Jason, do you need to have health insurance in order to apply or get your asylum approved?
No – health insurance is part of the public charge analysis for a GC, but that does not apply to asylum seekers or to asylees who apply for a GC based on asylum approved. Take care, Jason
Hello Jason,
I received few bus citation by inspectors in the past because I did not present a valid pass. They are issued by the transportation agency. They never become criminal as I was told by the agency and because I did not pay them, they were sent to collections. These 3 citations did not have any impact on my asylum decision, I got approval last year. Would they become problematic for green card application or naturalization? I was told that the worst they go to collection and affect credit score but not information about other things.
Unless there is a criminal issue, I do not think these would present any issue for a GC or citizenship case. Take care, Jason
I have about to same question . If Someone return to US with advance parole , become eligible to adjust status in US under employment based approved petition?
As far as I know, they do not. If someone entered illegally and then left and returned with AP, they could become eligible to adjust status based on marriage to a US citizen, for example, but not based on an employment petition. There may be exceptions, but they would be rare – talk to a lawyer about the specifics to be sure. Take care, Jason
Enter with B2 visa and locally. So any advantage for employment based aos
Most likely, you can only file to adjust status if you are still in B-2 status. There are rare exceptions to the rule, so you may want to talk to a lawyer about specifics, but be careful about what a lawyer promises to do, and if you hire a lawyer, have the lawyer wrote down the plan to get you a GC – step by step, from where you are now, to having the GC in your hand. Getting this in writing will help protect you from getting scammed. Take care, Jason
Hi jason. I have a different question. I have pending asylum case and advance parole. For example. When i go to outside the US to 3rd country and reenter US. After reentry .
Q1: Does it consider new 6 month lawful presence? My B2 visa is current.
Q2: will i get new I-94 record with last entry date?
Q3:with already approved I-140 , can i adjust my status in US for employment based green card.
Q4: any exception for asylum pending to adjust status in US based on employment green card
1 – If you leave and return using AP, as far as I know, there is affect on your previous period of unlawful presence. You are admitted to the US based on humanitarian parole, and not based on a visa. 2 – This, I don’t remember, sorry. 3 – It depends on your situation. I did a post about this issue on August 28, 2018. 4 – Maybe. I discuss it in that blog post. Take care, Jason
Hi Jason, do you know immigration attorneys who were immigration officers or asylum officers? I have some very technical questions and I am trying to consult with an attorney who worked as immigration/asylum officers in the past. I am not saying that other attorneys are bad but sometimes the best person to advice is the one who have done the job before. Thank you for the advice Jason.
Sorry, I can’t think of anyone. You might try some of the non-profits, as they sometimes have large numbers of lawyers and they may know someone who worked at the asylum office. Take care, Jason
Hello Jason, I am an asylee granted asylum last year and I am applying for green card soon. I heard some speculations that USCIS might reopen the case when you apply for green card based on asylum and try to re-examine the case and determine if the person still qualifies. In my case, not much has changed in my home country. It is still not safe and the conflict is still ongoing and armed groups associated with the gov who were hunting me are still powerful.
But is this true that USCIS might re-interview me and re-examine my case after all this time and interviews at the asylum office before my case is granted? How often does it happen? Also it sounds like too much work for USCIS to be re-examining cases that were already granted in addition to all the work they have
I agree that it is too much work, and I think it would only happen if USCIS suspects fraud. There was some worry for people from Ethiopia, as country conditions improved (at least superficially), but I never heard about anyone losing status as a result. Take care, Jason
Hi Jason,
I would like to ask you about what are the forms I need to fill out to sponsor my mother for the green card?
given that I am US Citizen, my mother has a pending I 130 form, and she is currently in the States.
Thanks
I cannot say for sure, as it depends on the case, but for a “normal” case, the forms include the I-130, I-485, I-864, I-944; also most people want forms I-765 and I-131. Talk to a lawyer to be certain, as some people are not eligible, and others need additional forms. Take care, Jason
Dear Jason,
I have a question regarding Trupm’s new visa ban of that includes H4 visas for spouses and families of asylees ?? Does the ban include blocking 1-730 as well?
Best,
Mariam
As far as I know, it does not apply to I-730 beneficiaries. Take care, Jason
Asylees
No period of time in which an alien has a bona fide application for asylum pending under section 1158 of this title shall be taken into account in determining the period of unlawful presence in the United States under clause (i) unless the alien during such period was employed without authorization in the United States.
I copy and paste this paragraph from government website under INA 212(a)(9)(B)(iii)(II).
Does that mean an asylum pending can adjust status in US with employment based or family based green card?
Usually, they cannot because to adjust status, you have to be in lawful status here and a pending asylum case does not count. An exception is if you marry a US citizen or are otherwise an “immediate relative” of a US citizen. I wrote a post about this issue on August 28, 2018, and that may help. Take care, Jason
Hi Jason,
Hope everything is good with you amid pandemic.
So, these is a final rule released for asylum applicants: https://s3.amazonaws.com/public-inspection.federalregister.gov/2020-13544.pdf.
For this paragraph: “Therefore, this final rule makes conforming amendments at 8 CFR 274a.13(d)(3), to
specify that automatic extensions will automatically terminate upon a denial of the asylum
application, or on the date the automatic extension expires (which is up to 180 days), whichever
is earlier.”
Right now, after work authorization card expires, asylum applicants can apply for renewing EAD without limitation if their cases are pending. However, does this new rule mean if our work authorization card expired, the USCIS would only renew the work authorization card once for 180 days and would not allow to renew it again after that 180 days even if our cases are still pending?
Do I understand this part of new rule correctly?
And what you and your attorney fellows think about this new rule?
Thanks in advance,
Edith
It is a horrible rule, but as I read it, you can renew EADs as many times as needed, including during a court case and the BIA, but the maximum time you get on each renewal is 2 years. I have not looked at it too closely yet, but that is my initial impression. Take care, Jason
Hi. Can an asylum pending applicant apply for TPS and travel abroad?( also have AP)
If you are eligible for TPS, you may be able to do that. In most cases, if you do not yet have TPS, you cannot apply now, but it varies by country. USCIS has a TPS web page for each country that has TPS. Take care, Jason
Hey jason please can you tell me what’s the website to translate documents that i will need in my interview i have it in arabic and wanna translate it in English but i need a website that the USCIS approves it !
Thanks in advance
Here is the page
https://immitranslate.com
There is no website. I did a posting on August 24, 2017 where I talk about translations and provide a link to an official certificate of translation. Maybe that would help. Take care, Jason
Hi Jason. I have to renew my son (5 years old) PASSPORT . My asylum application is pending and based on political and religional . If i go to embassy in US and did it. How it will effect my asylum application or employment based green card application??
No worries – that is what I thought and I answered below. Take care, Jason
Greeting Jason ,
Thank you for usual continuous support. Today I have came across one bad news regarding a new draft immigration Proclamation which will be effective immediately (June 24/20). I have few question about this new law as follows.:-
1) Is this proclamation only going to be endorsed by the president or endorsed by law makers ( congress/ senate ) ?
2) The other issue is it going to be applied on asylee immediate family (spouse & children >21) reunion (I-730)
3) If it applies on asylee immediate family , do not you think this Is a crime against humanity which contradicts with the international convention In Protection of refugee and asylee ?
Thank you
This rule is published, but has not yet gone into effect. 1 – It is a regulations by the President and not a new law, which requires Congress. 2 – As far as I can tell, I-730 beneficiaries are not affected. 3 – I think the rule arguably violates are obligations under the Refugee Protocol, but it may also violate US law. The courts will decide. Take care, Jason
Jason, this is an excerpt from Forbes news, how can trump bar GC holders from entering the country?
The new restrictions are expected to prevent about 525,000 workers from entering the country between now and the end of the year, including 170,000 Green Card holders who have been barred from coming to the US since April.
https://www.forbes.com/sites/siladityaray/2020/06/22/trump-to-sign-executive-order-temporarily-suspending-h-1b-and-other-work-visas/amp/
This refers to new GC holders, not people who already have a GC. The President has a lot of power over immigration, and the law is written in such a way as to give him a lot of discretion. He has to meet certain minimum standards (as he failed to do a few times with the Muslim ban and more recently DACA), but generally, it has the authority to block many people from coming here. I did a post on April 21, 2020 where I reference the sections of the law that gives him authority here. Take care, Jason
Hi Jason. I have to renew my son (5 years old) . My asylum application is pending and based on political and religional . If i go to embassy in US and did it. How it will effect my asylum application or employment based green card application??
Renew your son’s passport? It could have a negative effect on your case, especially if you fear persecution by your government. You should be prepared to explain why you renewed and why the embassy was willing to renew the passport. If you fear terrorists in your country, renewing the passport should not be an issue. Take care, Jason
Hi Jason
Whatever new rule you guys are talking about is just yet a proposal right?
I don’t know why everyone is talking about it like it’s already in place?and might even be challenged in court of law? Because as far as I know, Congress changes such a laws not executive orders, right?
Congress makes the law, but the executive has wide latitude to interpret the law, particularly in the area of immigration. This is currently a proposal, but we should all work to try to prevent it from becoming the rule, as it will be quite harmful. Take care, Jason
If you don’t understand why every body is concerned about these new proposals then just wait 30/40 days when they go into effect and hopefully you will find out why. They will go into affect within 30 days I think. By the time some of these proposals are challenged in court they will already would have affected cases of many Asylees, Congress does pass laws but executive orders by trump can change their implementation/interpretation in any way that the Trump admin wants so yes it is a serious issue for Asylees to be somewhat concerned about….
Hopefully, the rules will be blocked from implementation before they go into effect. We shall see. Take care, Jason
Hi Jason, I was wondering how the new proposed regulation would affect people who have applied for LPR-I-485 adjustment status and are waiting on their Green card? P.s I applied at the Texas Service Center.
….To add to my info, i also applied for asylum in less than a year after arriving to the US via f-1 visa.
There is no indication that the proposed rules will be applied to people who already have asylum, so unless that happens, they will have no effect on you. Take care, Jason
The proposed regulations do not directly impact the I-485 process, and so probably they will not have an effect. If USCIS furloughs most of its workers, that will likely delay the process. Take care, Jason
Hi Jason ,
I have Filed my Asylum case on June First and still didn’t receive the receipt yet how long does it take for me to receive the receipt shall I contact my Asylum office or give them one more week or so ? Thank you
For a few months, there were long delays in getting the receipts, but things have gotten faster for most applicants, at least that is what we are seeing at the Texas Service Center. However, for a while, receipts were taking 2 to 3 months. I think if your application was received (maybe you filed it by certified mail), you should be fine. I would wait at least one more month, and hopefully you will have the receipt by then (or if they reject it, they will send it back to you with an explanation of the problem, and then you can resend it – I wrote about that on November 20, 2019). Take care, Jason
Is that receipt receive delay also applied to the NJ Asylum office which i filed my case ?
I don’t remember, as I file fewer cases there. I do think there were delays for the Nebraska Service Center (where I think NJ cases are filed), but I have not filed there in the last month or so. Take care, Jason
How we can stay with legal papers for 2 to 6 months ? I believe now Asylum cases overall takes 2 months from filing the case until having your interview is that correct?
Most interviews do not happen quickly. It is possible that you will get an interview in 2 months, but most cases will take months (or years) before the interview. If yo ujust want to stay in the US by a few months, it may be better to just extend your visa using form I-539, available at http://www.uscis.gov. Take care, Jason
Hi Jason,
This not really a question, more of an advice/opinion seeking from you and other Asylees on this platform i guess……….I was preparing for my job interviews last week with a top tech company as i was affected by layoffs due to COVID-19 last month. The whole interview preparation process was quite stressful enough already but to top it off I have been seeing negative news and proposals by Trump admin targeting Asylees every few months.
Last week i had 2 scheduled interviews with 2 top tech companies but when i saw the news about new proposals against asylum I suffered more severe stress and could not concentrate anymore. I was afraid that i could even suffer a heart stroke/attack if i got any more stress. I am a middle aged man in my 30’s.
High stress, PTSD and depression cause severe havoc on a person’s physical and mental health and I have been living with it for last 5 years. I know i am not the only Asylee here with such mental and psychological issues. Anyways I just cancelled my interview because I wanted to relax and take some time off.
Do you think I overreacted, How can a person live their life or do anything when there are so many attacks, negativity and hatred against them?
I think I would be effected in the same way as you describe. It is extremely harmful to people who have already been traumatized. I did a blog post about this problem in January 9, 2018. Also, if you filed for asylum within one year of arrival, there should be no effect on your EAD, and so there is no reason to worry about that. As for the other attacks on asylum, I think each applicant will need to do extra work to try to overcome the new requirements. It will not be easy, but I think you have power to take action and present the strongest case possible. Take care, Jason
hi Jason, I’ve had my interview earlier this week, I expedited my case, and have a work permit valid till 2022. I was interviewed in LA office cause phonix office is still closed. AO told me that I dont have to come back to pick up decsion, and it’ll be mailed. My status says. My decsion is pending, and uscis portion of clock is still running, but it doesn’t count the days, and days remain the same.
Can you help me explaining what is going on ?
It sounds like the case is pending a decision. This might be quick, or could take a long time. It seems to me that since they are not doing so many cases, they can hopefully give you a fast decision, but there is no way to predict. Good luck, Jason
my question is why days are not moving, but the clock is running?
It does not always update the days – maybe if you check back in a few days, it will be updated. Take care, Jason
I am glad to know that you had your interview in LA this week. I am also in Phoenix and i applied to LA Asylum office in Feb 2016 and i have not received an interview date yet. May be I should try to expedite as you did. I never tried to expedite but now I am thinking I should.
Hel Allie,
can you please explain how you were able to successfully expedite your case. I have a pending case since may 2017. Thanks
Hello Jason, for an Asylee who was granted asylum and applying for green card, how important the question “Have you ever worked in the United States without authorization” and how consequential this question is. What would happen if you answer “Yes” and what would happen if you say “No”.
Because it is a Yes or No question and there is no place to explain.
You can circle the question and write “see cover letter” and then include a cover letter with an explanation. The main issue is that you do not want USCIS to think you are lying, and so whether the answer is yes or no, you should provide an explanation if needed. Also, your answer should be consistent with any other documents you ever filed, including the I-589. If you have worked without permission, usually USCIS does not care. However, if they decide to give you a hard time about it, you can apply for a waiver (under INA 209(c)), which is pretty easy to get, and so that should solve the problem. One issue is that it is much better to do the waiver now, as it is not possible to get that waiver once you have the GC, and so if they discover a “lie” later on, the consequences are more severe. Talk to a lawyer for help if you are not sure. Take care, Jason
I sent this message to my congressman today.
“Dear Congressman XYZ,
I am a resident of XYZ city, Arizona and I have lived here since 201X. I am an immigrant from XYZ country. I want to request you to kindly take action in Congress to help USCIS in its financial troubles. USCIS is facing budget problems and It has requested the Trump administration for loans in this regard. The Trump administration on the other hand is hell bent on completely downsizing and abolishing USCIS. USCIS plays a very crucial and pivotal role in our nation’s immigration operations. If the Trump administration continues it’s racist, xenophobic and hateful policies towards hard working, highly skilled, tax paying immigrants then this would be the downfall of American economy and industry. America was built by immigrants who sought a new and better life and immigrants continue to fuel this nation’s economy with high skilled labor, new business and tax revenue.
USCIS may not be as efficient in it’s operation as one would hope but it’s operations are very much crucial to our nation as ever before. Please keep in mind American economy and Arizona’s economy are greatly dependent on highly skilled immigrants. There has never been and never will be a shortage of high skilled jobs in America but there will always be a shortage of highly skilled professionals in America because American companies and tech industry grow at an exponential rate and skilled immigrants play an important part in filling this skilled labor gap. USCIS needs sufficient funding to not only maintain it’s existing infrastructure but also expand it considerably. Currently the delays in many Visa/Asylum/immigration categories is just ridiculously long spanning several years. This is just a very inefficient way to operate. This is causing a lot of frustration for thousands of immigrants.
Immigrants can pay high fees for their applications but USCIS can not benefit from such revenue since the Trump administration has been introducing and imposing new harsh and draconian policies every few months targeting almost every immigration category and blocking paths for all immigrants who have been living and working here for decades to settle here legally. In fact the Trump administration has been highly successful for the last 4 years in introducing new policies that have almost halted America’s immigration system and now the Trump administration wants to completely downsize and eliminate USCIS. It has become impossible to comply with these new draconian immigration rules that Trump has introduced in last 4 years and congress has remained helpless in thwarting these policies. Immigrants have been on the receiving end of these hateful policies, thousands of immigrants have their cases pending for decades and no relief or resolution has been provided to them and Trump administration has further worsened these problems.
Please take an example from Canada, instead of further persecuting and hating immigrants, Canada welcomes them wholeheartedly and those immigrants love their new country and put in 100% of their skills and effort towards Canada’s growth. I hope you can look into these issues and rally congress to bring about a substantial change to mitigate these problems and help improve America’s immigration policies and institutions.”
Thank you for writing the letter and for sharing it here. Take care, Jason
No, Thank you Jason for all the great work that you do for Asylees free of cost. You have went above and beyond to help the most vulnerable and desperate and marginalized people in our society. You my friend have good karma on your side. Keep up the great work. Thank you.
BTW this web platform in itself has been a huge help for thousands of people. When i applied for Asylum 5 years ago, I did not have answers to so many question, This ambiguity both scared and terrified me regarding my future and i did not even know how to live my day to day life being scared about the unknown but the common knowledge shared on this platform both by Jason and other Asylum applicants has been a great source of hope and relief for me. Reading other people’s stories and learning that i am not alone in this cluster f##k of an immigration/Asylum system in USA has been helpful enough.
I have paid 4 thousand dollars so far to my immigration attorney, my interview is still pending for 5 years in LA but i have never once received a good or knowledgeable reply from my attorney. May be she’s busy, may be she is not up to date on all the recent developments in immigration policies, may be she just does not care about replying to every client’s every email.
Infact i am very well educated enough and i prepared my complete case myself, gathered all the evidence, prepared all the reports, wrote all the statements. The only thing my lawyer did so far was to just fill out form G-28 and mail the asylum file to USCIS for me.
Thank you. I might mention that if the attorney is not doing her job to your satisfaction, you can change lawyer. And maybe even be entitled to some money back. I wrote about that on April 10, 2019. Take care, Jason
Jason,
It looks like trump is planning to ditch USCIS and immigration system altogether, official WH never responded to their request to borrow 1.2 billion.
I think we (everyone who has resources and were immigrant at some point) should donate to USCIS and help them pay their salaries and get back to normal and this way shame the current administration.
This would help hundreds of thousands of immigrants and their families to faster process their cases and USCIS employees to earn money and bring food home.
I think we can do it, what do you think?
I don’t think there is a way to do that, and USCIS has not even officially asked for the money. If they actually asked, and implemented some responsible policies related to processing cases and transparency, Congress could fund the agency, and they could eventually pay back any loan. This is not what they seem to want – they seem to want to destroy the agency in order to stop immigration into the United States. Congress should intervene to help and to ensure that the laws are being implemented, not subverted. Take care, Jason