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, Im an asylee and going to apply for my green card soon. I think I may have accidentally ran a red light. The traffic light was yellow so I slowed down and almost stopped but it was still yellow so I continued and at that moment it turned to red, but I continued through the intersection. Police were there on the other side of the intersection but didn’t stop me maybe they didn’t notice or it was just fine. My fear is if they have red light cameras, they might send me a fine. Im already fighting a speeding ticket. If they send me a ticket accusing me of running a red light, would that make my green card hard to get or affect my immigration case in any way.
Unless there is a criminal charge (as opposed to a traffic ticket), it would have no effect. Take care, Jason
Hello jason
Thanks again , i just found this in our internet ( USCIS Issues Policy Alert on Procedures for Terminating Asylum Status in Relation to Consideration of an Application for Adjustment of Status
AILA Doc. No. 20082132 | Dated August 21, 2020 | File Size: 809 K
USCIS issued policy guidance in the USCIS Policy Manual to update and clarify the procedures USCIS officers follow when termination of asylum status is considered in relation to adjudicating an asylum-based adjustment of status application. The policy is effective August 21, 2020; comments are due September 22, 2020.
Policy Highlights
Clarifies current termination procedures, including that USCIS may terminate asylum status if USCIS or legacy Immigration and Naturalization Services granted asylum status, and outlines how officers should handle termination cases for aliens residing in the Ninth Circuit.) is that means all asylum they cant apply for GC and they dont have right to stay in US ? Is this new rules? Or its been for long time!!
Thanks sir
As I understand it, this is just a change in the procedure to terminate asylum status. USCIS always had the power to do that in the case of fraud or if the person commits a crime or if country conditions get better. I think now (if the rule goes into effect), they can send the person directly to court, whereas before, they had to interview the person at the Asylum Office first. What they actually plan to do with this, I do not know, but my guess is that it will not have much effect (hopefully). Take care, Jason
Hi Jason, hope you doing well
As I was going through my naturalization form because coming week is my interview I found a very dump mistake I made in the from. It’s ask do you serve in armed forces and I said no. Which is wrong even my naturalization is on the basis of military service. If they asked me why I said no there literally i have no answer on it and I just don’t remember I mark no on it. Any good answer to explain that mistake thanks
I would write a letter indicating that you made a mistake on that question and give them the letter when you arrive at the interview. It is better to tell them about the error than to let them discover it when they review your file. I doubt this will be a problem, but I do think it is better for you to tell them than for them to have to ask you about it. Take care, Jason
Hi Jason
Could you please explain what Fairness Hearing is? It says it is a class action for the 1 year filing dealine for asylees and discusses about a settlement?
NOTICE OF PROPOSED SETTLEMENT AND HEARING IN CLASS ACTION LAWSUIT INVOLVING INDIVIDUALS WHO HAVE FILED, OR WILL BE FILING, AN ASYLUM APPLICATION MORE THAN ONE YEAR AFTER ARRIVING IN THE UNITED STATES.
I am not sure what the context is for this. There are many lawsuits pending to challenge the various new rules promulgated by the Administration. Maybe it refers to a hearing on one of those lawsuits? Take care, Jason
Hi Jason,
The USCIS website shows that the time it takes to process a green card now is from 8 to 31 months, but up until last week, it was showing 7.5 to 23 months ( for asylum based grants ).
My question is : Is this as a result of the upcoming furlough ( which I hope does not happen ) or is it due to their own system policy ?
How long should one wait after submitting a GC application ?
I mean, the timeline compresses and stretches, it was compressing during the past months, but now I see a stretch. which keeps the green card applicant ( asylum based ) in a lost position.
Any suggestions ? advise please ?
The fact is, the system is just not predictable. My sense is that things are slowing down due to the pandemic (though you’d think they would have less work and could do the cases they have more quickly). The bottom line is that we really do not know. If you have a reason, you can try to expedite the GC – I wrote about that on January 29, 2020. Take care, Jason
God bless you Jason!
I am happy to inform you that my case is approved after long 3 and half year wait.
I put request to expidate my case and the whole proceedure. Thanks to God now i got the good news.
My quick questions are,
can i file myself expidite i-730 petition for my family?
Do i need to prove the reasons again for which i requested expidite case?
What if i file the petition without attorny? Does it effect my case?
Please guide
Blessings for you, regards
Congratulations! And thank you for sharing the news. I did a blog post in December 2019 with a link to a helpful I-730 manual. That discusses expediting. Also, I wrote about expediting more generally on January 29, 2020. You can use a lawyer or not, but lawyers do not have any magic ability to expedite, though they can hopefully present strong reasons for doing so. Take care, Jason
Congratulations on your approval. I have a pending case since May 2017. Can you please help with information on how to expedite the interview. If you don’t mind you can send me an email at tat226@uky.edu.
Thanks.
Hi Jason
Thanks for helping us!!
I have applied for asylum in June 2017 (SF office) and the interview was not scheduled.
I have applied AR-11 to transfer my case to the Chicago office in march 2020, I have not received any confirmation mail to my new address.
I am worrying my case has been transferred or not? Can you please help me how could I track my case( i have online confirmation number COA)
Thanks
Risha
If you submitted the AR-11 online and got confirmation, you should be ok, but you can also email Chicago to confirm – you can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason,
For those who passed one year before they applied for asylum, entered the US with a visa, over stayed their visa (four years of over stay), and total time of stay in the US is 10 years now. My question is, will there be a time for a lawyer to put things together for a client with a “probable cause” before the 25th? Especially when the lawyer must submit everything at once and can’t attach documents later on after applying. Would this client really need to apply before the 25th? Because my understanding of they don’t, they will never be able to get work authorization in the future unless they get granted for asylum, correct?
It depends on the lawyer, but it is not necessary to file all the documents now. In our office, we only file the I-589, and copies of the passport and relationship documents for any dependents. We will submit the other documents in the (distant) future, prior to the interview. If the case is not received on the 24th or before (I think the 25th is too late), and if you have been in the US for 1+ years when you file, then you will not get a work permit until (1) you win the case or (2) USCIS adjudicates the one-year bar and determines that you meet an exception, but then you are referred to court. Hopefully, this rule will be blocked by a lawsuit, but we shall see. Take care, Jason
Hey Jason ,am an asylee who applied for green card and now my green card is still pending .last year I applied for a Travel document right after my asylum was granted and I went to meet my wife in a third country .Now I am applying for another one .Is it safe to travel again to meet my wife on a RTD before the green card is approved?.Thank you
There should be no problem, as long as you do not go to the home country and as long as there are no coronavirus travel restrictions canceling flights. Take care, Jason
Thank you so much Jason for the answer ,by the time I came back last year the border patrol agent stamped in my RTD for readmission ,but by then I hadn’t applied for green card yet .will I be readmitted again since my green card is not approved yet ?
As long as the RTD is valid, you should be re-admitted. I have never heard of a person with a valid RTD being denied admission. Take care, Jason
Hi Jason, I have a question. My green card based on asylum just approved and I want to travel outside US. I have valid passport from my home country, do I still need RTD or I can use my current passport
It is best to use the RTD. Using the passport can raise suspicions (why would you use a passport from a government that wants to persecute you?). If you do not fear your home government, but fear non-state actors, this is less of a problem. I have had many clients travel with their passports. and no one has had a serious problem, but it is possible that such travel will cause you trouble, and so if you can get an RTD and use that, that is the safest option. Take care, Jason
Hi Jason,
Thanks for all your help. Do you know if Newark Asylum Office is still running operations? Since June 4th when other asylum offices re-opened, Newark has been closed due to facilities issues. Now they have opened the Manhattan Branch. Does that mean the office in Newark, NJ has not been operating since June 4th?
Thanks
I think they are operating in some capacity, as I think they sent me a decision a few months ago. I do not know whether they are holding interviews. You can email them to ask – you can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
hi Jason,
If my friend apply for asylum next week, what time it takes for interview?
I mean I heard that now as per new system, if you apply now a days, they take interview as soon as possible.
Some percentage of new cases are probably receiving interviews within a few months of filing, but I do not know whether that is 2% or 30%, as there is no data available. My sense is that at least in the offices where I am filing (lately, VA, San Fran, and NJ), few cases are being interviewed. Also, USCIS may be reducing services at the end of August due to budget issues, so that could also affect interviews. If a person does not get an interview within a few months, they are likely to wait several years, but they can try to expedite if they have a reason. In short, the timing of interviews is very unpredictable. Take care, Jason
Dear Jason I have a quick question regarding renewal of driving license for pending asylum cases if some one have don’t have the money for the renewal of EAD how would he or she will renew it or at least for some time till they would be able to pay the fee for EAD.
Any suggestions please.
You can request a fee waiver for the I-765 (the EAD form). It is form I-912, available at http://www.uscis.gov. Otherwise, you would have to check with the state DMV to know if there is any way to get a license if you do not have an EAD. Take care, Jason
From Houston Texas
God bless you!
Please guide how much time it takes to approve I-730 petition for wife and children.
thanks
You can check processing times at http://www.uscis.gov. Once USCIS processes it, it goes to the embassy. Before coronavirus, these cases were taking maybe 1 to 2 years from start to arrival in the US. Now, things are probably slower. I did a post in December 2019 about the I-730, and there is a link to a very helpful manual, which gives you some idea about the time frame, and lots of hints about the process. Take care, Jason
Thank you
Hello Jason,
Hope you are doing great, is there any hope to getting interview soon in Arlington office for the pending asylum cases we applied in Feb 2015.
Thanks have a great day!
It is unclear. They are trying to interview 10 cases per day, but it does not seem to me that they are achieving that modest goal. If they work on backlog cases (which I think they are not, except for cases barred by the one-year asylum bar), I still do not know whether they will go from oldest to newest, as they said, or from newest to oldest. If they work on old cases first, you should be at the front of the line, and if things ever return to normal, you should have a decent chance for an interview. Also, you can try to expedite – I wrote about that on March 30, 2017, but now is not a great time, since they are not operating at full capacity. Take care, Jason
Hi Jason, hope you doing great and thanks for the wonderful job you are doing.We all immigrant community are very thankful to you for creating such a resourceful platform, where we got answer of our legal problem without any cost thanks again .Hope this will be my last question in this platform(inshallah). i got my interview call for my citizenship. my timeline is as i applied in June 2013, got interview in march 2015(Chicago) granted asylum in January 2018 than applied for green card in January 2019, got my green card in June 2019 than join the air force and apply for citizenship in November 2019 and now got call for my interview for citizenship on 25 august. any suggestion and recommendation regarding my citizenship interview????
Double check your I-485 form and I-589 to make sure there are no inconsistencies. One trick question on the I-485 (part 3 question 9, I think) is whether you ever lied to get an immigration benefit or a visa. Some people “lie” to get a visa, admit the lie at the asylum interview, but then fail to note it on the I-485 (usually because that question is very poorly written and confusing). Also, make sure to study and be ready for the test. There is a naturalization guide that you can find if you look at the N-400 page, http://www.uscis.gov, and follow the link. Good luck, Jason
Hi Jason
God bless your amazing work
I have 2 questions the first one when can I expect the biometric appointment can be sent to me from Newark Asylum office ?
The second one is that I have transit in Zurich for 3 hours before come to USA for Asylum does that affect my Asylum what is the best answer i can tell to my officer in just a case he asked me about that ? Thank you
1 – I do not know the schedule for Newark, but a number of my clients have been scheduled for biometrics this month. However, even in the same office, the time frame for the biometrics is not consistent. Before the pandemic, they sent you a notice within a month of filing, but that is no longer the case, at least for cases we have filed in the last several months. 2 – It should not have an effect. There are new proposed rules that, if they go into effect, could cause a transit to be a factor, but for now, it should not matter. Of course, it does not hurt if you can explain why you came to the US instead of seeking asylum in Switzerland, but for my clients who have transited, this has never been an issue. Take care, Jason
Hi Jason, I applied for a green card based on asylum at the Texas service center in August of 2019. It’s has been 1 year and since i applied and so far, I haven’t heard anything from them. When I check online, it just shows my fingerprint has been taken. Since you also use the same service center, do you have any info about what year they’re processing from your clients experiences? Should I be expecting to hear from them anytime soon?
You can check the processing times at http://www.uscis.gov, but my recollection is that processing time for a GC is 1 to 3 years, and we have seen cases take anywhere from 14 months to 2+ years, and that was before the pandemic. So my sense is that you are within the “normal” processing time. Take care, Jason
God bless you Jason!
I must say You are doing a great job for asylum seekers.
I just checked the status and it sayS
“We reached a decision in your case. You will shortly receive the decision by mail. You must follow the instructions in your decision letter as to what you should do next”
We haven’t received it yet. Please guide by your great experience what does that mean?
Is it approved? Or what?
Keep your good work which is literally a light hope for the asylum seekers.
Regards
Can you share with us your timeline and how long you been waiting for your decision and what office if you don’t mind
We have waited 8 months after interview in Houston Texas office.
Hi Kiran,
Do you mind sharing if you did you do anything to get the decision? My case is pending decision for over 9 months in Newark Asylum. I was initially told i can come pick my decision, but later told it would be mailed instead. Thanks
You can email them and inquire – you can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Have faith and just pray!
We prayed and having faith in God.
Regards
God bless you Jason!
My EAD clock is stopped now. What does that mean?
If you have been interviewed already, some people take that to mean that the case is granted. However, we have seen cases where the clock stops for no reason. You can always make an inquiry with the asylum office – you can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
There is no way to know the decision for sure until you have the letter. Some people say that if your asylum clock stops, that means the case is approved (you can check that by entering your receipt number at http://www.uscis.gov, check case status). However, I do not think that is 100% reliable. Really, you have to wait for the letter, which should come soon. Good luck, Jason
Thank you Jason. Your suggestion really matters and reliable. God bless you always!
Regards
Jason, is this the same thing as public charge rule or is it another trick of this administration? Does it affect asylum seekers or asylees?
“Trump administration can enforce green card wealth test in most states, court rules
A federal appellate court on Wednesday limited an order that had blocked the nationwide implementation of a controversial wealth test for green cards and immigrant visas, allowing the Trump administration to continue the policy in every state except New York, Connecticut and Vermont.”
This is the public charge rule. It means that if you are filing for a GC, and you are subject to the rule, you have to file a form I-944 unless you live in one of the listed states (asylees are not required to file this form, as they are not subject to the public charge rule). Take care, Jason
Thank you very much for the detailed response.
Hello,
Hope u doing good. I want to ask a question.Actually my inlaws/family there are applying Asylum i589. In this form they are asking about sibling information specially for my wife info. Like date of birth, Alien no and social no. I wanna know is it fine to provide these info since I am on pending asylum and here no body know there status and there details like ssn# and alien #.
Does it effect bad on there asylum if they didnot mention in the form these detail.?
They mention the detail like name location and dob.
Please help me out.
Thanks.
They are required to fill the form to the best of their knowledge. You and your wife are not required to tell them your information, and so if you do not want to do that, they will not be able to complete those portions of the form (they can write “unknown” if they do not know the answer to a question). That said, USCIS will likely know that the two cases are related, and so you should make sure the cases are consistent. I am not sure why you would not want them to know your info, but if you do not want to tell them, that is your decision (and the info is private), but I am not sure it will benefit anyone if they have to write “unknown” for these questions. I doubt it will hurt much either, but it does look a bit strange if you cannot get basic info from a family member. Take care, Jason
Hi,
The basic info i have provided like name dob location. But i didnot give to ssn# and alien #. So is it fine. Does it effect on there case or my case. Since I am on pending asylum too.
Thanks
I think if you have provided the information that is required of you (and known to you), that should be fine. You should know that the US government will probably know that the two cases are related and they might compare them to each other, so you might want to make sure they are consistent, if you relative is amenable to discussing this with you. Take care, Jason
Hi,
Thanks for the reply. Since I have provided the info does it effect on my case? I mean thy can compare may be or something.
One more thing the new rule for asylum is to apply on or before 25 aug or just before 25 aug in order to keep it on old asylum system.
Thanks
They can share info about different cases internally, and so can potentially identify inconsistencies. On August 25, the EAD rules are changing (assuming a lawsuit does not delay this). One change is that if you file for asylum more than one year after arriving in the US, you will effectively not get an EAD until after your asylum interview. Also, if you are eligible to file for the initial EAD on or after August 25, you have to wait one full year to be eligible for an EAD + pay an $85 biometric fee. In other words, if you file for asylum today, if the old rule were in effect, you could file for an EAD after 5 months (January 2021), but if the new rule goes into effect, and you file for asylum today, you cannot file for the EAD until August 2021. Take care, Jason
Hello Jason, Im an asylee and Im going to apply for my green card soon. I just received my first speeding ticket on the highway in California. I don’t know what this speeding ticket means to my future asylum based green card application. I still don’t even know how much it is. Please give me some advice.
Unless it is a criminal charge (such as reckless driving), it is probably irrelevant to your immigration case. If you are not sure, talk to a lawyer, and also, you can include a copy of it with your GC application. That way, USCIS cannot accuse you of trying to hide it. Take care, Jason
Hi Jason,
Just want to check with you, i was asking you since last year about my reckless driving ( in Virginia) will be a criminal charge . you said that’s not going to affect my GC process. Based on your reply i thought it’s not going to affect me so i have sent my I-485 application in last month .but today i was awful after seeing your post it will be a criminal charge.
1) only Reckless driving posted speed 70
2) No DUI
3) No Hit and run
Thanks,
John
Criminal charges can effect whether a person can get a GC, but traffic violations would normally have no effect. I doubt a reckless driving charge would block you from a GC, but if you are charged with a crime, you need to explain that in the I-485 and you should probably talk to a lawyer to review the situation. Take care, Jason
Hello Jason/ everyone,
I have a pending asylum case since May 2017. I want to find out if anyone has successful expedited their case and if YES, what criteria did they use. I am thinking of expediting my case because it’s been more than 3 years since I applied and I’m tired of waiting.
Thanks
We have tried some expedite requests since the pandemic and none have succeeded. In the past, the most effective reason to expedite seems to be a documented health problem that is made worse by the stress of the asylum case (and a doctor’s letter explaining this). Family separation (spouse and unmarried under-21 year old children), especially where family members are in danger, is also a strong reason. Even if you have a good reason, there is no guarantee that they will expedite, and some offices are better than others about this. I wrote more on this point on March 30, 2017. Take care, Jason
Dear Jason,
Since my case was referred to the immigration court, I’m still waiting my court date and I already renewed my EAD twice and this is gonna be a third time and I’ll apply on August 22nd! So is there anything changed from the previous I 765 renewal form???
On USCIS website it says “USCIS will not accept Applications for Employment Authorization postmarked on or after Aug. 25, 2020, if you do not file them with the updated edition of Form I-765 and I-765WS and the correct fees.” It also says The final rule will be effective Aug. 25, 2020.
My question is:
1/ do they need a new fee for renewal?
2/ what is form I-765 WS and do I have to fill it???
1 – The updated form should be on the http://www.uscis.gov website. 2 – I think that is only for certain categories of EAD, and it does not apply to asylum. At least I have not heard about that form being required after August 24. You can check the instructions to be sure, but it is a pretty basic form. Take care, Jason
Hi Jason, My asylum approved on July 2018. I applied greencard july 2019. Hopefully, I got my greencard February 2020. On my greencard it was written “ resident since : February 2019”. my question is when Can I apply for citizenship? As an asylee should I apply after 4 years or 5 years than resident since day(february 2019) ? Thanks for your help.
You can apply for citizenship 5 years after the 2019 date. And you can mail the application 90 days before the 5-year anniversary, so that would be in about November 2023, if my math is correct. Take care, Jason
If your asylum was approved on July 2018, should it say resident since July 2018 ?
Yes, I am thinking they made a mistake. I applied after one year. No delay. But they wrote resident since February 2019.
Jason, it passed 6 or 7 months after I got my creen card. Is this date(february 2019) valid? Or should they correct it to july 2018( it was asylum aproved date). Do I need to apply? How should do this process?
Thank you!
It is not based on the asylum approval date. Whatever date they agreed to issue the GC, they back date the card one year, and so based on what you wrote, it seems to me that February 2019 is correct. If you are not sure, maybe have a lawyer take a look at the timing of the case. Take care, Jason
Congratulations !
Could you share your service center which processed your green card ? because I also got my case approved in July of 2018, and applied for green card in July of 2019, but still waiting.
Thank you.
Hi Jason,
I have question. During my asylum interview I couldn’t submit some documents which are related to my story also my case is pending for more than 2 years. Can I do it now? How can I make an appointment with an asylum officer unfortunately there is no info pass system in Chicago. Please give me an idea.
You can submit it by mail, or if it is not too many pages, by email. Provide as much info as you can about your interview (name of officer, number of officer, date and time of interview + your A number and receipt number). You can find the email and mailing address for the local office if you follow the link at right called Asylum Office Locator. Take care, Jason
Can’t I submit the documents to an asylum officer with a help of a lawyer? Because I wanted explain the evidences that I gathered.
You can use a lawyer or not – that is up to you. Take care, Jason
Dear Jason,
Hope you are doing well. I have a question. Does a permanent resident based on asylum need a refugee travel document to travel outside of USA to a third country or he can use his passport? Thanks in advance.
It is better to use the RTD, as the person could potentially have trouble if he uses his home country passport. I have not heard about that happening, but it is possible that using the passport will create issues with USCIS, and so it is safer to use the RTD. Take care, Jason
Hi Jason I sent my renew EAD form on July 31 this is my third renew time .i want to know how many month it could take to send me the new one because the other one should expire on November 22 .i have my MCH in March too.i want to know how many week or month would I have the individual hearing .i have attorney on my case .
Most renewals seem to take about 5 to 7 months, but it is not very predictable given the pandemic and USCIS’s budget problems. Hopefully, you will be fine, since the old EAD is automatically extended for 180 days. As for the Individual Hearing, it varies greatly depending on the judge – in general, most cases take 1 or 2 years, but some cases take only a few months; other times, judges schedule a case 4 years in the future. You should ask your lawyer if the lawyer has any idea about the judge’s schedule. Take care, Jason
Hi Jason thank you for your answer.but my MCH is for March 21 and I just want to know after this ,the IJ will schedule my individual hearing as soon as possible ?because my case was pending since 2016 before I got interview in September 2019 in Chicago and they referred me to court .
Another question is when they don’t send me my new EAD before November 22 ,my employer could not let me go home because of the other one expired?or uscis will send me a 6 month extension before then ?i already sent the new application of renew .
The judge should give you the first available date, but whether that is in 3 months or 3 years, there is no way to know, as different judges have different schedules. When you apply for a new EAD, the receipt automatically extends your old EAD by 180 days, and that should be written on the receipt. Take care, Jason
Greeting Jason,
I would like first to extend my heart felt thanks to you for your usual support. My 1-730 petition for asylee family reunion approved by USCIS In the Middle of May 2020 and sent to NVC. After waiting for a while, I called them two times By waiting the phone line for long time about one hour. The person who answered my phone During the first call told me the embassy is closed and the case is not transferred . He told me also to call back after a week . Again I called and I got a person from NVC and I asked him my case status. I explained him my case’s urgency . This guy told me to submit expedite Request and gave me the email account to expedite . I submit my expedite report as per his guidance. After one week I got an email response which says “ since your cases are already expedited by USCIS , we could not able to expedite again”.1) What is this mean ? 2) Is NVC currently working on asylee immediate family reunion (I-730 petition)
Thank you in advance for your help .
Respectfully ,
Maybe you sent the expedite request to USCIS? If it got to the NVC, maybe they are already expediting? I am not sure. The problem may lie with the embassy. While the State Department announced that embassies would begin to reopen, I do not know the status of that, or of any particular embassies. You might try looking up the embassy in question and sending an email to the consular section (usually you can find contact info on the embassy website). Otherwise, maybe you want to email the NVC expedite request contact again to ask for clarification. Take care, Jason
I forgot to say my MCH will be on March 2021
Hey,
For how long is your decision pending? Mine is over 7 months. Thanks
Jason, I read today about “Judge orders Trump to halt immigration wealth test during national coronavirus emergency”.
There was nothing mentioned about asylum here. Is trump is trying to redo that law?
This is an old law (from about 1882) that they decided to implement to further increase restrictions on immigrants. It does not apply to asylum seekers, and how exactly the judge’s order will be implemented, I do not yet know. Take care, Jason
Hello Jason,
I have a question, my biometrics and interview were scheduled for April( Chicago) but due to the pandemic I was told that new dates will be sent to me , still did not receive those , also for some reason my clock stopped at 19 days however it was supposed to be 150 days this month … Do you know why is that ? I was planning to apply for work permit but my clock is incorrect …. please I really need help)
Thanks in advance
I do not know why the clock would stop. One guess is that you did not do biometrics (like everyone else) and so it stopped. I think all you can do is apply for the EAD normally, and get it filed before August 24, in case the new EAD rule goes into effect. Maybe also include a cover letter explaining that you filed on such-and-such date and that you did nothing to cause any delay, so the clock should still be running. What will happen, I do not know, but all you can do is file and hope for the best. Take care, Jason
Hello Jason, hope you are doing good and staying safe.
I have a pending asylum in court for over 2 years and recently I applied for a mortage to buy a house, mortgage company denied me stating that even though I have good credit and EAD they will not approve my loan application without providing strong evidence that the IJ would approve my case and show my presence with continue income for next 3 years. All my dreams of buying a house have been shattered. Can you help me understand if there is any rule that would stop a person on pending asylum getting a home loan. I have always renewed my EAD before time and this is my 4th EAD card. Please help and suggest if I can take any actions against the mortage company? Thank you
I doubt you can take action against the company, though I do not really know about that. Maybe you can try different banks? I think some are better than others about this, and for a situation like this, it does not seem like a huge risk for them (as they basically own the house until you pay off the mortgage). Unfortunately, I don’t know much else about this, sorry. Take care, Jason
HI Rafina. I had same problem when I bought my house. The problem is that some mortgage companies don’t know the law. You need to just keep looking another company. Write you email. So i can give contact information for mortgage company agent. It is quicken loan mortgage company
Hello
There are other banks who offer mortgage loans to asylum applicants. My mortgage was approved through New American Funding. Try them, they are very friendly to immigrants.
Good luck !
Hi Jason, I am all confused weather to use the advanced parol to travel or not with my pending asylum for 5 years now, I am afraid if I travel that they won’t let you in again, although the delay is from their side, do you know of any case that was allowed or not allowed to get in again?
The disclaimer at the doc that says its up go the officer to let you in or not? This not making me comfortable!
Also, can I use my country passport along with the AP to meet family in a third party country?
Thanks
USCIS sometimes denies applications for AP, but I have never heard about a case where a person had valid AP and was refused entry (sometimes, there are some delays at entry, but nothing serious). So in my opinion, if you have AP, it is safe to travel and return. You do have to use your passport, and depending on your asylum case, using the passport may be viewed negatively (why did you use a passport from a country that wants to persecute you?). Normally, you can explain this, and so far, I have not see an asylum case where anyone had a problem for traveling using their home passport (but I suppose that could be an issue). And you would only want to go to a third country. If you go to your home country, it really can cause big problems for the asylum case. Take care, Jason
Thanks for your response, will I be given the chance to contact a lawyer at airport in case they deny entry? I mean do I have the right as pending asyluee to contact a lawyer or I will jut be sent back?
You have limited rights at the airport, but nothing would stop you from calling a lawyer. The lawyer has less power at the airport, but sometimes they can still help. I have never heard of anyone with valid AP being denied entry, and if you express of fear of returning to your country, it would be illegal to send you out. Again, it can still happen, but my sense is that this is much worse of a problem at the Southern border than at an airport. Take care, Jason
Hi Moli / Jason
I just want to inform you, my friend he’s green card holder through Asylum and he used AP to travel to his home country. In February 2020 he went to see his parent and then he came back to US last week @SFO airport ( throughout evacuation flight) at the airport immigration officer denied his entry and they send him back. Also they have not return the green card to my friend.So think twice before going out .
Thanks,
John
I would want to know more details about what happened, as I do not see how this could legally happen (which doesn’t mean I don’t believe it, as CBP does many illegal things, but I would like to know more). Maybe there is more to the story that you do not know (for example, maybe AP expired before he returned?). In any event, if he wants to try to come back here, he should talk to a lawyer in the US as soon as possible, and see if anything can be done. Take care, JAson
Thanks for sharing the story of your friend, I am trying to to a third party country not to my country but as border control being weird its better to be careful, hope your friend issue gets resolved.
1. I am having a up coming individual hearing in San Francisco in about month . My lawyer said Due to the covid My hearing can be postponed for sure?. She said 90 % chances are there. But I call the court they said they are going to open Augest 17 I already waited 6 years it’s really frustrating
2 . I have i730 pending in NSC 9 months already . Is there any way I can expedite my petition ? I am suffering from ptsd since 5 years my doctor is very helpful and back home my mother is really sick.
3. Your firm work with i730 petition? If you can help me to expedite ? My current lawyer is not responsig so well because she is handling both the things
Thanks so so much for your kindness
1 – It is not predictable. At least in my courts, most cases are being postponed, but some are going forward (I have two this week). You have to prepare for the case unless it is canceled, as you need to be ready in case you have your trial. 2 – I wrote about expediting with USCIS on January 29, 2020 – maybe that would help. 3 – We do, though it would be difficult for us to take a case just to try to expedite. Maybe read the post I mentioned in #2 and see if you can do it yourself. If not, let us know. Also, by the way, you may be better off waiting for the I-730 than doing your own asylum case in court, so a delay might be helpful. Take care, Jason
Hi Jason, Thanks for your support, I have 2 questions
1:- I have had an accident while I was at work so getting workers insurance. I want to apply I-765 and also want to apply fee waiver I-912. I am confused which option I select either below poverty line or financial hardship( specially in this pandemic)
2:-I am applying for my kids too so do I have to fill fee waiver for each one or will one be enough for all
I appreciate your efforts
1 – Sorry, I do not know, as I have not reviewed the form lately. If you are not sure, you can always provide an explanation along with the check box, so USCIS knows why you are choosing one option over another. 2 – I believe you need one fee waiver for each person. Take care, Jason
Good day Dear Jason,
I have two questions:
1) My spouse was granted asylum then petitioner for me, I also get granted and I got travel document because I’m working abroad. As I’m also granted as beneficiary from my spouse do you think I cannot also no more go back to my country of origin?
2) My travel document will expire in the first week of November, I read everywhere I don’t see how early we should apply for a new one. Do you know how early I should apply for a new one? as it takes 5 months of processing.
Thanks and regards,
1 – The restrictions on the principal applicant (your spouse) do not apply to dependents (you). However, CBP may not know that, and so you should be prepared to explain why you returned to the home country and how you stayed safe. Part of this explanation may be that you are a dependent on the case, but you may need to say more, especially if the principal’s case indicated that it is unsafe for the principal and their family. 2 – If this is a Refugee Travel Document, you can renew any time. However, if you file to renew while the RTD is still valid, you need to send the original RTD with the renewal application. I have not done that in a while, so double check the instructions for the I-131, available at http://www.uscis.gov, but I think that is still the rule. Take care, Jason
Thanks so much Jason, your answers are really appreciated.
Hello Jason,
I have a question. I’m currently filling my i-765 form for EAD renewal. I’m a pending asylum applicant ( my asylum decision is pending ). What is my i-765 category?
Thank You,
Shaz.
Pending asylum is normally c-8. You should see the category listed on your existing card. Take care, Jason
Hi Jason, I was approved asylum by IJ and only have IJ’s grant order. I dont have I94.
Do you think IJ’s order will be enought to provide to my employer since I can work without an EAD?
I don’t know – my guess is that it will not, but you can try (also, I do not know if you can use the order at the Social Security office). You should Google “post order instructions in immigration court” and follow those instructions to get an I-94. I suspect it will not be easy to do that now, given all the closures, but that is the procedure to get an I-94 and a new EAD based on asylum approved. Take care, Jason
Jason I have pending asylum, is it safe to move the case to another office at this point? Will it affect somehow or delay the processing of the case?
Under the new EAD rules that are supposed to go into effect on August 25, I believe that if you move, you will see additional delay in getting an EAD, assuming that the move causes your case to transfer to a different asylum office. However, if you already have the EAD, there will be no effect, other than to move the case to a new office – you can check whether the move will cause your case to move by following the link at right called Asylum Office Locator and entering your new zip code. Take care, Jason
hi Jason!
My case is pending since 2017 in miami and still didn’t get interviewed, is there anywhere I can find out about uscis schedule? Specialy with cover 19
my asylum case pending since FEB-2016, no interview scheduled yet either…..
There is no schedule, and USCIS only rarely publishes data about how many people are being interviewed in each office (they used to do that quarterly, but have become less transparent in the last year or so). You can email the asylum office and maybe they can give you some info – you can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
He jason i just read your topic about translation documents to Uscis that you wrote about in August 2017 but i still didn’t understand what’s needed to let my friend translate it for me? He is a US citizen and he speaks fluent English and native arabic like me so please jason tell me what’s needed to make him translate it for me then certify it cause i looked at ur topic but didn’t get the point on how to certify the translation
Anyone who speaks both languages can do it, and I think that blog post provides a link to a model certificate of translation. The translator should sign that and include it with the translation. That is all that is needed. Take care, Jason
Hi, Dear Jason,
I have a pending asylum case since 2015 never interviewed.
My spouse was granted asylum then petitioned for me, it’s been a year now. My i730 is still spending and she is going to apply for adjustment of status to get a green card.
1. What going to happen to my i730 petition?
2. It is possible for her to petition for me to get a green card too?
1 – The I-730 continues. It is not affected if she gets a GC (if she becomes a citizen, the I-730 will be canceled, but hopefully, the I-730 won’t take that long). 2 – She can file the petition once she has a GC, but you may need to leave the US to get your own green card, and that may be problematic. I also doubt that would be necessary. The I-730 is slow, but it should work, and probably faster than waiting for her to get a GC and filing for you. Take care, Jason
Hello Jason,
I have a question that I’m applying for EAD renewal category (C)(8). I’m the main applicant and I have all my documents including the first acknowledgement letter (blue letter), ASC appointment letter etc, but my spouse’s who is the dependent in my application his first acknowledgement letter (blue letter) is missing but we have all his other documents including the ASC appointment letter, previous EAD approval letter etc. My question is will it be a problem for not including his acknowledgement letter?
Thank you.
I think it should not be a problem. You may want to request a copy of your file, so if it turns out that there is a problem, you will have started the process of getting what you need. You can get a copy of your file using form G-639, available at http://www.uscis.gov. It takes maybe 6 months, but it is free, and it should get you a copy of everything, including all receipts. Take care, Jason
Hey jason
Today i have received a letter from the uscis saying
You have been added to the office expedite list , an interview will be scheduled as soon as the office’s resource permit
I’m related to Chicago office so do you think i will get interviewed any soon? I have been waiting since 2016 until i asked then to expedite my interview due to serious medical condition i got since last February
I have not heard about Chicago, so I do not know how many cases they are interviewing. In general, when we got letters like that (pre-pandemic), it would take anywhere from 1 to 6 months to get an interview (sometimes longer). If you do not hear any news in a few months, you should email them to follow up. Take care, Jason
Hello Jason,
I had my asylum interview and was recently sent to court scheduled for my first date March 2021, however my husband’s and children clock stopped and they were denied their ead. We are still deciding on an attorney but was wondering if there is something we could do ourselves in order to get the ead sooner. We are desperate.
Try emailing the asylum office where you were interviewed – you can find their email if you follow the link at right called Asylum Office Locator. They will likely not help, since they do not have the case, but I would start there anyway, as the error (if there is an error) may be their’s. Otherwise, you can call the Immigration Court (a link is at right) and try to talk to the court administrator (or anyone else) to see if they can assist. It may be that the clock stopped for a reason and the stoppage was proper, but if you, as the principal applicant, got an EAD, they should be eligible also. Finally, if you have an EAD, maybe they should just apply for EADs, as they should be eligible if you are – you would have to explain this in the EAD application. You may want to talk to a lawyer before you try that. Also, EAD rules are scheduled to change on August 25 (unless blocked by a court) and so you should take action now, as application received by USCIS on August 25 or later might be subject to 6 months of additional delay (I wrote about this on July 1, 2020). If all else fails, you can try to expedite your first hearing, as the clock should start again once you go to that – I wrote about expediting a court case on April 20, 2017. Take care, Jason
Dear Jason,
Hope you are doing fine.
My asylum application is still pending since the end of 2016. I have also applied EB2-NIW and this is still in pending status. It is about more than 4 and half months since submitted to USCIS. But luckily I won a DV-Lottery this year; for 2020/21. Does my pending asylum and pending EB2-NIW affect this DV opportunity? How can I process the DV? Can I process from here? or should I go back home to process the DV- cases? Off course, I have applied the DV Lottery from here, I am here since November, 2016. Which one is more effective and take short time to get permanent residency? In case, if I go back home to process the DV, I may loss my current job. I am government employee. Thank you in advance!.
best,
Temesgen
Congratulations on your win. But in my humble opinion, I don’t think that you can go back to your home country and process your DV Lottery, trump administration has stopped issuing all types of immigrant visas including DV.
If you have a legal status in the US then you probably can apply for adjustment of status and get your GC via DV but without a status it will not be possible.
I also won DV when I had pending asylum and did not have a status but could not get my GC via DV.
I am not an attorney but was in similar aituation so lets see what Jason says.
Dear Dana,
Thank you very much for giving me a very good advice and forwarding blessing wish.
When did you won the DV lottery? How it was going? So, you got your GC through asylum?
I wish if I able to have a talk with you for short time; if you don’t mind? In case, if you 2 mints this is my phone Number: 240 646 4953.
best,
Tem
There are many variables, and you need to talk to a lawyer about whether you can actually take advantage of the lottery. I wrote about this issue on October 5, 2015 and August 28, 2018 – maybe those posts will help. The basic answer is that you normally need to be “in status” to get your GC without leaving the US, but the other pending application (EB2) may serve as a “bridge” to keep you in status for purposes of getting the GC inside the US. If not, you would have to leave the US, which may or may not be possible. In short, you need to talk to a lawyer to decide how to approach this, and to know whether it is possible at all. Take care, Jason
Dear Jason,
Thank you very much for your advice. If it is possible to process the DV from here; I will take the DV Lottery. Because currently I’m “in status” to stay in US.
I discussed this situation with my Lawyer. Unfortunately, he said that, this is my fist time to have such cases in my client (my asylum applicants). So, I have to read more. It is about more than 3 weeks. That is why I come to you; Jason. Thank you for everything. You are so helpful.
best,
Temesgen
You have limited time to take advantage of the lottery (assuming it is possible), and so if the lawyer cannot get the research done, you can always ask another lawyer for help. This will be more expensive, but hopefully you can get a solid answer quickly. Good luck, Jason
Hi temesgen. I have about to same case. There is no way to get green card DV for this year. Because you have to leave country to get it. Unfortunately there is immigration ban until next year. However DV green card application will end on October. Unless you have nonimmigrant status in US, no way to get it. Good luck
Dear Asyle,
Thank you for the information.
My DV lottery process will start from October 1, 2020 to September 30, 2021 fiscal year. So, how it will end on October. Did you got your GC from DV?. Dear Asyle, please explain me the detail that you go through? You say no way to get GC. Do you think that this is because I am asylum applicant?. Please If you can explain this in detail. Thank you very much. In case if you have 2 mints, please, give me a call anytime at 240 646 4953. Thanks,
best,
Temesgen
I am not sure it is a great idea to put your phone number here – I will leave it up, but if you want it down, let me know (and please do that soon, as it becomes very difficult to take down a comment once it has been up for a while). Also, please remember that just because person A had success with something does not mean person B will have success. Maybe if you hear some positive news, they can refer you to the lawyer who helped them, and that lawyer can evaluate your case. Take care, Jason
Jason, I have approved asylum but I need to wait another 6 months before I can apply for a GC.
Can I apply for AP now to start travelling abroad or is there no guarantee that people with AP can come back to the US?
If asylum is approved, you should get a Refugee Travel Document using form I-131, available at http://www.uscis.gov (this is the same form as AP, but you complete different parts and an RTD is less expensive). If you have a valid RTD, you can travel and return. I have never heard of anyone having a problem re-entering the US. Take care, Jason
Wow, I did not know that there was such thing as RTD. Thanks a lot Jason. I appreciate the information.
Jason, one more thing.
Can travelling abroad affect getting a GC? There are rumors, they say if you travel out of country with AP or RTD before you apply for a GC, then it might take longer to process your GC.
From the time you win asylum until the time you mail your I-485 (application for a green card), you need 1 full year of physical presence in the US. So if you leave the US for 2 weeks, you need to wait 1 year and 2 weeks before filing for the GC. Other than that (and assuming you don’t leave the US for more than 5 months), there should be no problem. Take care, Jason
Hey jason
I applied for asylum at Chicago office back on Feb 2016 and until this moment I didn’t get interviewed yet so do u have any idea how’s the interviews going at Chicago office? You think i will get interviewed any soon ?? I have some documents in arabic that I wanna translate so can my friend translate it for me then we go to notarized it At any bank or law office ? Or it has to be from online website? I’m just scared they couldn’t read it right as it’s photocopy and the first paper kinda not so clear but the other pages all clear!
I do not know when you might get an interview, and given how things are going, I doubt it will be any time soon. You can try to expedite – I wrote about that on March 30, 2017 – but given that asylum offices are not working at full capacity, now may not be a good time to try that. As for translations, you need a Certificate of Translation, but it does not need to be notarized. I wrote about that (with a link to a certificate) on August 24, 2017. Take care, Jason
Hi Jason. I have pending asylum case. Can i apply for AP during immigration ban
If it is pending at the Asylum Office, you can. If it is in Immigration Court, you cannot travel with AP. You will have to be aware of various travel bans, but as long as you have valid AP, you should be able to return to the US. Take care, Jason
Hi Jason, I am on scholarship by the department of states and have issues back home so applied for asylum, My scholarship has J1, 2 years condition and it will expire in May 2021. I would like to know if you come across any case where the change is status has impacted scholarship. Would my status change if my asylum is rejected?
I am not sure what you mean exactly, but we have had a number of J-1 people apply for asylum, and I do not know that their scholarships have been affected – I have not heard about any negative effect. If asylum is rejected and you are still in status on the J-1, you would be expected to complete your program and leave the US according to your visa. If you were still fearful of leaving, you could again seek asylum. Take care, Jason
Hi Jason,
I have a doubt with the immigration status of a pending asylum person (my asylum decision is pending) . Before asylum I was in F2 status and my spouse is F1 status and after claiming for asylum we didn’t maintain our immigration status, my spouse stopped going for college. What will be our current immigration status? Is it “pending asylee status” ?
My spouse is a dependent on my asylum application. Im the main applicant. What will be our immigration status? Please explain and I will appreciate it.
Thank you.
Your F status ended and so now you only have a pending asylum case. That is not really a status – it is just an application you filed for an immigration benefit (asylum). So in a sense, you are out of status, but because you have the pending case, there is no “unlawful presence.” Sorry, it would be nice if there was just a yes or no answer. Take care, Jason
Dear Jason,
Hope you are doing well. I have a question. I am the dependent of my husband’s asylum case which was granted. He is a permanent resident now. We have to wait for 6 more months to apply for my permanent residency as I came to the USA by the form I730. In the airport they gave me an I-94 record which says employment authorized and admitted for an indefinite time. I also got my EAD. Now I want to know how is my status called? I am trying to apply for a social security card they are asking for my status. What’s the legal term for my status?
Thanks in advance.
You are an asylee (you have asylum). Take care, Jason
My EAD will expire by early 2021 so After
August 25 /2020 is there any new Rule or law will effect my renewal EAD based on my pending asylum after denial from asylum office and denial from immigration judges then appeal for judges decision and its still pending.
Can you please answer questions M.S Jason
The new rule does not apply to people who are renewing asylum-pending EADs, so you should not be affected. Also, if your case is before an Immigration Judge or the BIA, you are allowed to renew the EAD. Take care, Jason
Hi Jason
I have a question if you don’t mind and thanks in advance
I applied for my parents,which they live in Dubai, I’m an American citizen ,about seven month ago and yet they haven’t got their visas yet ? So I have two questions:
1- do you know how long it would take them to get their visas issued?
2- do you think because they are coming to the states to get their green cards, they might be affected by trumps new travel ban ? Thanks again
1 – Once the I-130 is approved, which took maybe 6 to 10 months (before the pandemic and possible USCIS shutdown), the case would go to the embassies (which are now shut down, though the State Department has announced that they will start to reopen for visa processing). Embassy wait times varied by country, but maybe 3 to 6 months for most cases. 2 – I think they likely would be affected, but I have not looked at that particular ban very closely and I do not know all the details – there exceptions for some family members. Depending on the stage of the case, and whether the embassy is open, you may want to get help from a lawyer to try to get through the process. 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
The new EAD rule does not apply to you. The receipt extends your old EAD for 180 days. The processing time for the new card is not so predictable, but in most cases, it is between 4 and 7 months. Take care, Jason
Hello,
Thanks for the answer. I just wanna know the status of my renewal EAD. Is there any way i can follow up. I already mention To expedite the process while i was submitting the documents.
Thanks
Once you have the receipt, you can check case status at http://www.uscis.gov. If you do not yet have the receipt, there is not much you can do – you can call USCIS at 800-375-5283 and try to inquire whether they received your application. USCIS is a real mess now, so processing times are not predictable. Take care, Jason
Can somebody recommend immigration lawyer in Cleveland OH?
I know Jason works in VA and MD.
I did a post on September 22, 2016 with links to different non-profits by state. Maybe contact a local non-profit and see whether they can recommend someone. Take care, Jason
hi Jason
1 } I got my individual hearing on this September 2020 in San Francisco, do you or anybody know that .are they open for the hearing I have been waiting from 6 years they already change my hearing 3 times previously
2} my husband filled an i730 petition last year December we did not get any reply from them. do you know how long this petition takes. we filled throw Nebraska service center
thanks so so much
There is no way to know whether they will be open in September, but many Individual Hearings are going forward, so hopefully yours will. 2 – If that is for you, you probably want to inform the court and pursue the I-730 instead of your own asylum case. Talk to a lawyer about that. As for the time frame, I do not know (you can check processing times at http://www.uscis.gov, but that is not terribly accurate), but you certainly should have the receipt by now. Take care, Jason