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.
I have a quick question… Is in here anyone applied for ASAP membership and got approval in this days… just curios about how long is it taking to get an approval… is there also possible chance that they will not accept your application…
Thanks for shares…
My guess is that they are getting a lot of new members, and so maybe they are slow. I have not seen any announcement from ASAP or Casa on applying for membership, and I hope they will post something about that soon. There is a preliminary (and not very helpful) announcement on the I-765 page at http://www.uscis.gov about the case and the preliminary injunction. Hopefully, we have more clarity about all this soon. Take care, Jason
Thanks Jason…
One more question please… I see on the comments that renewal of work authorization is taking from 3-7 months… I applied for an asylum on July 2020. And let’s say by this new rule I applied for work permit after one year. (July 2021) how long will it take for me to get that permit… on the website it says at least one month…
It is taking several months to get a work permit after you file, and I assume that will be the case is you file after one year in the US. You may be able to file after 150 days in the US – I wrote about that on September 23, 2020. Maybe that would help. Take care, Jason
Hi Jason,
Hope your doing good.
Am going to ask you two question.
1) last year my asylum was approved in asylum in office and i have the ( approval letter and A05 EAD card ,
I94 card ). This morning i received a Email which is below. have you had any issue similar like this.
Receipt Number: ZSF18000xxxxx
Application Type: I589, APPLICATION FOR ASYLUM
Your Case Status: Decision
We reached a decision on your application. You should expect to receive the decision in the mail shortly. You must follow the instructions in your decision letter as to what to do next.
During this step the formal decision (approved/denied) is written and the decision notice is mailed and/or emailed to the applicant/petitioner. You can use our current processing time to gauge when you can expect to receive a final decision.
2) I applied Adjustment status this year in July 2020
this morning my case shows it was updated and New Card Is Being produced.
Could you please tell me what happen to my Asylum case and I485. Am totally confused .
Thanks,
John
1 – I have not seen that, but my guess is that it is just an error. But if you want, you can email the asylum office to ask them. You can find their email if you follow the link at right called Asylum Office Locator. 2 – It is possible that your green card was processed that quickly, but it seems unlikely. Most people wait much longer, but these things are very unpredictable. In terms of the GC, I would wait to see if anything happens. You can call USCIS to ask if you want: 800-375-5283. Take care, Jason
Hello Jason, you mentioned that USCIS sometimes interview principle asylees for their green card application. 1- What makes USCIS interview me again when my case is straight forward and I was interviewed by the asylum office twice and they approved my case?
2- when USCIS decide to interview the principle asylee for green card application, what do they ask? Is green card interview similar to asylum interview?
USCIS announced that they would interview all GC applicants, but that never actually happened. 1 – I do not know. It seems random to me. If you have a criminal issue or some other problem, it may be more likely they will interview you, but I am not even sure about that. 2 – It is not an asylum re-interview. Typically, they ask the question on the I-485, and if there are inconsistencies between your answers on the form and your other documents with USCIS (for example, the I-589), they might ask about those. For most people, the I-485 interview is a complete waste of time. I think the main reason USCIS announced that is to be “tough” on immigrants. Take care, Jason
hi Jason, my question is, if a person A apply for parole for his home country and a person B apply for parole for a third country (not home country). Who will got approved? And which option (A or B) is safe for re entry to usa?
You don’t really apply for Advance Parole based on a country (though you may need to list the countries that you intend to travel to). The purpose of AP is to allow you to return to the US while you have a case pending with USCIS. Even if you state on the form that you are going to one country, you can use AP to visit other countries. That is generally not a problem (unless USCIS concludes that you lied on the form about where you intended to visit). However, if you are an asylum seeker and visit your home country, it could cause you to lose your asylum case unless you have a very good explanation for the travel. Take care, Jason
Hello Jason,
I am a Asylee & already filed for GC based on my status. I would like to have my father visit me from my Home country. Is there any issues there may be that would be grounds from them to Deny him a visitors visa if we apply for 1 at the Embassy?
Also, when the time comes, (Hopefully) & I’m a Citizen, is it possible for me to file for my sister who is over 21? I am almost certain I am able to file for my father but I am not sure about my sister. But if yes, will it be faster in terms of processing time for petitions for a sibling or a parent?
Your father can try to get a visa the same as anyone else. Typically, the fact that a child has asylum does not make much difference in visa applications, but you never know. Also, with all the coronavirus restrictions and Trump Administration policies, it will probably not be easy to get a visa, but he can try. Once you are a citizen, you can file for a parent, and that process is relatively quick (maybe 1 or 2 years to get to the US). You can also file for a sibling, but that takes maybe 13 or 14 years (you can Google “DOS visa bulletin” and look at category F-4 to get an idea). Some people bring a parent and then once the parent has a GC, the parent files for the child. This only works if the child is unmarried. Take care, Jason
Hello Jason, I filed for asylum in 2016 and got caught up in the Trump Administration new immigration rules. This is my fourth year in California and I’m yet to get an interview. Just recently, I was talking to my lawyer if there’s any way to expedite my interview and she spoke to her mentor who said if I don’t have any medical conditions, I have to go through forensic evaluations which they’ll have to submit in order to request for an expedited interview. I was supposed to have done this in March until coronavirus struck, now a new date has been set for me and the forensic evaluation is going to be virtually. I read up on what forensic evaluation entails and most of the reviews/comments weren’t encouraging and my lawyer said she’s highly recommending it because she heard on good authority of an asylee who had a good/convincing case but was denied due to non availability of forensic evaluation. Any advice? Thanks
There are different kinds of forensic exams – for physical injuries or scars, or for mental health issues, and even for things like financial records. They can be helpful to a case, depending on what they discuss. They can also be helpful to expediting a case, though again, it depends on what they say. Also, now is a very difficult time to expedite given that the asylum offices are not working at full capacity. I wrote about expediting on March 30, 2017 if you are interested. Anyway, if you have a report explaining why the delay is harmful to you, maybe you will be able to expedite. At least there is no harm in trying. Take care, Jason
My final comment of this page, Jason thank you so much for being part of my journey, you are very helpful and God bless you. i become American Citizen. i start my journey 2013 and compete in 2020. my timeline as follow 2013 applied, interview 2015 march and got approved asylum on 2017 December, got my greencard on 2019 June and become American citizen 2020.i wish you best of luck all you who are waiting for their result, its a long journey stay tight and be patience. My advice is if u want to process faster ur cases write to your senator it help a lot, just not write one time write time to time. second everyone is a different case study don’t compare. regarding advance payroll its work differently some of my friend took advance payroll while his case is pending and visit the country he feel fear to death because his father was sick and they let him come back so every case study is different. just follow ur case and keep asking time to time that mt advice thanks again jason and best wishes to Asylum Community
Congratulations and thank you for sharing this. I agree with what you say, and if I were you, I think I would not look back. Look forward. Take care, Jason
Hey Jason thanks again. I am not looking back I just start a new life in USA and i am very happy about it and i am going to see my family after 8 years. This all experience teaches me a lot and I am very thankful to you helping me. Now chasing what I want to be my American dream just started now
I wish you the best. Take care, Jason
ASYLEE, Can you please share which state did you apply from? And after getting green card how long does it take to become citizen?
I applied initially at NY than I move to Chicago after 6 month filing in newyork and I feel that was my best decision ever. I got my citizenship early because I am in airforce
Thanks so much for sharing that. Congrats for your free life and hope for the best!
asylee. Congratulations. I was just wondering how did you get citizenship just after one year of your green card? JASON do you have any answer for that? thanks
I saw a case once where USCIS seemingly issued the citizenship too early. It seemed like an error, but the person had citizenship. Take care, Jason
hi jason,
According to you, applying AP to third country is batter or for home country is batter? And what is approval rate for both?
I do not understand your question. You apply for AP based on a pending application with USCIS. I wrote about AP on September 11, 2017. Take care, Jason
Hello Jason & fellow members, hope you all are in great health.
At the time I was granted Asylee status, I was 25 yrs old. I turned 26yrs old (jan 2020) 7 months after.
It wasn’t until after I turned 26 I found out what ‘Selective service’ was, & how it applies to immigrants and/or Asylee. So because of that I did not register for selective service when I was granted as it also states in the Approval letter but I was just overwhelmed & stupid at the same time to think the word “selective”, meant, “sign up for the military if I want to” as if the choice was mine.
I recently filed my I-485 adjustment after a year from Aproval date, case was recieved & has been pending. Can you advise on whether that mistake will have a negative impact on my pending application?
If so, is there any available waivers I could submit to USCIS or am I still able to register now with such waiver? & also, if you don’t mind, what are the chances of this being likely to be approved without or with a waiver (if any).
Looking out for your advice.
Thanks again Jason for your great impact & contribution to the Asylum Community.
I think it will have no effect on the I-485. You might check the Selective Service website to see whether asylees are required to register. I think not, but I do not remember. We do encounter cases where the person is filing for US citizenship, and there is a question on that form about whether the person registered for SS. When people fail to register, we write a letter explaining what happens, and that usually solves the problem. In your case, though, I think you did not have to register. I could be wrong, so double check the website. Take care, Jason
Hi Jason
I have filed my asylum case in June 2020 next month I will complete 150 days so can I apply for EAD ? Or I have to wait for one year?!
It is tricky – Basically, you need to get involved in a lawsuit, but that is easy to do. I did a post last week where I discuss what to do. Take care, Jason
Hi Jason,
Thank you so much, I read your article and I am in a process to be a member with ASAP just they are requesting like my allien and asylum receipt number do you think it’s safe to share these information so they can verify if I am asylum seeker ?
I think it should be – they are a reliable organization. Take care, Jason
hi Jason, I have another question, can I buy any residential or commercial property with pending asylum case? ( interview also pending). Only valid EAD and SSN. And two years tax returns.
Hello Raj.
I bought a house last year with your same position. Only problem is some mortgage companies and banks don’t accept just ead. You need to ask and explain everything before they run your credit report. Otherwise your credit will be bad
You can. Not all banks will give you a loan, but some should – you have to ask around. Take care, Jason
Hi Jason,
I have a question. My case is pending in Illinois (Chicago) and I have a plan to move to Indiana, it seems like Indiana’s main asylum office is Chicago asylum office where I filed asylum. Can I change only the address?
Thank You.
You have to change the address – use form AR-11, available at http://www.uscis.gov. You can check whether moving will have any effect on the asylum office that interviews you – enter your old and new zip codes into the Asylum Office Locator (a link is at right) and it will tell you. I think all Indiana cases are interviewed in Chicago, but you can double check. Take care, Jason
hi Jason, you said that having u.s citizen child put me at grater risk if I go home. Can you please let me know how?
I am not saying it will, but some countries might be suspicious of a person whose child has a US passport. If so, this might increase the danger for you if you return to your country. In that sense, having a US citizen child might affect an asylum case. Take care, Jason
Hello Jason,
Good day.
Always appreciate your good work .
I have a question my asylum case is pending since march 2016 still no sign of interview in near future.
Is there any way I can do adjustment of status if my employer where I work willing to sponsor for a labor certification .
I heard it’s not possible due to pending asylum please advise.
If you say yes , then how long the process is ? And should I widraw asylum case or continue along side with new labor certification thru employer.
Looking forward for your kind advise.
Thank you.
God Bless you .
It may be possible, but it depends on your status. I did a few post about this in August and September 2018, which you can check. In short, if you are still in status (and asylum pending does not count), you may be able to get the GC in the US. Otherwise, you probably have to leave and get the GC overseas, which may or may not be possible, and there are exceptions to all these rules. The posts I did cover this in more detail, but you would have to have a lawyer look at your case to get more specific advice. Take care, Jason
Hello Jason,
Much appreciated your prompt response.
Please elaborate what you mean when you say ( if you’re in status and pending asylum doesn’t count) .
I came in on b1/b2 and filed asylum . Now that b1/b2 even expire due to long interview wait .
So as of now my status is only pending asylum no other visa in hand.
In that case, you probably cannot adjust status. Maybe you can get your GC at an embassy overseas. There are exceptions to these rules (as I discuss in those articles), but to know for sure, you will have to have a lawyer review your case. Take care, Jason
Good Morning Jason
I have a question. My decision is pending since 2018. I daily check online it shows for how long my case is pending, till last time it was showing 2178 days. Today, it is not showing for how long it is pending. It says my decision is pending but do not show the clock. Please guide me. thanks
I have a feeling this is affecting everyone, as a number of people have commented about it. Whether it is a glitch that will be corrected, or USCIS has decided to remove that feature from the website, I do not know. Take care, Jason
thank you Jason for your reply.
I got renewal of my EAD, so basically I am working since last 4 years. (Pending interview). My wife is pregnant now a days, do you think it make any positive effect on my case? As if I get one baby born here.
In general, having a US citizen child has no effect on an asylum case. But it depends on the case – sometimes, having a US citizen child puts you at greater risk if you go home. Take care, Jason
Hi Jason,
Hope u doing Good. I have a question. My Ead was expire in may and i already applied for renwal before that n mention expedite process n i hav got receipt from them saying if u dnt receive the card ao 180 u r allow to work by using this receipt.
Now that 180 days r also expiring next month and i did nt get my ead card. What should i do? Where should i contact them or is ok to contact them. Please guide me
Thanks you
You can try to call USCIS at 800-375-5283. There is an additional extension for people whose new EAD has been approved, but who did not get the card (https://www.uscis.gov/i-9-central/form-i-9-related-news/employment-authorization-document-ead-delays-due-to-covid-19), However, I do not think that helps you at this time. I would call them, but if you applied before May, you should hopefully get the approval soon. Take care, Jason
Thanks.
Good afternoon sir
I have a pending asylum case for decision, the message online when I checked my case today changed to short message which doesn’t have the clock counting the days my case pending for, and all it says basically is if you were told to pick your decision in person you should, otherwise you will cause a delay in your work permit, if your decision would be mailed you should report change of address……what should this mean? Any idea? Your help is appreciated
I do not know, but it does not sound like a change in your situation. It may be that USCIS is changing it’s online system to make it even more useless. But I do not know for sure. Take care, Jason
hi Jason.
I have two questions.
1. My friend applied for asylum, (interview pending) than he through some incident and he filed for U visa. My question is, in asylum we can ask for parole, to visit home country, in U visa, is there same kind of provision available?
NEXT QUESTION
2. If I apply for parole, and got approved, is it safe to travel to a third country? And are you sure about re entry to USA? Planning for April 2021.
1 – I am not sure that you can ask for Advance Parole based on the U visa. Maybe once you reach the stage of seeking a green card, but probably not at the initial stage. However, I do not do U visas, and so I am not sure – you might talk to a lawyer who does more of them (or non-profit agency, as they seem to do many U visas). 2 – I have never heard of anyone being denied re-entry if they have a valid AP documents. However, you will need to be aware of coronavirus travel restrictions, which could affect you (one person posted here that she got stuck in Italy while traveling with a Refugee Travel Document). It can take 6 or 7 months to get AP based on asylum pending, and so if that is your plan, you should file as soon as possible if you want to travel by next April. Take care, Jason
Jason, my asylum got approved, I still have 5 months before my EAD expires. Based on my new status I should be able to apply for a new category EAD, is that right?
Yes – if you are applying under a new category, you can do that anytime. If the asylum was approved at the asylum office, they should send you a new a-5 EAD automatically. Take care, Jason
Jason, it was approved by IJ, thanks a lot for the information.
Hi, this is nothing to do with Asylum. My parents are on visitor’s visa and before their 6 months stay got completed, I applied for an extension for another 6 months due to COVID. Now my question is, when they return to their home country before their completion of 6 months stay while the extension is getting processed. When can they return to US, if at all they wish to come here. I mean, is there a restriction for them to come back to US since they stayed here during the extension period.
If they filed the I-539 to extend status before their status ended, there should be no issue in returning to the US, at least in terms of legal bars to re-entry or discretion. Take care, Jason
Hi Jason, thanks for your response. since they applied for I539 on time they will stay here till early Jan 2021(second 6 months after extension). So, when they return to their home country in Jan 2021, they can visit US anytime they want and there is no restriction that they have to wait to visit US again correct. Will they not be questioned, they are coming back early after extending their previous stay.
It depends on many factors, and so there is no way to know. Unless they overstay the extension by 6 months or more, there is no legal bar to coming back. However, if they need a new visa, it could be denied as a matter of discretion for any reason, including that the consular official does not like the fact that they extended their visa or stayed in the US too long. Take care, Jason
Hello Jason, I am an asylee and my case was granted last year. now I am waiting for a one year to pass to apply for my green card. I got a speeding ticket few weeks ago and I hired a traffic attorney to fight it for me. He says that some times it is in the best interest of the person to plead guilty and pay the ticket.
But there is a general notion that for a non-citizen of the United States, a guilty plea or conviction could result in deportation or exclusion from admission to this country, or denial of naturalization. Does this apply on speeding tickets? I mean does pleading guilty to a speeding ticket leads to deportation or exclusion from admission to this country, or denial of naturalization. Thank you sir.
A speeding ticket should have no effect, unless it is also a crime. Ask the lawyer whether you are pleading guilty to a criminal offense (even if it is a crime, it should not result in blocking you from a GC or citizenship, but you would want an immigration lawyer to look into that before you accept a plea agreement or apply for the GC). Take care, Jason
Hi Jason,
Can you please list down what are all the crime in traffic violations.
Thanks.
I can’t – That depends on the state laws and each state is different. If you are concerned, talk to a lawyer who can look at the specific statute to be sure, but the majority of traffic offenses are not criminal. Take care, Jason
Dear Jason
Hope you doing great, i was having a pending I-485 they request more documents we submitted 2 years ago, so my lawer contact them again with later i saw my status change to ( Name was Updated ) whats that mean ?
Yours
Joe
I do not know – maybe your lawyer provided some more info for the case and the status change reflects that. You might ask your lawyer what was submitted. Also, it could just be a message reflecting that the lawyer contacted USCIS about the case. Take care, Jason
hi jason
during the asylum interview in the asylum office, we made some changes in the declaration and i589 forum
now i am having an individual hearing in immigration court .
1 is there any way to know what changes we made?
2 my lawyer lost his paper of writing that he made during the changes in the asylum office
3 can we request for the record that we change?
4 if so how long it would take?
thanks so much
thanks so much
You can file a Freedom of Information Act request (form G-639, available at http://www.uscis.gov – also check the instructions, as there are ways of doing this faster and through online filing). This will get you a copy of your case and should show the changes to the I-589. It probably takes between 3 and 6 months. Take care, Jason
hi jason
thanks for your reply
can i also able to know what we change in a declaration. time of the asylum interview? after filing G-639?
I do not understand the question – you want to change your declaration? You can do that, but you would need to explain why you are changing it, and this could cause the asylum officer to think there is an inconsistency. But if you explain the reason for the change, it is usually ok. Take care, Jason
Hi Jason…
Quick question…
Have you heard anyone got interview recently for pending case…..I applied on 2016 and I’m still waiting so I’m wondering if you have heard or know someone who applied in 2016 and got i.v….thank you so much
One of my clients who filed in February 2016 got scheduled for an interview next week. Why they pulled her file from the backlog and scheduled it, I do not know. We did not try to expedite, she does not have a one-year bar, and she generally has a strong case, so I have no idea how they decided to pick her. Otherwise, in our office, I think all of the interviews since the pandemic (maybe 3 people) had one-year bar issues. Take care, Jason
Hi Jason
I’m trying to file form G-639 and it asks me the purpose of filing the form? What should I put? And if you have the form handy, what should I answer part 5 question number 1 ? Thanks a lot for your help
Maybe state what you want (such as, “All my files with the asylum office and USCIS”). I do not have the form now, but if you email the question, I can try to answer. Take care, Jason
Hi Jason, regarding form G-639…..
The question was indicate if any of these circumstances apply to your request ( select that all apply)
1 – circumstances in which the lack of expedite treatment could reasonably be expected to pose an imminent threat to the life or physical safety of the individual
2- an urgency to inform the public about an actual or alleged federal government activity, if made by a person primarily engage in disseminating information
3- the loss of substantial due process rights
4- a matter of widespread and exceptional media interest in which there excites possible question about the governments integrity which affects public confidence.
Thanks a million Jason
Typically, we try to say #1 and include an order indicating that there is an upcoming court date, and that we need the documents by that time. You can also list another of those if you think it applies and have some evidence to support your claim. Take care, Jason
Hi. New asylum rule says if applicant didn’t get approval from interview, EAD will terminate immediately. Does this apply for 2016 applications? If so what is next for us?
That is not the new rule. If the case is denied, the EAD is terminated, but if the case is referred to court, the EAD is still valid and you can renew it as before. Take care, Jason
I just confused. There are 3 or 2 possibilities.
1. Approval
2. Refer to court
If 3rd one denied. What will happen?
Or just 2 possiblities???
If you are in status and the case is denied, you get a Notice of Intent to Deny, which you can respond to, and hope they change their mind, but if they still deny, the case is over and you continue in whatever status you have. When that status expires, you are supposed to leave the US, or you can file again for asylum. If the case is denied and you are out of status, you get sent to the Immigration Court. Those are the two options if you are denied at the asylum office. Take care, Jason
I understood that When out of status applicant get denied, it will refer to court and must apply new EAD? Basically work authorization will continue somehow?
If you get referred to court, the EAD remains valid until it expires. You can apply to renew that EAD as early as 180 days before it expires. Basically, if you get sent to court, you can continue to renew the EAD as before. Take care, Jason
I got some good news from my friend. She had applied for asylum and her case was pending for a long time. In the meantime she won DV lottery. Everyone told her that it is hopeless to claim her DV lottery but she did and got approved along with her husband today.
I had the same situation several years ago, I won DV with pending asylum and all attorneys told me that there was no hope and I didnt claim my DV.
Now I know that every chance must be taken.
There are instances when that can work, but it depends on the facts of the case. Anyway, I am glad it worked for her. Take care, Jason
Hello Jason,
Thank you for the good work you do here . Please i have a concern regarding my current status . My wife applied for an asylum in 2016 and the case has been pending since then . I am currently on H1B and it will max out in January 2020 . Although , my employer has started GC application and hoping to get the Perm approval in the next two to weeks or so and after which they will file i-140/EAD/adjustment of status sometimes in October or early November which i think it will be close to when my H1B will max out . Now , I am thinking of applying for an EAD through my spouse pending asylum case but my fear is if it is going have any negative impact during Adjustment of status ?
If you are a dependent on her case, you can file for an EAD based on the pending asylum. It should have no effect on an adjustment case. Also, an H1b visa can be extended beyond 6 years if the I-140 is approved (or maybe even before it is approved – I do not do such cases, and so I am not sure, but you might ask the employment immigration lawyer). Take care, Jason
Hello, Jason, I have a question about driver license. I am in the pending status for the asylum. I want to get my driver license during this time. Do I have a right to apply for driver license and which state provides it? I do have SSN and I-94 number.
Thank you
It varies by state, but most states require either that you are in lawful status (and if your only “status” is asylum pending, that does not count) or you have a valid work permit/EAD. Maybe the DMV website has some advice about what you need, or you can try to talk to someone there, if possible. Take care, Jason
Hello Jason,
I have a question. I recently applied for my EAD renewal. My current EAD expires on November and will I receive the new card after or before my current EAD expires?
Thank You.
New cards are arriving slowly, so there is no way to predict that, but they often take 5 to 7 months. The receipt for the new EAD automatically extends the old card by 180 days, so you should be fine. Take care, Jason
Jason, as you may know trump had banned dv lottery winners to claim their GC. My friend had the same situation, his interview was cancelled in March. Yesterday embassies started processing dv visas again. But not sure if you can enter the US even if you have a dv visa. Do you have any info on that?
My understanding is that you can, but I have not really looked into it closely, so I am not completely sure. Probably, he will have to start processing the case and see what happens. Take care, Jason
Hello Jason,
Thank you for you support. I have interview for my asylum case scheduled by the end of this month, would you please advise me on how do I prepare for the interview? I remember you had a blog some time ago of an X- Asylum Officer who explained of what would the asylum officer looking for in the interview. would direct me to that blog?
Thank you.
Hi amigo. Please share state and application date. Good luck
Hi Jack,
This is my first interview schedule, my application was submitted on March 2nd, 2016. Thanks
Good luck which state please???
Hi Amigo,
Thanks for sharing your info.
But did you escalate your case?
How come you have been scheduled for the interview while others submitted their cases in 2016 as well are still waiting for their interview?
Thanks,
I did a blog about the interview on September 8, 2016. There is also one from a former asylum officer on March 21, 2018. Good luck with the interview, Jason
Thank you, Jason!
Scammers calling via 202-[deleted] this number claiming from USCIS office. Be careful
Sorry, while I appreciate the warning, we cannot have unknown phone numbers listed on this website. Take care, Jason
Jason,
I appreciate your answers on my questions that I send you a year ago. Now, my situation is getting more tricky. As I mentioned in previously I had pending F1 visa and Master hearing at same time. In meantime my F1 was approved and I get sponsorship for PERM based green card process. Just after we submit the I-140 we send letter to judge asking for motion of termination of removal processing or put on status docked. Motion was denied and trial reschedule for 14 months by the Judge with comments that I didn’t identified any statutory or regulatory bases in allow to termination calling up on Matter of S-O-G & F-D-B,27 I&N Dec. 462 (A.G. 2018). One week after motion begins denied I-140 was approved. My question is what are the chances that if we appeal on Judge decision and send her evidence of approved I-140 that Judge will terminate removal? What are the grounds for denial? Can we apply for I-485 while having Judge pending Individual rescheduled hearing in 14 months? Thanks in advance for your reply.
You would need to have a lawyer review the specifics of your case. An approved I-140 is not sufficient unless you are also eligible to adjust status in the US. My guess is that you are not – your case is in Immigration Court, and this generally means that you are out of status. If you are out of status, you are not normally able to get a green card inside the US (i.e., adjust status) and you have to leave to get the GC at a US embassy. There are exceptions to this rule – some people can get a GC without leaving. Other people are not eligible for a GC even if they do leave. For these reasons, you need a lawyer to review the specific situation and find the best path forward. Take care, Jason
Jason,
Thanks for your reply.
While applying for asylum I had a pending F1 visa and extension of B2. F1 status was approved and all B2 extensions were approved. I kept my valid status of F1 for all the time. Reason I end up in the immigration court was that they didn’t accept pending cas as valid at that time. How can this be resolved with IJ? I can prove that I was in status for all of this time.
If you can prove that you were in status the whole time, then the NTA may be incorrect. It is the government’s burden to prove by “clear and convincing” evidence that you are deportable (out of status), and so they have to prove this point. Normally, it is obvious that the person is out of status, but not always, and so at the Master Calendar Hearing, you can deny deportability (also called removability) and then the government has to prove this. If they cannot prove it, the judge should dismiss the case. Take care, Jason
Hi Jason hope you are doing well. I have a quick
Question here we have applied for asylum in 2017 we have our interview in April 2018 under new rule which was LIFO. Still we have not received our decision every time our lawyer inquired about our case they said it’s pending our case is in Chicago.
Please advise us what we can do in this situation.
Regards.
You can also inquire via the USCIS Ombudsman – a link is at right. That is unlikely to help, but you never know, and it is free and will not do any harm. If nothing else works, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Hi Jason,
Real ID is to travel by land. Can I cross the border with that and reenter or must I need RTD associated with it.
Thanks,
If your only status is asylum granted, my understanding is that you need an RTD to re-enter the US. I would not feel confident trying to re-enter with only the asylum approval documents and/or EAD. Take care, Jason
Hi Jason,
Good day to you.
I have got asylum approval on last December2019 and going to apply for green card on next december.
I have few properties in my country Bangladesh and want to sell those from here in newyork.In that circumstances can I use facilities here our bangladesh consulate to transfer or sell my properties since I am not able to go back to my country.Many thanks for your continuous supports on us.
If using the embassy might cause USCIS to think your asylum case was fake, then I think you should be careful. I doubt that would happen, but I do not know your asylum case or exactly you need to interact with the embassy. Take care, Jason
hello janson,
pls help me with your answers.
here is timeline
approved asylum sep-2018
got gc in jan 2020. with start date
mine from jan -2019
my partner’s from jan 2018
whats the reason might be for the different start dates. by what date we can apply for citizenship.
need to go with gc start date or asylum approved date?
our passports are expired, can we travel to 3rd country with RTD. will it be the problem if we have expired passports to enter to 3rd country nd come back.
thank you for your help.
The dates may be different because USCIS completed the cases at different times. Assuming all other conditions are met, you can file for citizenship 5 years after the date printed on the green card. The current rule is that you can mail the N-400 to USCIS 90 days before your 5-year anniversary, but that may change, so you will have to check when it is time to apply. As for travel, many countries accept the RTD and many do not. You will have to check with the country where you are going, and obviously, there are risks if you go to your home country. As long as the RTD is valid, you should have no problem re-entering the US. Take care, Jason
Hi Jason,
If I applied for asylum when my kid was minor and it is granted when he is no more. Will he be able to get joint me ?
Thanks,
Yes – it is called the child status protection act. As long as the child was unmarried and under 21 years old on the day your asylum was filed, he should be able to join you, even if he is over 21 when the case is approved. Take care, Jason
Hi Jason ,
God bless your amazing work
I have filed my Asylum case On June 2 This year and I have received the receipt notice as well last month.
I have logged on the USCIS website to check the next steps and I have found this message “ You must have an application pending for at least 150 days before you can apply for a work permit, which is called an Employment Authorization Document (EAD).”
Is that correct ? I have heard that people who filed for Asylum this year after March will have to wait one year to apply for the “EAD” so why the USCIS website is saying only 150 days??
There is some confusion about the new rules within the immigration-lawyer community, but most people (including me) think that you would have to wait one year. There is a lawsuit pending to try to block the new rule, but I have not heard any news about that lately. When the 150 days arrives, you should look into the status of the new rule and then decide what to do. Why the USCIS website still says 150 days, I do not know, but they have not always been great about updating what needs to be updated. Take care, Jason
Hello Jason, I have checked most presidential proclamations regarding Coronavirus travel restriction. Also checked some U.S embassies travel information to the United States. Nowhere I found a mention of people with Refugee Travel Document and if they are allowed to return or not. Go ahead and check this U.S embassy in Belgium page.
https://be.usembassy.gov/information-about-covid-19-and-travel-to-the-us/
They mention all the categories U.S. Citizen, Lawful Permanent Resident…etc. However again no mention of holders of Refugee Travel Documents. Did the government forget to put any info in the proclamations or they just do not care about us. There are thousands of holders of RTDs and yet no reference to them. It is strange .
I have noticed that as well. It would be helpful if the government provided guidance for people with RTDs and why they do not, I do not know. However, as far as I know, people with a valid RTD are able to re-enter the US, and I have not heard about anyone being unable to return here. Of course, it would be comforting to have that in writing, but as far as I remember, I have not specifically seen that on any of the government announcements. Take care, Jason
Hi Jason ,
God bless your amazing work
I have filed my Asylum case On June 2 This year and I have received the receipt notice as well last month.
I have logged on the USCIS website to check the next steps and I have found this message “ You must have an application pending for at least 150 days before you can apply for a work permit, which is called an Employment Authorization Document (EAD).”
Is that correct ? I have heard that people who filed for Asylum this year after March will have to wait one year to apply for the “EAD” so why the USCIS website is saying only 150 days??
Hello Jason, I am an asylee and my case was granted. I would like to know what is the safest document to travel with domestically in the U.S. For Instance, I can fly with my State ID but if I am required to prove further my status Is my work authorization sufficient or should I take my home country passport or my U.S refugee travel document? I am trying to as safe as I could be.
My opinion is that you should have everything, or at least copies of everything. Certainly you need your State ID and your work permit. That should be enough, but it does not hurt to have a copy of the asylum approval, in case you need it. And your passport too, in the (unlikely) event that you are asked about it. Take care, Jason
Thank you Jason for your prompt response. I have been trying to read your post on March 7, 2018 all to no avail. Kindly send the link.. Moreso, I wanted to know maybe I was the cause for the denial because I recently processed admission to College to start my nursing program and I filled financial aid. I got a response from my school that USICS could not determine my immigration status and we got the letter after 3 weeks. Could that be the reason for the denial?
Sorry, I am not sure what post you mean – maybe remind me what it was about and I can try to help. Meanwhile, on the upper rate page of the blog should be a box to search posts by month. Take care, Jason
Hi Jason,
My asylum case has been approved from NJ office 10 months ago. But I moved to Texas and will apply for green card as Texas resident.
I was wondering if that may cause any difficulties to obtain my green card as I heard that Tx asylum office is very difficult office for asylum.
Will I be affected by that or the green card application is a federal process and will not be affected where I live when I apply for the green card?
Thank you
I do not see how that move will have any effect. If you did not do so, make sure you filed the change of address form, AR-11, available at http://www.uscis.gov, which is required of every non-citizen. Take care, Jason
Jason, I am an asylee. I know that asylee can work without an EAD. But, not all employers know that. And it is taking a long time to process both EADs and GCs.
My EAD expires in April of 2021. I dont know how long will it take to get an EAD with this chaos in USCIS. Someone told me that I should app for a special EAD for asylees which is faster to get. Can I apply for it now even if I have more than 8 months until it expires?
As far as I know, the soonest you can file to renew is 180 days before the old card expires. The receipt for the renewal will also extend your old EAD for 180 days (and perhaps for longer than that if USCIS continues to have problems producing new cards), so if you file to renew on time, you should be fine – it is not taking a full year to get the new card. In addition, you are probably eligible by now to apply for a green card, and so you might want to do that as well. Fees are changing on October 2, and after that, you will not be able to get a “free” EAD when you apply for the GC, so if you are eligible for the new EAD before October 2, you might want to file then, as it will save money. Take care, Jason
Hi Jason… Firstly thanks for answering questions…
Jason my case is little complicated… I entered to the United States legally on 20th of June 2019… I have applied for an asylum at the beginning of June 2020 and on the paper that I received from USCIS says that they received my application on 21st of June after one day of arrival to the United States… I don’t know why they put that date actually on my tracking from Fedex says they received it 5th of June… My question is with all new rules with a work authorization will I still be eligible to apply Work Permit after waiting 365 days…and Jason do you know why Uscis especially put that date… will that be a problem with my case… thanks one more time…
That is strange – you will be fine for purposes of the one-year asylum filing rule, as long as you have proof about the mailing date. Whether it will cause problems for the EAD, I am not sure, as we do not know how USCIS will be adjudicating these types of cases. We will know a lot more about this in the coming months, and so maybe you want to see how this works itself out, and then, if need be, you can hire a lawyer to help with the EAD application. Take care, Jason
I have a proof of mailing date… still if they say you applied after one year arrival Is that means I am not eligible to apply EAD…
I have not seen guidance about how this will apply to the EAD application. In terms of the asylum application, you should be fine. See 8 C.F.R. § 208.4(a)(5)(ii), which basically says that the application is considered timely filed for purposes of the one-year bar if it is postmarked on or before the one year deadline, even if it is received after the deadline. Maybe this could be applied as well to the EAD application, but I do not know. Take care, Jason
Hi jason thanks for your great help ,
i have panding asylum case since 2018 . while i am also waiting for my i 130 .form us citizen parent . yesterday my father receive a approval notice that my i 130 203(a)(1) INA petition is approved at uscis and case is sent to NVC for further proceeding. Nvc will contact the beneficiary for any documents needed to proceed the case and for interview at consular .i am confused how it will work i am already in usa .how the interview and everything will workout .please help .
If you are under 21, you are an immediate relative and can probably process the GC in the US. If you are over 21, you probably have to leave. There are exceptions to these rules, and some people may not be eligible at all, so you might want to talk to a lawyer to see how to proceed. Also, I did blog posts on August 8, 2018, August 28, 2018, and September 6, 2018 that might help. Take care, Jason
Hello Jason, I am an asylee. I still do not have a green card but I do have a valid Refugee Travel Document (RTD). I would like travel to Europe and the United Kingdom but I am afraid of any troubles when trying to
re-enter the U.S. Have you had any of your clients with valid RTD traveling and re-entering the U.S recently ? like this month or last month. Please share you insight and any advices sir.
Maybe not very recently, but unless travel is stopped for everyone due to coronavirus, you can re-enter the US as long as your RTD is valid. None of my clients has ever had a problem doing that, and I have never heard about anyone being blocked. So as long as the RTD is valid, you should be able to re-enter. Take care, Jason
Hi Jason ,Iam in contact with my city senator to expedite my pending asylum to be expedited.lately received a response from USCIS but there were a phrase in their letter make me worried “Mr……….request has been escalated and reviewed. Mr………final decision cannot be expedited at this time. This case has unresolved issues that have resulted in an adjudication delay. We are unable to determine at this time when the review process for this application will be completed” my question is what do they mean by ESCALATED .thank you
Maybe they sent the case to headquarters? I did a post listing some reasons for this on October 20, 2015. If your case is at headquarters, I think the average delay there is about a year, at least that was the case last time I heard (which is a couple years ago now). On the other hand, the statement may just mean the case is with a supervisor. It is difficult to know. Take care, Jason
trying to find your October 15,2016 article but no luck
Here is the link: https://www.asylumist.com/2015/10/20/asylum-case-delayed-forever-here-are-some-possible-reasons/. Take care, Jason
GHASSAN, I believe there is nothing to worry USCIS have their own processes (Which we don’t know exactly) and it’s not under hand. One case goes to different people under different stages. Maybe they didn’t receive clearance from other departments so be patient and be positive hopefully you will get a positive news very soon
JASON ,ASYLEE ,
thank you for the explanation,
Jason trying to find your October 15,2015 article regarding this .
Jason. Did the house just passed the bill which will prevent uscis from furlough?
I heard that, but unless the Senate also passes a bill, there is no effect, and it does not seem that the Senate will work on the matter in the near future. We will have to see what happens. Take care, Jason
Hi Jason , Can I eligible for unemployment benefit under Asylum seeker , because due to covid19 I am not working as driver for UBER & LYFT . The buissness is very slow and danger to work as A driver .
Please let me know if it is YES to claim benefits , is there any issues in future to get GC or Citizenship . I am not working since March in Dallas area and buissness is very dull so I am not working as a driver .
Thanks Jason .
If you are eligible for unemployment benefits, you can get them. It has no effect on an asylum case or if you win asylum and apply for a green card and citizenship based on that. If you apply for a GC on some other basis (such as marriage to a US citizen), unemployment benefits also have no effect. However, the fact that you are not employed would be a factor that is considered in the public charge analysis. Take care, Jason
I received a letter from the USICS today they have referred our case to Immigration court. What is my family chances of granted this asylum, and what are the things we can be preparing for?
I am sorry for the news – I did a post about the process in court on March 7, 2018. That may help. I have done many cases for people who were denied at the asylum office, and it is certainly still possible to win a case in court. I do recommend you have a lawyer, as court cases are more complicated and the chances of winning go down if you do not have a lawyer. Take care, Jason
Hi Jason,
I will apply to green card based on approved asylum soon. My question is regarding the one year physical presence in the states after the approval.
I have never left the states since I came here and applied for the asylum.
Do I need to submit evidences for the physical presence with my green card application?
If the answer is yes, what kind of proofs?
The issue is that I don’t work and the rent lease and all bills are under my husband’s name. So, it is hard for me to find evidence under my name.
What I should do?
Thanks a lot
We normally only submit such evidence if USCIS asks for it, which they never have (at least for my cases so far). So I would not submit such evidence now. If they need it, and you have a passport, you can show that – it indicates that you have no recent stamps for travel. Also, you can get letters from people who know you and can testify that you did not travel. I do not think they will ask you, but if they do, this type of evidence should suffice. Take care, Jason
Hey Jason ,do I need to pay for my refugee travel document while my green card application is still pending ?coz I heard that the RTD fee gets waived while you already paid for your I 485 and it is still pending .Do you have any information about this ?Thank you
If you send the I-485 and the I-131 together, you should not have to pay extra. But if you are applying later, and you use the I-485 receipt in lieu of payment, it does not always work (at least in my experience). If this is a second RTD and you already got the first RTD using the fee from the I-485, I think it will not work, but you can try. My experience is that USCIS does not always act consistently for these types of applications, but you can try. If new rules go into effect (scheduled for October 2), you will have to pay for the RTD separately from the green card. Take care, Jason
Hi Jason,
My driver licence expire in 2022 but the has the expired date on the previous EAD 02/2020 on it.
1. I wanted to apply for a new one to get the new EAD date 02/2022 on it, can I do that?
2. Am I eligible for enhance ID as an asylum seeker since my passport will expire in couple of months? In NYS
Thank you for help
Sorry – I do not understand the question. You can apply for a new EAD up to 180 days before the old EAD expires, and normally, for asylum seekers, most DMVs will match your license to the expiration date on your EAD. Take care, Jason
According to for I-131 instructions you don’t need to pay fee if you are have already applied for form I-485 but don’t forgot to attached a copy of receipt of I-485. I did the same and they accepted it and I also believe they have same procedures in all of their offices
I have done that as well, but we had at least one case where USCIS rejected it. Also, note that fees are changing on October 2, and after that, it seems you will have to pay for the I-131 (and the I-765) separate from the I-485. Take care, Jason