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,
Do you think Biden administration would reverse Last In, First Out? I have been for interview since Feb 2017. Would it help me get an interview faster?
My preference would be to go back to FIFO, bring back the scheduling bulletin (so we have an idea when cases will be interviewed), and make it easier to expedite emergency cases. I have not heard any news about that, and I suspect it is a decision that will be made at a much lower level. I am not sure how other lawyers feel, but that is my opinion and I will be advocating for FIFO. Take care, Jason
Forgot to mention that my EAD based on pending asylum case
Hi Jason;
Quick question; I have applied for renewal of EAD on August….at that time they were not asking to pay for biometric fees 85; right? Because I was checking their website today and I found that I have to pay 85 dollar….I just paid 410 at that time and they send me the notice that they received it….what will happen in case i made a mistake and I did not pay the 85 ….but what I remember that they changed the rules after I submitted my application.
Thanks alot
I think if the application was mailed before the effective date of the new fee rule, USCIS will process it normally. If you received the receipt, that probably means you are fine. Take care, Jason
Hello Jason, Hope you are doing great!
Our asylum interview is pending with the VA office since Feb 2015 any hope for getting an interview soon.
Have a wonderful day.
We have been seeing cases from 2016 being interviewed. It seems they are being selected randomly and I have no idea why they skipped 2015 cases. Maybe you want to try to expedite since there is some movement at that office. I wrote about expediting on March 30, 2017. Take care, Jason
Hi Jason. I have Pending asylum application no interview yet. Do I have to pay $85 for biometric for 3rd ead renewal . Or just $410?
2.Q: Other than Application form , 2 photos and old ead copy . Is there anything else?
These days, it is just not a simple question. Most people have to pay the biometrics fee, meaning the total is $495, but you have to check the instructions to be certain. As for the documents, you need the documents listed, but others as well, including proof that your case was filed (like the receipt). Other documents may be needed as well – you have to check the I-765 instructions, available at http://www.uscis.gov. Take care, Jason
Hello Jason,
Now Biden won the election. What do you think would be the fate for pending asylum applicants?
Thank you!
Hello Jason,
I have a question. 3 months back I applied for my EAD renewal and today when I check the case status with my EAD receipt number it shows like this “Case Was Updated To Show Fingerprints Were Taken”
what does this mean?
Thank you,
Shaz.
It probably just means they re-used the fingerprints that they took previously and are still processing the EAD. Take care, Jason
I will try to write on this subject when things become more clear, but the system was a mess before Trump and before coronavirus, and I do not think a Biden Administration will be able to easily fix things. In terms of regulatory changes that affect the ability to win asylum cases, Biden has signaled that he will roll back many of the Trump Administration changes that made things more difficult. We will hope for the best. Take care, Jason
Hello Jason, if Joe Biden becomes a president, what would change for asylees with approved asylum? As an asylee, can I travel now with peace of mind that I can return to the U.S with the right documentation like RTD? Does Joe Biden means now sudden change of regulations and travel bans? I hope you give some light on what is going on.
If Biden comes into office, I do not see any effect on people with asylum granted. The only issue might be coronavirus-related travel bans. Otherwise, people with asylum can travel now using an RTD. I expect a Biden Administration would more carefully follow the law, which will make things easier for I-730 petitions and GC applications. But otherwise, for people with asylum already granted, I do not see any major changes that might be made during a Biden Presidency. Take care, Jason
Congrats all,
Though unofficial yet but Biden has won!
I hope now America will truly be great.
God bless America!
Hay Jason, we need an updated blog on what happens now, looks like Biden is winning. You wrote about it a few blogs ago, but now since it is getting clear, we may be able to assume what is really gonna happen if Biden is in the white house. thanks.
Hello Jason,
I have a question. 3 months back I applied for my EAD renewal and today when I check the case status with my EAD receipt number it shows like this “Case Was Updated To Show Fingerprints Were Taken”
what does this mean?
Thank you,
Shaz.
It probably just means they re-used the fingerprints that they took previously and are still processing the EAD. Take care, Jason
Hi Jason,
Hope all is well with you l.
I need to know what’s meaning by that decision
The Attorney General has issued a decision in Matter of NEGUSIE, 28 I&N Dec. 120 (A.G. 2020).
(1) The bar to eligibility for asylum and withholding of removal based on the persecution of others does not include an exception for coercion or duress.
(2) The Department of Homeland Security does not have an evidentiary burden to show that an applicant is ineligible for asylum and withholding of removal based on the persecution of others. If evidence in the record indicates the persecutor bar may apply, the applicant bears the burden of proving by a preponderance of the evidence that it does not.
Hi Jason,
Hope your doing good.
I got my green card through asylee status. Now am planning to visit my friend in Canada. So Can I travel to canada without canadian visa or without RTD.
Thanks,
John
I think so, but I am not sure. I imagine if you check the Canadian embassy website, you will see whether GC holders can enter using only the GC, or if they need something else. In terms of returning to the US, you can use the GC alone. Take care, Jason
So no need of RTD when returning to US.
Jason, I am asylee with approved asylum. I will be applying for a GC soon.
Today I received a letter from USCIS with an invitation to visit the office. But I did not apply for I-94 or Infopass.
The letter states:
“This is G-56 notice. Finalize I-94 and pick up. Bring photo ID and passport style photos.”
It sounds to me like they are giving you a time to come pick up your I-94 (a paper that indicates you have asylum status in the US). Normally, they can send it to you, but maybe there was some issue and they did not send it. It is good to have the I-94, and so I think you should pick it up. Take care, Jason
Jason, thanks so much for your prompt response and explanation.
I guess it is a good idea to have it even though I never requested it.
Hello Jason,
Hope you doing good. I want to know one thing. I have applied for ead renewal work permit in may and received the receipt saying that if u dnt get the ead card before expire so this receipt will give u 180 days. Now that 180 days is expiring in dec start and i dont get my renewal ead card. What should i do?? Where should i contact or i should not contact. Please guide me. Thanks
You can try to call USCIS and navigate their phone maze. Sometimes if you talk to a person, they can help: 800-375-5283. Good luck, Jason
Thanks but is it normal? Coz i check the status now they r processing july 2020 and mine was in may 2020.
Please guide me. I called that no after taking my receipt no thy just provided me the date when received. Thy didnt let me to talk to the person/agent.
Please guide me thanks.
We are seeing the same thing for many people, so I think it is normal. You can try to call USCIS to see if they might be able to give you more info: 800-375-5283. But I think you are fine. Take care, Jason
Hi, thanks for your support. Just a quick one. Is it okay ko request them online or emaill if any. Or if i submit a request online?
Thanks
I think you can make an inquiry online, but we do that by phone if the case is beyond the processing time. You can also try the USCIS Ombudsman (a link is at right), but that would be for a case beyond the normal processing time. Take care, Jason
Hi,
I tried the no u have me its same no live agent. I tried playing but unable to speak to someone. I am just worried coz they are processing July and my was in may so y i didnot get it. I just need to sent them reminder if u think its okay then i will sent online request coz phone system only telling my receiving date.
Thanks
You can try online too – these days, the more things you try, the better your chance to reach someone. They are making it as difficult as possible. Good luck, Jason
Hello Jason, I am an asylee with a Refugee Travel Document and I am filing for my Green Card in few days. More than a year has passed since I received my asylum approval and I am now eligible to apply to adjust my status and file my I-485. I am wondering about travel while my Asylum based Green Card is pending. I am very worried that USCIS website says the following:
Travel outside of the United States may have severe consequences if you are in the process of adjusting your status (applying for a Green Card). In general, if you are seeking immigrant status (a Green Card) and depart the United States without the appropriate documentation (i.e. advance parole) you may be inadmissible to the United States upon return, or even if admitted, you may be found to have abandoned your application.
How risky it is to travel with my valid refugee travel document and return to the U.S while my Green card application is pending?
As long as you have a valid RTD and are aware of any coronavirus restrictions on travel, there is no problem. Also, you have to come to the US if you are scheduled for an interview or fingerprint appointment, and don’t go to your home country. Otherwise, the GC process is very slow (probably 1 to 3 years) and so you may need to travel during that time, which is fine if you have the valid RTD. Take care, Jason
Dear Jason,
My aunt married a US citizen and has a pending asylum case. Her asylum case had been pending for several years. Is it a easier process to change to this new application?
It depends on the case, but in general, if she entered the US legally with a visa, it is easier to do the marriage case. I wrote about this on August 6, 2018. Take care, Jason
Hi Jason. Do I need to add photos for advance parole application? Is there anything such as ID, passport or any extra documents other than application form?
It depends on the basis for AP – if it is based on asylum pending, you need to show a humanitarian need. I wrote about that on September 11, 2017. We always include 2 photos with the application, but I have not read the instruction form lately and maybe we just do that because we always did it that way. If you check the form it should tell you, but I think it is still required (I-131, available at http://www.uscis.gov). Take care, Jason
Jason, I have recently moved and was trying to file for Change of Address with USCIS.
I am an asylee, will be applying for a GC coming March hopefully, currently I have applied for special EAD for asylees but did not receive any letter yet.
On Change of Address there is a question: Have you filed an immigration-related application or petition and have not yet received a decision notice, card, or document?
Not sure how to answer this based on my situation described above.
Thanks for your help.
I think that question wants to know if you have any applications currently pending. It sounds like you filed an EAD (form I-765) and that is currently pending, so you should list that. If there are any others currently pending, you can list those as well, but it sounds like that is it. Take care, Jason
So since I am an asylee and have applied for a new EAD based on my approved case, should I indicate A05 instead of I765 ?
Thanks a lot Jason.
Your new category for an EAD is a-5, correct (the old category was c-8 for asylum pending). Take care, Jason
Jason, thank you so much.
Jason, is trump is trying to include asylees and asylum seekers in Public Charge Rule?
This is what I just read:
A Judge Blocked A Trump Policy That Allowed Officials To Deny Residency To Immigrants Who Might Use Public Benefits
https://www.buzzfeednews.com/amphtml/hamedaleaziz/judge-blocks-trump-public-charge-immigration-policy
The rule is blocked (for the second time). How long that will last, I do not know. But regardless, the public charge rule never applied to asylees who seek a green card based on their asylum status. Take care, Jason
God bless you Jason!
I highly appreciate your great work for the asylee.
I will ask a quick question,
1- How much time DOS Takes to process visa processing and send Documents to the embassy in applicant’s country?
Stay blessed !
Regards
The National Visa Center (NVC)? I have not done a case there in a few months, but typically, it takes 2 or 3 months. These days. I would not be surprised if it takes longer, but hopefully it won’t be too bad. Also, the embassy processing times are variable, so you have to be patient, but hopefully it will move along. Take care, Jason
Thank you Jason. You have always been helpful. God bless you. Regards
Hi Jason… thanks for answering questions… I have one question… I applied for an asylum this summer… and planning to apply work permit by an Asap next month… Right now I have my social security number… and I am doing ride share (uber, lyft,amazon) on the side… do you think this would be a problem for me while to get EAD… cause they might tell me why you worked on the side even if you don’t have a work permit… (Also I am filling all my taxes without being late or without any problem…) thanks again…
Working without permission has not been a problem for asylum cases in the past. However, new regulations will make it a negative discretionary factor, if those regulations go into effect (I think they are currently subject to a lawsuit). Also, as far as I remember, unauthorized work should have no effect on the application for your EAD. Take care, Jason
Hi Jason,
Pls under what category of race or tribe would I categorized my baby that was born here In United States being his parent from Yoruba tribe.
For the I-589? If you consider him Yoruba, you could list that as his race, tribe or ethnic group. I guess you could also say African-American. It is a weird question, really, and I think if you give any reasonable answer, you will be fine. Take care, Jason
Hello Jason, I am an asylee and my asylum was approved last year. I am now applying for asylee based green card. I read on USCIS website that Asylum based Green Card require a USCIS discretion. For them to grant it, an applicant must meet the requirements and positive factors must outweigh the negative factors. So what is considered a negative factors? I am an asylee with no criminal recorded. Never been arrested. entered the U.S with visa and inspected and admitted at airport. I only have one speeding infraction that I am addressing in traffic court.
For instance, Is the fact that I receive unemployment insurance because I am unemployed due COVID19 a negative factor? also is receiving healthcare through public programs like Medicare or Medical considered a negative factor? I am worried and I hope you give some advice.
There is nothing to worry about based on what you said. The points you mentioned are not negative factors, and the fact that you are an asylee counts as a strong positive factor. Unless you are a criminal or terrorist, you should not have any problem. Take care, Jason
Dear sir, We live in Bronx, New York and applied for asylum November 2016. Still waiting for interview:
1, could you please help us to know when we can expect interview.
2. Now we are planning to move to the Buffalo buying a house. Does it will affect our USCIS interview for changing location and schedule.
Please help us.
Thank you
1 – There is no way to know, unfortunately. If you have a reason, you can try to expedite. I wrote about that on March 30, 2017. 2 – After you move, you have to file a change of address form, AR-11, available at http://www.uscis.gov. It may cause your asylum office to change. You can check that by entering your old and new zip codes into the Asylum Office Locator – a link is at right. Take care, Jason
Hello Sir Jason, I received my asylum last year and now I apply for green card this month. Sir I see on the news the new supreme court Justice Amy. I am very worried if they change their mind about asylum and take asylum away from people who have it like me. Or if they change green card conditions. Sir is green guaranteed for asylee who received approval from asylum office ?
I think you have nothing to worry about. President Trump has not changed the laws – he has changed how the laws are interpreted. I do not see why you should have any problem getting a GC and later, if you want, becoming a citizen. Take care, Jason
Dear Jason,
My asylum case is still pending and my wife is a US citizen! We have a plan to get married officially so that I get my green through her! But she divorced her previous husband recently(like 5 months). So can I get my green card through her although she divorced recently??? In other word, is there a time limit to marry someone & get a green card while that person divorced recently??? Thanks!!
I wrote about marriage to a US citizen on August 6, 2018 – maybe that would help. In terms of the divorce and re-marriage, I think most states do not have a time limit, but I do not know. You can call the clerk of your local state court (who officiates marriages) and ask. If your wife got her own immigration status in the US based on marriage, then there is a waiting period before she can file for a new spouse, so you should talk to a lawyer if that is the situation. Take care, Jason
Hi Jason
Would it be ok if i ask for advice pertaining EAD here ?
I am a pending asylee here in US along with my wife and kids,
Like some, i got affected by 22nd August USCIS new EAD rule making me eligible to apply for EAD after “365 days” of applying for asylum.
I was originally subject to complete my 150 days on November 20th 2020.
However, the preliminary injunction rule at Maryland court got me hope and i applied for ASAP membership 2 weeks ago and I got membership last week (The whole process for membership “after” 22nd August 2020). So if you could, would you please guide me on following?
1. Any recent knowledge if someone in situation like me got EAD after 22nd August 2020 ?
2. Can I apply EAD for my wife and 2 kids (under 18) so that they may also get Social Security ? Separate Applications for each?
3. Can i mail the EAD application 2 or 3 days prior to finishing of 150 days (to save USPS mailing delays) or do i mail USCIS exactly on 151st day?
Thank you
1 – I do not know anyone who got an EAD, but some have applied (and have not been rejected – but I do not think any of our clients have yet received receipts). 2 – As long as they are all dependents on the case, they can apply. Each person needs their own application and I presume each needs to be a member of ASAP or Casa. 3 – Any time after 150th day is fine, as long as you are a member. Take care, Jason
HI Jason,
I hope you are doing well.
I have applied Asylum in 2017, still waiting for the interview.
1. Recently we blessed with baby, do we need to notify the asylum office about our kid?
2. my parents would to visit to see my baby, they live in my home country. they can apply B2 Visa? OR is there any other possibilities?
Thank you
Congratulations on the baby! 1 – You can tell the asylum office at the interview and bring the birth certificate as well. 2 – They can apply for a B visa. It may be more difficult to get, since you filed for asylum. But that tends to be a bigger problem for spouses and children, and less of a problem for parents. Nevertheless, the should try to present the strongest case they can in order to hopefully get a visa. Take care, Jason
understood from your precious articles.the new asylum rules Not reproductive.unless the conversation or charging take place after Nov 20.like my my domestic violence case was dismissed on last Jan.Do I have be worry about asylum case?
If the case was dismissed, and it took place last January, the new rules should not apply to you. Nevertheless, the US government can ask you about this issue, and so you should be prepared to explain and have some evidence about rehabilitation and/or good moral character. Take care, Jason
we need your good explication for the new asylum barring rules which issued Oct 20,2020.specially that pat regarding domestic violence even if not convicted
Hi Jason
Is there an process through which I can get a driver’s license in California while my status with asylum is not confirmed. If the international driver’s license expiries in 1 year, what needs to be done to continue driving in the state?
Thanks in advance
I do not know the rules for a license, but in most states, if you have the work permit, you should be able to get the license. In some states, the asylum receipt might be enough, but you would have to contact the DMV to see what they need. Take care, Jason
Hey jason
I made a stupid thing that makes me worry a lot i applied today for dv lottery using my home country passport while j have a pending asylum case here in the US hmm is that could effect bad on my interview or case? Or i shouldn’t worry that much?
My personal experience, I think it does not matter. I am an asylee too and I applied for DV lottery every year before I got my asylum granted.
I would not worry about this – it has no effect on the asylum case, and if the asylum officer asks why you did this, you can easily explain (for example, I wanted to try the lottery and I had to use my passport, but if I win, I would have to figure out how to get the GC without returning to my country). Take care, Jason
Jason, I am an asylee and will be applying for my GC coming February.
My country passport is expiring soon and I don’t want to extend or get a new one. Can I live without it? Will I be able to apply for a Refugee Travel Document and be able to travel without having my country passport?
Thanks in advance.
You do not need the passport in the US, and if you want to travel, you can apply for the RTD. You can apply for that now, but if you apply for the GC in February (and assuming the fees do not change), you can pay for the GC and get the RTD for no extra cost. Not all countries accept the RTD, so you will have to check before you travel. Take care, Jason
Thank you very much for your valuable advice.
Hi. Jason. I saw some people talk about credit report and score when applying for advance parole. I just confused. Is it related for asylum pending applicants. Please give me some details about that. When credit report important for immigrants
It is not relevant to asylum cases or AP. It is now relevant to form I-944, which is required when getting a GC based on a family relationship or a job. Take care, Jason
I have employment based green card interview at 3rd country right after executive order. Nobody asked me for credit report so far? When I have to provide it?
It is part of the form I-944. There was some back-and-forth about the date that that form became required, and so I think if the US government needs that form, they will send you a request for evidence. Take care, Jason
Hi Asyle,
Did you apply for employment based green card while pending asylum interview? Did you go 3rd country for the interview and came back easily with advance payroll? The reason of my question is my employer is also willing to sponsor me for gc. since im waiting for my interview i dont know what is route to have a gc employment based. If you could please guide.?
Thank you.
I did posts about this on August 28, 2018 and September 6, 2018. Maybe those would be helpful, but you will need to talk to a lawyer to see if you are eligible and if it is a good idea. Take care, Jason
Hello Jason,
I am an asylee and filing my green card application next week. I see this requirement:
Evidence of one-year physical presence in the U.S.
I never left the U.S since I got here but I am not sure what USCIS wants as evidence of physical presence. I have few lease contracts and some DMV papers when I applied for certain things through the DMV.
What do you normally submit under this requirement.
Thank you.
If the person has been here the whole time, we do not submit anything and USCIS has never asked. If they do ask, we would submit the lease, maybe a copy of the entire passport showing there are no stamps in the last year, letter from employer, letters from people who know you, letter from you. I think all that would be plenty. If you want to submit something now, maybe the best thing is a letter from you stating that you have not traveled outside the US. That alone will probably be enough. Take care, Jason
Hi Jason,
My question is next, my interview was scheduled and then it was cancelled because of the COVID . Next my status was changed to “interview is being rescheduled”, not it again says “interview is scheduled”. Does it mean it has been scheduled, because I haven’t received any date yet ?
Thanks in advance)
They should send a letter, which sometimes take a few weeks. However, you might want to email them to check on this. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hello Jason. Hope you’re doing well.
I filed for Asylum March 2017 & is still pending my interview. Got married in may 2019 & my spouse is also from my country. (We are from the Caribbean).
However, my now spouse was married before but the i-485 was denied by the uscis because of the J-1 2 year ruling & a few other issues that may have seemed as deliberate misrepresentation. Like lying about being denied a us visa before & that the marriage was not bonified. He was young & unwise & was only focusing on getting his status legal in the US to make sure his mom & dad are taken care of because they made a huge sacrifice to put him through college & to get the J-1 visa for the opportunity to come & work. The application was prepared by someone who claimed they were a “professional document preparer” but unfortunately that happened. So now I filed a derivative form I-589 for my spouse to be added to my case in September 2019 & received a “notice of deficiency” a little over a month after stating why they were unable to accept the i-589 application. Then a couple weeks after which would be the following month, uscis revieved my second form I-589 with all the indicated information that was requested.
• On November 21, 2019, I again received another “Notice of Deficiency”, that stated:
“This office is unable to accept your asylum application as government records
indicate that a decision has already been made.”
• On January 30, 2020, I received a notice from the Miami Asylum Office of the
U.S.C.I.S. requesting I resubmit the requested documents;
So in the first week of March 2020 I refiled the form i-589 with the Miami office as requested. To this date I have not received any receipt notice or any correspondence from them & it’s almost 8 months. A recpiet to say the application was recieved & is pending would be a great relief factor. My spouse has been in the us since 2016. Entered on a J-1 visa but unfortunately didn’t know much about the 2 year ruling, waivers or nothing like that. I know now how much Lawyers are extremely important. Our lawyer made sure to check by calling the number & put in the A-number & there is no removal proceedings for my spouse. We are extremely depressed & suffering from depression. Please advice 😭
I forgot to mention we tried to do a congressional inquiry in July & still nothing. At this moment the Congress office is harder to get through to than uscis. Called & visited tirelessly & no sight of hope.
Maybe the best bet is to send the entire application to the local office. I also think you or your lawyer should reach out to the AILA liaison person (AILA is the American Immigration Lawyers Association). At least in our local office, AILA is very aware of this problem, and they may be able to assist. I do not think a Congressperson would be able to help, but we’ve never tried that in this situation, and so I do not know for sure. Take care, Jason
The process of adding a spouse to an existing case should be easy, but unfortunately, we have found it to be a huge mess. We do as instructed and sometimes it works; other times, it does not work. And I know that this is not just me screwing up (which I do often enough), as the immigration lawyers association has been “talking” to the asylum office about this issue for years, with no real resolution. I think the bottom line is that you need to keep following up with the local asylum office. My guess is that it is difficult to communicate with the Miami office, but you should try – you can find their email if you follow the link at right called Asylum Office Locator, and you should emailing them to see what is happening. Also, if the Service Center fails to add the case, you can file everything directly with Miami and explain in a cover letter that you tried at the service center, but they did not respond. I can say that we were eventually able to add spouses in all the cases, but sometimes it took many months. Good luck, Jason
Thank you so much for this information Jason. I will see how best I can reach out to the AILA. the last action we tried to take on the case was in March when we tried to re file the case with the local office in Miami & still no receipt. I am praying the lawyers association may help. Stay blessed Jason. I will keep you & the forum updated.
My guess that it will work out; it is sometimes just a question of persistence. Good luck, Jason
Hi Jason, I hope you are doing good. Thank you so much for your kind responses and kind comments, those are priceless.
My asylum is pending since the start of 2015. I’m filing my EAD renewal. Last year I got a $200 traffic ticket for driving in the HOV lane which I paid. It does not include any damage/injury/DUI etc.
My question is that should I mention it in my EAD application? Like, select YES that I charged in the EAD application, attach the ticket and its receipt certified copies, and write an explanation letter?
I am a little confuse ever after reading the EAD instruction document for C8 many times.
I think you only need to check yes if you were arrested or committed a crime, and this does not sound like an arrest or a crime. If you want to be extra careful, I suppose you can mention in the supplement page that you receive a traffic ticket and include a copy (and proof that you paid), but check the I-765 instructions, as I think it says that traffic tickets do not need to be reported. Take care, Jason
Hi Jason,
How do I know that the decision of granting my asylum by IJ is final? The judge asked both of the lawyers if they want to appeal they decision and the government attorney firstly said “we waive it”. When I check my case info on the website it says:
There are no future hearings for this case
The Immigration Judge GRANTED an application
An appeal is due by November 6, 2020.
I am really worry and don’t know what do they mean by this “Appeal”! Does the government still have legally the right to appeal or reopen my case? I still have not received the judge’s written decision. Thank you!
If the government lawyer waives appeal, that means that they do not plan to file an appeal and the judge’s order should be final. However, maybe something was not entered correctly into the system. It is possible to call the DHS Office of the Chief Counsel (a link is at right) to confirm whether they will appeal, but it may be better to just wait until after November 6 – if they do not file an appeal, the case is final. Given what the DHS lawyer said, I think there is not much reason to worry. Take care, Jason
Hello Jason,
I Hope you would be in great health, I have few questions, I went to US in 2016 and applied asylum in 2017, but unfortunately I had to come back to my home country because of some serous family concerns without having any asylee travel document. I have few question regarding my case
1) If there is any option that I can return to US to pursue my case?
2) If not so then what to do with my case as it is till active with department?
3) If I have to withdraw the case then how I can do it by staying outside USA?
I would be grateful for your help in this regard
I am assuming you applied for asylum at the Asylum Office, never got a decision, and then left. If so, these are my responses: 1 – You would have to apply for a new visa. Most visas (like a B or F) require that you promise to leave the US after your time here finishes, so the embassy would probably deny those. Other visas (H1b and L, for example) are not affected by whether or not you will leave the US when your visas end, so you may have a better chance to get those. Also, you can just email the embassy in your country and ask if there is anything they can do for you. I doubt it, but you can ask. 2 & 3 – You should contact the Asylum Office, tell them you left the US, and withdraw the case. You can find their contact info if you follow the link at right called Asylum Office Locator). If you do not withdraw the case, they will eventually schedule you for an interview, and when you fail to appear, they will refer you to court. When you fail to appear in court, the judge will order you deported, which will make it harder to return here. Take care, Jason
Hello Jason. Hope you’re doing well.
Please advise.
I filed for Asylum March 2017 & is still pending my interview. Got married in may 2019 & my spouse is also from my country. (We are from the Caribbean).
However, my now spouse was married before but the i-485 was denied by the uscis because of the J-1 2 year ruling & a few other issues that may have seemed as deliberate misrepresentation. Like lying about being denied a us visa before & that the marriage was not bonified. He was young & unwise & was only focusing on getting his status legal in the US to make sure his mom & dad are taken care of because they made a huge sacrifice to put him through college & to get the J-1 visa for the opportunity to come & work. The application was prepared by someone who claimed they were a “professional document preparer” but unfortunately that happened. So now I filed a derivative form I-589 for my spouse to be added to my case in September 2019 & received a “notice of deficiency” a little over a month after stating why they were unable to accept the i-589 application. Then a couple weeks after which would be the following month, uscis revieved my second form I-589 with all the indicated information that was requested.
• On November 21, 2019, I again received another “Notice of Deficiency”, that stated:
“This office is unable to accept your asylum application as government records
indicate that a decision has already been made.”
• On January 30, 2020, I received a notice from the Miami Asylum Office of the
U.S.C.I.S. requesting I resubmit the requested documents;
So in the first week of March 2020 I refiled the form i-589 with the Miami office as requested. To this date I have not received any receipt notice or any correspondence from them & it’s almost 8 months. A recpiet to say the application was recieved & is pending would be a great relief factor. My spouse has been in the us since 2016. Entered on a J-1 visa but unfortunately didn’t know much about the 2 year ruling, waivers or nothing like that. I know now how much Lawyers are extremely important. Our lawyer made sure to check by calling the number & put in the A-number & there is no removal proceedings for my spouse. We are extremely depressed & suffering from depression. Please advice 😭
The process of adding a spouse to an existing case should be easy, but unfortunately, we have found it to be a huge mess. We do as instructed and sometimes it works; other times, it does not work. And I know that this is not just me screwing up (which I do often enough), as the immigration lawyers association has been “talking” to the asylum office about this issue for years, with no real resolution. I think the bottom line is that you need to keep following up with the local asylum office. My guess is that it is difficult to communicate with the Miami office, but you should try – you can find their email if you follow the link at right called Asylum Office Locator, and you should emailing them to see what is happening. Also, if the Service Center fails to add the case, you can file everything directly with Miami and explain in a cover letter that you tried at the service center, but they did not respond. I can say that we were eventually able to add spouses in all the cases, but sometimes it took many months. Good luck, Jason
Hello Jason,
Applied asylum in Oct 2012. Interview in April 2017. Had been getting the EAD’s renewed timely. In fact, had mailed out the renewals on Sept 5th for the EAD cards for the family expiring in around Jan 25th 2021. Got an mail from Asylum office dated Oct 10th that the case has been referred to IJ as we did not meet the 1 year deadline.
Does our case start afresh? Do we need to file a new asylum application with the IJ? Which does not make sense to us.
Would our existing EAD’s still get renewed? Or, do we now have to request the IJ for the EAD’s? I assume that since we have been renewing the EAD’s since 2012 ( and it is not a new asylum application) we do not have to wait for 365 days before applying for renewals. Son has a serious medical condition and it is imperative that we maintain the jobs for the insurance purposes? What is the best way out? Thanks Arun
I am sorry to hear it. You can rely on the old I-589. Depending on your case, you can update the form at the time of your Individual Hearing. We normally do not do that unless there are major changes. As for the EADs, they should renew normally. I think the 365-day rule does not apply, as long as asylum was filed before August 25, 2020 (if I remember correctly). You might double check the I-765 instructions to be sure, but I think you are ok. Take care, Jason
Hi Jason! You are doing great job for asylum seekers. God bless you!
Please tell me for I-730 petition, where family residing outside USA. NVC will What and how inquire or review about wife and children to grant approval?
Please guide. Keep the good work. Regards,
I am not sure I understand the question. You can contact NVC here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html. Also, in December 2019, I did a post with a link to an I-730 manual that is very helpful. You may want to take a look at that. Take care, Jason
hello @ family
would you please share timeline?
when did you file for i730 ?
which service center ?
i am in the same boat
thanks in advance
hello @ family
would you please share the timeline?
when did you file for i730?
which service center?
I am in the same boat
thanks in advance
Hi Jason,
I’ve pending asylum since June 2015 – never been called for interview, my wife and my 2 daughters are on my application my daughters are 8 &10 yrs old. I wanna know is there any way that I can move to Canada ? Or if not then what will the appropriate step should be taken so I will be called for an interview.
Thanks
You would have to talk to a lawyer in Canada about that, but I would definitely not try to go there until you talk to a lawyer first. I have seen people who tried to go get returned to the US and detained. As for your US case, you can try to expedite – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
My question is will my spouse be asked any questions during the interview if she is included in the case and is mentioned in the story as well ?
Thank you in advance
She could be – so she should be prepared to answer questions and should be familiar with the case. More commonly, dependents on the case are only asked the “bar” questions – like, are you a terrorist? Are you a criminal? Etc. Even so, it is better to be prepared in case they have more questions for her. Take care, Jason
My interview took about 5 hours on the first day, then we came back for the second day, which took about 30-45 minutes. After me, my wife was called inside, she was prepared according to her affidavit, but she was asked the normal questions as Jason said, and she came out within a few minutes.
Hi Jason,
I was granted asylum in 2018 and I am about to apply for adjustment of status. My spouse too is an asylum applicant and her interview is still pending. Given that we had filed separately before getting married and my decision came in when she had moved in with me although there is no proof of legal union yet. What options do I have if I want to include her in my application for green card?
If you were not legally married at the time asylum was granted, the only option is to wait to have a GC and then file an I-130 petition for her. Assuming she is out of status (and pending asylum does not count as status), she would probably need to leave the US to get her own GC or wait until you are a US citizen. I wrote about this on August 28, 2018 and that post provides more detail (I wrote about marrying a US citizen on August 6, 2018). Take care, Jason
Hi Jason ,
Appreciate your hard work )
My question is next: is it possible that they could ask for social media access during the interview process ? Or if they check social media for some verifications ?
Thank you in advance )
I have not had that happen in once of my cases, but it is certainly possible that they will ask you for info about that, or that they will independently look at it. I know of at least one asylee that faced termination of his status after USCIS saw (and misinterpreted) a social media post, and so I think you should be careful about what you post. I wrote more about this issue on March 15, 2017. Take care, Jason
Hello Sir, I have my refugee travel document valid till march next year. I want to see family members inTurkey which is not my home country. If I get turkish visa and travel to Turkey in November, Can I still re-enter the United States.
I do not know whether Turkey is affected by the coronavirus restrictions, and you need to check that (maybe the airline can assist with that). As long as there is not a restriction due to the pandemic and your RTD is valid, you can return to the US. Take care, Jason
Hi Jason
Hope you’re having a good day
Just got a question for you if you don’t mind and thanks in advance
I just got my decision in the mail and it says :
-although you have established changed circumstances materially affecting your eligibility for asylum, or extraordinary circumstances directly related to your delay in filing, you failed to file your application within a responsible period of time giving those circumstances.
In the next paragraph the says; this is not a denial of your asylum application. You may request that the judge may consider your asylum application…..
what you think? What’s the best approach for me and my chances from your experience
Thanks a lot
Essentially, they are stating that you filed for asylum too late – you missed the one year filing deadline and did not meet an exception to that rule. I wrote about this issue in January 2017. You will now have to present the case to an Immigration Judge, and you will need to argue that you do meet an exception to the one-year rule, and hopefully you can get some evidence about this. If you have a lawyer, the lawyer should assist with this, as it is a crucial part of the asylum case. Take care, Jason
So Jason, does this now mean that they may be referring cases that were already pending before they had so much emphasis on the 1 year rule along with the new changes? In terms of no interview & just refer you straight to the IJ? If so, maybe that going to create a somewhat shorter wait time on a decision or interview I hope. Even though it might cause more of a backlog in the immigration court for asylum seekers. Or maybe I am just overthinking. Either way, It wouldn’t hurt to see faster processing for Asylum.
I am not sure I understand the question, but sometimes, the Asylum Office will given an applicant the option to skip the interview and go directly to court because the person filed more than one year after arriving in the US. I think this is a bad idea for most people, but it is an option. Also, some interviews are shorter, since the officer asks only about the one-year bar, and if the applicant does not meet an exception to the rule, the interview ends and the applicant is referred to court. All this may help (a bit) to make interviews go more quickly. Take care, Jason
Hello sir. I am waiting for my pending asylum interview. My question is that I am going to renew my and my wife EAD. Can I put one check for 2 people. Or I have to put different check for each applicant. Last time I put all application in one envelope and paid by credit card. Now someone wants to pay to help me. But He can give me just one check. Please answer same question for Advance parole. I got before but couldn’t use it due to covid 19. Now I have to apply again for 3 people. One check or 3 checks?
I have always used one check per person, and I think that is required. But I have never tried to pay for two cases with the same check. I suspect that it will not work, and so I would maybe deposit the check in your account and then write separate checks for each person/application. Also, note that the price of the EAD has been changing – it is currently $495, but check the http://www.uscis.gov website for form I-765 to be sure, as it could change any time. Take care, Jason
Hey Jason,
If the Asylum interview took only one hour does that mean that the officer is not convinced with what the applicant was saying and the case will be denied?
Hey Jasin,
If an Asylum case has been denied by an asylum officer and transferred to immigration court, how long it takes to transfer the case to the immigration court?
It varies, but usually a couple months. It can be longer. You can check your case status by calling 800-898-7180 and entering your Alien number – that will tell you if you have a court date scheduled. Take care, Jason
Not necessarily. If the officer only asked about the one-year filing bar and did not ask about the actual asylum claim, that would be bad. But a short interview is not necessarily a bad sign. Take care, Jason
Hi Jason ,
Trust you are doing well
I have filed for my Asylum in June 2020 and I am currently a member with ASAP I will be able to file for EAD by the end of this month as I will complete 150 Days my only concern is that I am still waiting for my biometric appointment so can I still be able to file an EAD while didn’t do the biometric yet ? Thank you
You should be able to get an EAD even if you have not yet done the asylum biometrics, and my guess is that you will receive your asylum biometrics appointment before the EAD is processed, so you should be fine. Hopefully, the EAD process will go relatively smoothly for ASAP and Casa members. We really still do not know how that is going to work, though people are applying already even though USCIS has not yet provided guidance. Take care, Jason
Hello Jason, I would like to renew my Refugee Travel Document (RTD) before it expires.
1- Is it possible to apply for a new one 4 months before the current one expires because it normally takes them 4 months to mail it to me?
2- Can I keep my current RTD while waiting or I heard I have to send my current RTD to USCIS to renew it. That would mean I stay without a Travel Document during the renewal process
You can file to renew it, but unfortunately, they require you to send the original RTD to them if it is not yet expired. It is a stupid system, but as far as I understand, there is no way to avoid sending in the original if it is not yet expired (you can double check the I-131 instructions at http://www.uscis.gov). Take care, Jason
Hi Jason i think you are going well .I applied for my EAD since 31 July and after 2 weeks I received a receipt notice with 6 months extension.but until now I don’t get my new EAD yet.this is my third time to renew it .I have my MCH in March too .my question how many month it can take to issue me the new one ?the second one should expire on November that is why I applied to renew it soon
We are seeing EAD renewals take up to 7 months, and so your delay seems pretty normal to me. The old EAD is extended by 180 days, so hopefully, you have some time. If you think you need to try to expedite the renewal, I wrote about expediting (in general) on January 29, 2020. Take care, Jason
Hi, Jason
I did my Interview for Asylum case in March 2018 in San Francisco office and still did not receive any decision on my case but I moved to Montana in June 2018. I did change my address in the asylum office. So, now couple of days ago, I checked my status online and it changed to that you have completed your interview and wait for the decision and your decision is pending. Another Question I have is that I just had a new born baby and Do I have to inform the Asylum Office or what do we need to do? We have work permit till July 2021.
Please advise me What should I do about my case.
Thank you for your help!
THIS IS WHAT IT IS SHOWING NOW:
You completed your interview. The time it takes USCIS to issue a decision after completion of an interview may vary. At the end of your interview, an officer told you either: (1) you would need to return to the office to “pick up” our decision on your application in person; or (2) we would mail our decision on your application to you. If an officer told you that you would need to pick up our decision on your application, and you failed to do so at the scheduled time, your failure to pick up our decision as scheduled is considered an applicant-caused delay for purposes of eligibility for employment authorization.
You must wait 365 calendar days after you file your application before you apply for employment authorization. If there is an unresolved applicant-caused delay on the date you file an application for employment authorization, we will deny your application for employment authorization.
You should change your address, as that is required (unless the old address is a “permanent” address and you can still get mail there. Use form AR-11, available at http://www.uscis.gov. As for the asylum case, it is still pending, but you can make an inquiry – contact them by email. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason