Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Murray Osorio, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
Jason@MurrayOsorio.com
(202) 328-1353
Hi Jason,
Our filing for an I-765 (EAD Renewal) just got returned to our home saying that the amount of money we provided was incorrect. We checked on the website and a document stated that the fee has gone up form $410 to $550, but the website itself has not had an update, instead saying that they will continue to accept the current fee. There was also a section about the $85 biometrics fee, which we have never had to pay before. Should we file with the new fee or the old one? Do we also have to pay the biometrics fee?
All the best,
Mayuli
USCIS tried to raise fees, but they were blocked by a court. Most people now are required to pay biometrics (and so the total fee is usually $495), but if you are a member of Casa de Maryland or ASAP, you might be able to avoid that fee. I wrote about this on September 23, 2020. Take care, Jason
Hi Jason, please how long does the Merits Hearing usually take in the court?
It varies a lot depending on the case, but maybe 2 to 3 hours is average for an asylum hearing in court. Take care, Jason
Hi Jason,
This is my first time here, just wanna ask your help about my expiring EAD, can I ask how is the process like what form, where to file, how much should I pay and what are other requirements.
Thank you in advance, Happy holidays
Mateo
I cannot give specific info about an application since I do not know your case, but the form is the I-765, available at http://www.uscis.gov. Check the instructions about eligibility, fees, and evidence needed. These days, eligibility depends on many factors, some of which I wrote about on September 23, 2020. Talk to a lawyer if you are not sure. Take care, Jason
Dear Jason,
Thanks in advance for your uninterrupted help.
Currently, my case is pending at immigration court for 2023 individual hearing. I have a valid EAD, and I’ll of course continue to renew it. However, what would you suggest me do other than expediting the case? Any eye opening guidance? I’m in a removal proceedings with my wife, and we have a two year old US born baby girl.
The other question: Can I apply for RTI, fly out of US and come back while on removal proceedings?
Thank you so much!
It is difficult to expedite a case now, given that courts are operating on a more limited capacity due to coronavirus, but you can try. I wrote about that on April 20, 2017. In terms of travel, unfortunately, you cannot leave the US and return safely while a case is pending in court. If you leave, you would be considered to have deported yourself and you would likely not be able to return. Take care, Jason
Hi Jason,
It turned one year since my asylum approved and is time to apply for GC.
Questions (Q) on I-485:
Part 8. General Eligibility and Inadmissibility Grounds
Item1. Have you EVER been a member of, involved in, or …party,.In the
world…
Item 18. Have you EVER been in removal, exclusion, rescission, or deportation
Proceedings?
Item 23: Have you EVER applied for any kind of relief or protection from removal,
exclusion or deportation?
Q1: Does all answers (in this part 8) have to be NO, to be eligible and admissible
for GC?
Q2: If I answered Yes to Item 1 question, am I going to be inadmissible? Or I
have to answer NO based on the following reasons?
I was supporting (not member) an opposition political party and I was detained and interrogated a couple times for few days back home by the government forces/police but released without appearing to court and no evidence of their accusations.
Q3: I have granted by the Immigration Judge after denied at the asylum office. Is this court level called removal proceedings and I am not sure what to answer for Item18 and Item 23?
Thank you so much for your support!
1 – You have to answer truthfully and your answers should be consistent with the I-589 and any prior applications you filed. If they are not consistent, you need to explain why not. Answer yes would potentially be an issue, but that depends on the case. 2 – I do not see why this would be a problem to answer yes, if that is the correct answer (and is consistent with your answer to a similar question on the I-589). 3 – If you were in court, then you were in removal proceedings. Your case was approved, and so you can indicate that you were in removal proceedings, but that your case was granted. We do that all the time for people who got asylum in court and it is not a problem. Take care, Jason
Hi Jason,
my question is, what if I lose my asylum case in immigration court, and don’t appeal in BIA. And stay illegal in us. I have two kids going to school right now. What will be the consequences? What if I move to sanctuary cities?
You should probably appeal, as that would allow you to stay in the US for longer and still be legally present (BIA cases seem to take from 6 months to 2 years, but it is not very predictable). If you do not appeal, or if you appeal and lose, and you remain here, you could be detained and then deported. Maybe it would be marginally safer in a sanctuary city, but there is no guarantee. Hopefully, you can win your case, and if not, you can appeal, and at least that will get you more time. You can also talk to a lawyer to see whether there might be any other options based on your children, or for some other reason. Take care, Jason
Hi Jason, I am an asylum applicant and have been waiting for my interview for almost 4 years. My passport has just expired and I am unable to extend it due to my political situation. I am an airline pilot and my company has a lot of international flights to Canada , Mexico and Bahamas. Could you recommend any solution for me to be able to fly internationally on a regular basis? Thank you so much…
Kind regards
If you cannot renew your passport, the only option is to try to expedite your asylum case, so that if you win, you can get a Refugee Travel Document, which can be used in lieu of a passport (but not all countries accept the RTD). I wrote about expediting on March 30, 2017. Take care, Jason
Jason, I am an asylee and will be applying for a GC in Feb.
I wanted to get an EAD in the meantime, my EAD expires in March.
I have been applying for an EAD for the last 3 months (applied 2 times already). Still no response and no receipt. I know being an asylee I can work without an EAD, but not sure if all employers know or can follow that rule.
What are my options here? Sue USCIS?
Thank you.
Receipts are currently delayed – I will post something about this today. You can call USCUS at 800-375-5283. But my guess is that your receipt is just delayed. I guess you can also try the USCIS Ombudsman – a link is at right and they sometimes help with delayed cases. However, here, it may just be the general problem with receipts. Take care, Jason
Hi.jason. I have pending asylum case. Also waiting consular interview for employment based green card. Do you think embassies will schedule interview after 1st of January?
I think it depends on many factors, but if you are only waiting for the interview, maybe you (or the employer) can email the embassy to inquire. For people with pending asylum, you need to be careful about consular processing, especially in the home country. I wrote about this issue on September 6, 2018, if you are interested. Take care, Jason
Waiting interview at 3rd country (not my home country) . So If anychange happens, it will effect me? ( I assume no greencard ban)
Hi Adore,
I also want to apply for employer based green. I am on the pending asylum status (waiting for interview). Could you please guide me…
1) When did you apply?
2) Did you get an advance payroll for the interview if yes then how long did it take to reach you?
3) how long u have been waiting in 3rd country for?
Thank you!!!
Hi.
Story is very complicated. Asylum pending since 2016. Employment based application started 2017 and final letter waiting for interview received February 2020. Interview was supposed to schedule May 2020. I got advanced parole expired June 2020. Unfortunately green card ban started April 2020 so it didn’t go thru. I applied for advanced parole again . It is pending
I have never been in 3rd country. Still in USA. To find 3rd country took me 25 months. Noone accept if you don’t have residency. So attorney gave me wrong information about that. If you don’t have residency be ready for research years. You need to be lucky. Because embassies do not answer emails
I am not sure I know what change you mean, sorry. Let me know. Take care, Jason
Like wage, public charge,etc
I do expect Biden to eliminate the public charge rule. For now, I believe that rule is blocked by a court, but it seems to be blocked and unblocked every week, and so I am not sure. Take care, Jason
Hi Jason,
I’ve been waiting for my first asylum interview since March 2014. Applied in one city then moved to another in 2016. Still, it’s been more than 6 and a half years since the date of the application. To be honest, to some degree I’m relieved that I didn’t get an interview during Trump administration.
Is there anything I can do now to get an interview? Also, is it still too early and I should wait for few months to pass in 2021 to do before rocking the boat?
I do not know that a Biden Administration will change the process much at the asylum offices. They will roll back some of the bad rules created by Trump, but those only affect certain asylum seekers (victims of non-state violence to some degree, but mostly victims of domestic violence and gang violence). If you think your case is not substantively affected by Trump’s rules, you can try to advance any time. If you feel that you might benefit from some of those rules disappearing, maybe you want to wait. I wrote about expediting on March 30, 2017. Take care, Jason
It’s less about the process and more about the general outlook. Since the current admin took over the rejection rate at the office rose. At least, with the cases I hear about. Not sure if Biden administration with a friendly approach to immigration policies would, to some degree, affect how they review cases in the office, but that’s what I’m hoping for.
We’ll see. It may be a cultural issue, in that they receive a message from above saying that asylum cases are fake. My sense is that the main reason grant rates have gone down is because there have been substantive changes to the law that make it harder to win. Also, there is more of a focus on fraud. I do expect improvements under the new Administration, but I am not sure if that will extend to addressing the backlog. Hopefully, we shall find out soon. Take care, Jason
Jason, I am an asylee and hopefully will be applying for a GC in 2 months. But at the same time I found out that I won a diversity visa lottery. Can I apply for a GC based on my DV lottery win?
I was told that adjustment of status is a faster way of getting the GC.
What do you think?
I would think you could apply based on the DV lottery, but it depends on the case so talk to a lawyer to be sure. However, I do not know why that would be faster than applying based on asylum. Also, if you apply based on asylum, USCIS will back-date your GC by one year, which will likely get you to US citizenship faster. Take care, Jason
Thats a great point. Based on asylum seems to make more sense.
Thank you Jason.
Hi Jason,
I have a master hearing on February 22nd, and I want to expedite the merits hearing. Is it better to ask the judge for the expedition during or before the master hearing?
You can do either way. I wrote about this on April 20, 2017. It is very likely that the Master Hearing will be canceled due to the pandemic, and so maybe you want to request to do that hearing in writing and have the judge set a date for the final hearing. Take care, Jason
Hello. My question will be general. Jason do you? or does anyone knows do I can get Commercial Driver License (CDL) in any state while my asylum is pending. I have my social security and regular driver license right now. As a legal presence proofing document will my asylum receipt be enough ? Thanks so much
My guess is that it depends on the state, but I do not know for sure. The DMV website should give the requirements. I believe that I have had one or two asylum seeker clients with a CDL, and so I think it is possible. Take care, Jason
Hi Jason
I got granted asylum & its now my time to apply for green card however i did rideshare & ended up owing tolls & unpaid traffic tickets i do not have any criminal record do you think i might get denied my green card because of this?
I do not see how traffic tickets would be relevant, unless there is a criminal issue involved. Take care, Jason
I have a cdl and I got it the same way you get regular license.
You need:
1. Ssn
2. Ead (your cdl will be for the same period as your ead)
3. Proof of address
4. And a regular driving license (not sure about regular license though)
Thanks for the information. Currently I dont have a EAD card and looks like going to take too long. Will my receipt notices from Uscis will be enough as a legal status while applying for Cdl? Yes I mean I have a regular driver license and social security card. Im not familiar at all any kind of advice will be helpful to me.
Thanks so much
Hello Applicant
Yes my husband is a cdl driver..state nj
I think you can be a commercial driver with asylum pending
Do you know will I need EAD card while applying the CDL in NJ or my current pending receipt will be enough? I am not familiar at all any kind of your advice will be helpful to me.
Thanks so much
Hello Applicant
Yes you need to have your Ead before you apply for cdl
Dmvs are so dumb when it comes to you pending asylum apparently they don’t know any rules
You can renew your regular license with the receipt of ead renewal but that also you need to go the day after your license has expired
Hi Jason
Can I travel to the other country (not the home country) with my passport while my RTD is in processing? I applied for RTD in July 2020 and still, the system says fingerprint has been taken.
Please guide.
Syed
If you have a green card, you should be able to travel and return. However, if you use your passport, you do risk the US government questioning whether your asylum case was legitimate. If you have a genuine fear of your home country, why would you use that country’s passport? This problem is less if you fear terrorists or other non-state actors. Also, I have had clients travel using the passport and return with no problem, but if you can get the RTD it is better. On the other hand, if you only have asylum and do not yet have the green card, I think you will need the RTD to re-enter the US. Take care, Jason
Hello Jason,
I, very carefully, read your most recent blog titled “Citizenship for Asylees”. It gave me some insight.
My asylum was approved more than a year ago and I filed for my Green Card last month. As you advised, I hired an attorney to help me file the green card. Everything is consistent between my I-589 and my I-485. My fear, however, is my previous Visa applications and the information that the U.S government has about me because I worked as an FSN at the U.S embassy in my country in the past, and I was given clearance to work with high level U.S diplomats. For example, there could be a name of a family member or an address that is spelled differently. Names and address in Arabic can be written in different way in English. Or they might have any details recorded wrong in their files that might appear inconsistent with what I submit.
Does the Freedom of information request allow me to access my previous visa applications and all the information that different U.S gov agencies (including State Department my previous employer) have about me?
You have to do a FOIA with the State Department and I do not know whether it will give you the visa application documents. However, inconsistencies like what you describe are not the type of thing that will cause problems for a case. To cause a problem, it needs to be more than a spelling difference. Also, if there are minor differences, you can probably explain them pretty easily if USCIS has questions. Nevertheless, there is no harm in trying the FOIA (it is free) and so you can do that if you’d like. Take care, Jason
Greetings Jason,
I would be filing for my EAD renewal soon under C08 category and this is the 4th renewal. I want to know how much is the filing fees as I am reading the fee is $410 which I usually pay and $85 for Biometrics which is supposedly new to me, also do I need to send them 2 separate checks or 1 for $495 is fine?
Thank you so much for your time and appreciate all your help.
God bless and stay safe.
I think most people need to pay $495, but check the instructions to be sure. We normally send one check (for $495), but I suppose you could send two checks ($85 and $410) if you prefer. Take care, Jason
Hi Jason,
My family filed for asylum 5 years ago, interview was conducted 2 years ago, and the decision is still pending. I was added as an applicant since i was a dependant at that time. Now i have a job and my employer wants to sponser me for H1B visa while i wait for my asylum decision. Is it possible for my employer to file for H1B visa for me while i am waiting for the decision? Is there any concern in doing it? Would it affect my families’ case in any way? Is it safe for my employer to do it for me? Will i have to withdraw myself out of the asylum application before my employer files for my H1B or can both cases be applied simultaneously? Would it affect my families asylum case?
Thank you.
Assuming you are in lawful status (such as F-1 OPT or some other status; asylum pending does not count as lawful status for this purpose), your employer can file for an H1b and you should be able to get that without leaving the US. Asylum would not affect that, and your H1b case should not affect the asylum. If you are not in status, you would have to leave the US and get the H1b visa overseas, which may or may not be possible, depending on the situation. You would have to talk to a lawyer about that. I did some posts on August 28, 2018 and September 6, 2018 about getting a GC while asylum pending, and this is a similar situation. In any event, you will need to talk to a lawyer about the specifics of your situation and whether/how to proceed with the H1b. Take care, Jason
Hi Jason,
I have filed my EAD for the first time in November 6,2020 I have attached my ASAP card as well until now I haven’t received a receipt notice I have filed it to TX Lockbox I tried to send them one email but they didn’t answer either How do you think is is that delay is normal? Thank you
I think it is normal, at least these days. Hopefully, you will receive the receipt soon. If not, you may have to re-send with an explanation. I would wait a couple more weeks before doing that. You can also try to call them (800-375-5283), but it has become very difficult to reach a human being by phone. There is nothing to lose by trying, and if you do manage to talk to someone, sometimes, they can provide helpful information. Take care, Jason
Same story here. I applied for an EAD about 3 months ago. No response. Filed again with a letter about 3 weeks ago. Still nothing.
Hello. Does anyone know about which year’s applicants are being interviewed these days? I filed mine in August 2016. Thanks.
I mean those who filed in Boston area.
There is no more scheduling bulletin, and at least for the cases I have seen, it is not predictable (for example, last week, I had interviews for a November 2014 case and a 2016 case, both in Virginia). You can email your local asylum office and ask about this – you can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Jason, just want to make sure I got you right, in your latest article you mentioned that:
1. While applying for a GC, main asylum applicant is not interviewed but the spouse of the applicant will be interviewed?
2. Will I be asked questions regarding relegion upon applying for a GC? (I have approved asylum based on religion. With pandemic I did not attend the church since lockdown started).
Thank you.
1 – Principal applicants are usually not interviewed; dependents are usually interviewed, but not always (though USCIS has stated that all dependents should be interviewed). 2 – Probably not, but I guess anything is possible, so you might be prepared to answer any such questions. Take care, Jason
Thank you very much for your detailed response.
Hey jason
If the applicant got a dangerous disease like hepatitis C or HIV you think that would help on winning the asylum case as these people live on medications and if they go back to their countries their lives are in danger!!
Whether it helps with the substance of the case depends on the case. For example, I had a case where a person with cancer faced time in a Turkish prison. His health situation made it more likely that he would die or suffer in prison, and that helped with the case. For other cases, a health issue does not affect the substance, but you still want to tell the decision-maker, since that person might be more favorably disposed to someone with a health issue. Take care, Jason
Yeah that person has a police report with him and some torture signs on his body he faced while detain in his home country and letter from a doctor here says he comes once every two months due to his disease and that he has to take medications for lifetime so i tell him your case is so strong but he is kinda worried but actually if someone like that doesn’t get approved then who gets it!!!!! It would be weird i guess
Hi Jason,
Thank you for always answering my questions.
I just have a concern.I am a derivative asylee from my wife. I have renewed my passport before our asylum interview and submitted the new passport during the interview and we already got approved. I am applying now for the green card and concerned if my passport renewal may have any consequences on my green card application?
Thank you
I can’t see how renewing the passport would have any effect on your GC application. I think you should be fine. Take care, Jason
Hi Jason;
I have applied to AP a month ago and still did not receive the recipet yet. The issue is that I changed my address…what is the best way to change for uscis….can I do it online or I should file a form for that and is it possible to do that without a receipt of my AP applicati
Thanks
You can file the AR-11 online (at http://www.uscis.gov), but you cannot change the address on your application without the receipt, and I do not know whether a change of address will work if you do not specifically mention the pending form. Hopefully, you can still get mail at the old address. If not, and if you paid by check, you can get a copy of the check from your bank and USCIS should have stamped a receipt number on that. You can use that receipt number to change the address for the AP application using form AR-11. If that fails, I guess you can try to call USCIS at 800-375-5283, but it has become quite difficult to reach a human being. Take care, Jason
Hello Mr.Dzubow,
I have pending asylum case since AUG/2014 and my Attorney called me yesterday stating that it’s over 6 years case and he highly recommend to file Federal lawsuit , my questions my attorney never talked to during the 6 years at all , I’ve been renewing my EAD by myself and he is paid in full ; he is asking now $2500 his work and $400 filing fee and $50 postage
I really need second opinion here
Thank you sir
Dear Jason I have a quick question if the asylum case refer to court than can we check it with EOIR website with our alien number ?
And if it didn’t show any thing there than what’s that mean is? Please clarify.
Thanks
If the case is referred to court and entered into the system, you can check it on the website or the phone number (800-898-7180). Some cases are referred but it takes time to get entered into the system. In a few cases, it takes quite a bit of time. If that happens, you can try calling the Immigration Court directly (a link is at right with phone numbers) or the DHS Office of the Chief Counsel (a link is at right). Take care, Jason
Hello Mr.Dzubow,
I have pending asylum case since AUG/2014 and my Attorney called me yesterday stating that it’s over 6 years case and he highly recommend to file Federal lawsuit , my questions my attorney never talked to during the 6 years at all , I’ve been renewing my EAD by myself and he is paid in full ; he is asking now $2500 his work and $400 filing fee and $50 postage
I really need second opinion here
Thank you sir
Normally, you first have to exhaust your remedies – meaning, you need to ask to expedite the case before filing a mandamus. I wrote about that on March 30, 2017. If that fails, maybe you can try a mandamus. Whether that would work pre-interview, I do not know. Normally, the mandamus is to get a decision after the interview. I would want to know if the lawyer has had success with such lawsuits before. The price seems reasonable, but if you have exhausted other remedies, you might want to try that first. Take care, Jason
Hi Jason,
Thank you for always answering my questions.
I just have a concern.I am a derivative asylee from my wife. I have renewed my passport before our asylum interview and submitted the new passport during the interview and we already got approved. I am applying now for the green card and concerned if my passport renewal may have any consequences on my green card application?
Thank you
Hi Jason,
hope u r fine. I asked u few days ago about EAD not renewed and received. Finally I got a reply from USCIS when i sent them e-request. This reply came its confusing for me coz I have submitted for ead renewal and to expedite the ead on filing time. And Submit the same erequest but they reply this
“We regret to inform you that we cannot grant your request for expedited processing of your case.”
What does it mean ? are thy process my EAD on normal time ? as thy said not expedite and if they process normal time so already 6 month passed and 180 automatic extension expire tomorrow. Now what should i do? coz my ead expire and driving license too. please help me out. will be waiting for your reply
thanks Alot
regards
t
They refused to expedite, but I do not know why (probably because their entire office is a disaster). Unfortunately, I do not know what else you can do. The only option may be to try to call them again, talk to a person, convince them that you have an emergency (for example, you will lose your job), and ask them if they can give you an Info Pass appointment. This was a way to get an in-person appointment where (perhaps) USCIS can stamp your passport with evidence of work authorization. This was already very difficult before the pandemic, and so probably won’t work now. One other idea – USCIS has extended EADs for certain people depending on when you filed, and maybe you can rely on that for the DMV or your job – maybe this website will help: https://www.uscis.gov/i-9-central/form-i-9-related-news/temporary-policies-related-to-covid-19. Take care, Jason
Thanks Jason,
Ok so they cant expedite the case but thy can normally process right or not. After 6 month thy are saying this i mean i have requested 6 month ago when i was filing that thy can expedite. Now almost after 6 month thy saying this. I mean if thy process normally so i could get the card before time coz they are now processing August cases and mine was in May as per receipt. That is surprising and thats y i want them atleast now to process fast. do u thing i should say this to them and sent again the e-request.
please let me know
Thank You
I think there is no harm in aggressively (but politely) pushing them to get you the card. The wait times are ridiculous and inexcusable, but unfortunately, we have little power to force them to do their job. Inquiring about it by phone and email may or may not help, but it won’t hurt. Take care, Jason
hello Jason, hope u doing good.
i just wanna tell you that my wife ead was approved. but mine still showing same status past 2 weeks. Actually me n wife status was showing same past 2 weeks tht fingerprint applied but last week her status was was changes to different and it was approved. But mine is still same. i am just worried ao thought to check with u coz my ead expired and the extension 180 days also expire. what is ur advised sir.
thanks for always supporting.
thanks
It is pretty common for EADs filed at the same time, in the same case, to be decided at different times, and so the delay is not surprising. That said, if your current EAD and the 180 extension are now expired, that is obviously a problem. I wrote about expediting a case with USCIS on January 29, 2020 – maybe that would help. But a starting point is to call USCIS at 800-375-5283. It has become very difficult to reach a person, but if you can, maybe they can assist. Take care, Jason
Hi,
Thanks for the reply. But 2 weeks there is no movement in my case. i think they r sleeping. if u remember when i applied ead since that time and till mow after 6 month. there was no movement but since i sent e- request and thy replied to me so immediately thy changed status and attached the finger print on my status. they completely forget. So now thy ptocess one n mine they forget i believe. please guide me? do i sent them reminder by online coz phone thy never come only voice.
thanks
You can try sending an email and/or calling. I think there is no harm in that and maybe it will help. I just also have seen that the same forms filed at the same time often take difference times to process. Take care, Jason
Hi Jason today our online status of pending asylum has been changed to decision mailed to us nothing more is showing up you have any clue about it ?
Regards
The only thing to do is to wait for the decision. If you do not get it in a week or two, you can contact the asylum office directly to ask – you can find their email if you follow the link at right called Asylum Office Locator. It is very rare that they will tell you the result by email (it happened to me once, probably by mistake). Good luck, Jason
Jason, another question on address change.
I have approved asylum, I applied for an EAD about 3 months ago but didnt get a reciept and sent another application 3 weeks ago with thoughts that it could have been lost somewhere, still no receipt.
It looks like one needs the receipt number to change the address if you have a pending application with USCIS.
Your thoughts?
Thank you.
You can file an AR-11 even if no case is pending (and in fact, until you are a US citizen, you are required to update your address). But if you have applications pending, you need to list those when you file the AR-11 or USCIS will not update the addresses for pending applications (at least I think they won’t). You cannot update the address for an application until you get the receipt number, so hopefully that arrives soon. Take care, Jason
Hello Jeson
I am on a pending asylum since 2017 still waiting for my 1st interview .I live in DC but now will temporarily move to midwest states for few months and come back to DC .I have no intention to permanently move .My family are still in DC and following up on any communication i amy have from USCIS .Will it still affect me if i don’t notify USCIS ? or is it okay as long as i am tracking any contact info i may have from them?
Thank you !
It sounds like this is not a permanent move and you have kept your DC-area address. If so, I do not think you need to file a change of address form. Take care, Jason
Hi Jason,
Thank you for all your help. I have pending case since Jan.2017 in Virginia. I would like to know if I move to California it may effect my waiting period. Is it going to be a new waiting list in front of me? What is the wise choice?
Blessings
Hey Jason,
I’ve asylum case pending in the immigration court and no decision yet. I haven’t seen my family for years, so I am thinking to travel outside the USA through Advance parole to meet them in a third country. My question please is it guaranteed to reenter the USA through the Advance parole because some lawyers say yes and some say no?
Thank you.
If you have a case in court and you leave, even with AP, you may be considered to have deported yourself and you may not be able to return, or you might be arrested at the border if you do return (this assumes that USCIS will even give you an AP document). A better approach may be to try to make your case faster – I wrote about that on April 20, 2017. Good luck, Jason
Since there is no queue, there is no way to know. When there was a queue, supposedly moving did not cause you to lose your place in the line, and if FIFO (first-in, first-out) is restored, we will have to see how it is managed to be able to answer your question. For the time being, I think there is no way to know whether moving will help you or hurt you in terms of getting an interview. Take care, Jason
Hi Jason,
I have a question about the I-485 form. I am a derivative asylee from my wife. I am applying now for my green card, there is a question in the I-485 asks about “application type or filing category” and gives me 2 choices ; principal or derivative applicant, which one should I choose in my case?
Thank you very much
In general, when we fill that question, we list dependent asylees as principals, since they are the principal applicant. You should note in the cover letter or the supplement page that you are a derivative of your wife’s asylum case. Alternatively, I guess you could state that you are the derivative, but that is not how we do it. I do not know that it much matters, as long as USCIS understands that you are a derivative asylee (even if you are the principal applicant on your own I-485). Take care, Jason
Hi Jason,
I’m an Asylee and I have a green card. I want to travel to Jamaica and Europe which are not my country of origin. Do I need a Refugee travel document.
It is better to have the RTD. Using your home country passport can create problems, as the US government may wonder why you are using the passport from a country that persecuted you. If you have not been persecuted by your home government, this is less of a problem. However, either way, it is better to use the RTD if you can. Some countries will not accept the RTD, and then you need to use your passport, but still, if you have tried to use the RTD, at least you can show that you tried to avoid using your home country passport. All this said, it is unlikely you will have a problem, as long as you do not return to the home country (though again, it is always better to have the RTD). Take care, Jason
Hi Mr Jason
I get approval of asylum in 2017 and green card in 2018
When can I apply for citizenship?
And is it possible to apply for citizenship after 4 years from the date of green card approval?
My respect
I am actually planning a post about this issue later this week, so maybe check back, but you can normally apply 4 years and 9 months after the date on the Green Card. However, if you left the US for long periods or if you recently moved, you may have to wait longer – you have to check the instructions to be sure. Take care, Jason
Hi All,
How long will it take to get a green card through employer sponsership?
Regards,
john
My priority date is current ( not indian) started in 2017 still waiting for interview at 3rd country. That is so fraustrating process. Noone can give you guarante for time. By the way it is almost impossible to find 3rd country. It took me 2 years to find one. I contacted 54 countries us embassies. They do not say ok if you don’t have residency in one of them. I found a person who work at embassy
It varies dramatically depending on the case – it could be a few weeks (if you premium process an EB-1 case, for example) or it could be 10+ years for an EB-3 employee from certain countries. Take care, Jason
Thanks all. Im asylum applicant and live in Virginia with African origin. Professionally, I have multiple degree and many years of experience which I believe will help me in the application process. How much do you think this will help me to shorten the process?
Thanks
J.
In terms of the time frame, having more education will have no effect – LIFO cases (if any are being interviewed) are chosen at random. Also, generally speaking, education has no effect on your ability to expedite a case (I wrote more about this on March 30, 2017). In terms of the interview itself, I find that well-educated applicants tend to have a better chance for success. There are many reasons for this, but primarily, it may be because they can communicate their situation more effectively with the Asylum Officer. Take care, Jason
Yesterday I found an IJ covid-19 memo.
And i want to know your opinion about it.
1.It says that DHS and lawyers are strongly recommended to “figure” things out before court date. Does it mean that lawyer can “decide” the case with DHS even before the IH?
2. That in-person IH no longer needed and IJ can make decision based on your evidence,written statement.
3. How doesn’t in-person call work?u sit in your lawyers office and talk over the phone with IJ?
Weird times….
I have not seen that memo, but in theory, it is possible to talk to DHS before the court date and try to agree to certain evidentiary issues. In practice, it is a very rare case these days where DHS would agree to the relief sought, and so I think #1 is not practical. For 2, in some cases, the IJ maybe could deny relief if you do not qualify for it based on the record, but that would be a very rare occurrence. In terms of 3, I guess everyone could talk by phone, but I have never had a case like that. I do think EOIR could come up with some procedures to make things operate better, but their leadership is incompetent and focused only how to deport more people, as opposed to making the court system function during a pandemic. Maybe the next Administration will do better. We shall see. Take care, Jason
http://chng.it/sHGtDrd4B7
Hi Jason
I am an asylee and just file a petition for the asylees/refugees to go to their home country for a short period of time.
Please support.
Thanks
Asylees can go to the home country, but they risk losing their status if they do so. Such cases are evaluated on a case-by-case basis, which seems fair to me (though it would be helpful to have better guidance on this point for people who do need to return home). I wrote about returning home on January 6, 2016. Take care, Jason
Thank you Jason for your reply.
Quick question about Principle applicant and the dependents. If the derivative spouse willing to go back to their home country, then in this case what happens at the port of entry of the US? At the time of filling the Asylum, if the kid was a toddler and become a grownup child at the time of grant asylum, can she go back to home country with her mother(Derivative Applicant) and can come back to the US safely?
Always thankful for your guidance and support.
A dependent who wins asylum should be able to return to the US even if they visit the home country. However, I would be careful about this. Officers at the border seem to have only a vague idea about asylum and they may not easily distinguish between a principal and a dependent, and this could result in difficulties (though I highly doubt it would ultimately prevent anyone from entering the US and any problem should eventually be resolved). Also, if the asylum case indicated that the whole family was in danger and one member of the family returns, it might make the US government think that the asylum case was fraudulent. I wrote more about returning home on January 6, 2016. Take care, Jason
Hey jason
I have a pending asylum case in Chicago office since March 2015 and last june i mailed the office asking for expedite for a very dangerous medical reason and they replied me real quick said You’re now on the short list but I never heard from them since then but I’m planning to send them letter again next month to expedite again but now i have a question I’m about to marry my American girlfriend so should i apply for green card based on marriage or wait first on my asylum interview????? What do you prefer?
Hey Jason,
I received with my Notice to Appear letter another paper which is a list of Pro Bono Legal Service Providers ” Non-Profit organizations “.
My question please, is it a good idea to pick one of those non-profit organizations to represent me in the immigration court during the hearings or it’s better to hire a lawyer and pay for him/her?
Thank you.
I wrote about this issue on September 22, 2016, and so maybe that post would be helpful. It is usually not easy to find a pro bono lawyer, but you certainly can try. If you can get one, they are probably as good as most paid lawyers, but there are advantages and disadvantages, as I discussed in that article. Take care, Jason
It’s up to you, but these days, choosing between a marriage case and an asylum case, usually marriage (assuming you qualify) is faster and more certain. But it is also more expensive and you have to rely on another person. There is no reason why you cannot pursue both cases, but if you feel the marriage is stable and you are eligible, that is often the better option. I wrote about this on August 6, 2018, and maybe that would be helpful. Take care, Jason
hi,
hope u r fine, i wanna ask some i already asked last month related. Now my Ead renewal 180 day is going to over hardly 7 days is remaining and i did not get my ead cad. I tried calling them but unable to speak to the officer and also tried contacted online but no reply yet. what should i do please advise.
thanks
Besides calling them (800-375-5283), I do not know what else you can do in this time frame. You can try contacting the USCIS Ombudsman (a link is at right), but they are not very fast. Also, USCIS has extended work eligibility for people who filed to renew the EAD during the pandemic time. Maybe this link would help: https://www.uscis.gov/i-9-central/form-i-9-related-news/employment-authorization-document-ead-delays-due-to-covid-19. Take care, Jason
Hi Jason
My EAD will expire on Feb 14, 2021 can I renew this online or by mail? Can you please send me a link or instructions how to do this?
Appreciate your help, thank you.
Mateo
You can file to renew now. Use form I-765, available at http://www.uscis.gov. Take care, Jason
Jason,
Me and my wife were granted asylum by IJ, my wife is a principal applicant, we are from different countries.
My question is – is it safe for her and for me travel to my country of origin since we are not claiming asylum from it or are there risks?
Thanks.
That should be fine, as long as you have a Refugee Travel Document to travel and return to the US (and be aware of any covid-related travel restrictions). Take care, Jason
Jason, thank you for your detailed answer.
Hi Jason, the USCIS has referred my asylum case to the immigration court to be on 12/14/2020 in New York. I’ve one question please, will the immigration judge say the last decision on that day? because I contacted a lawyer and he told me that this coming interview with the IJ is just for reviewing the documents and the decision will not be taken until after another 18 months!?
The first hearing is a Master Calendar Hearing. I wrote about what happens in a post on March 7, 2018, but that is an initial hearing. You usually get a decision at the final hearing, and the time frame for that is very variable and depends on the particular judge’s schedule. You can try to expedite a case in court – I wrote about that on April 20, 2017. Also, almost all Master Calendar Hearings are being postponed due to coronavirus, and so you will have to check with the court (maybe a few days before December 14) to make sure your case is going forward – you can find their phone number if you follow the link at right called Immigration Court. Take care, Jason
Hi Jason!
I filed for asylum on May 18 and I was waiting for the 365 days to apply for my ead but the last couple of days I’ve been reading in some news outlets that law was reversed and now is back to 150 days. Is that correct? Because it’s very confusing. Thank you!
I did a post about this on September 23, 2020. If you are a member of one of the organizations suing the Trump Administration, you can apply for the EAD after 150 days. The posting I did contains information about how to join one of those groups, and then you can apply for the EAD (the I-765 webpage, available at http://www.uscis.gov, also has some info about this). Take care, Jason
Hi Jason
Good day,
Just crossed by Trump’s latest intention to sign executive order on banning birth right citizenship,
I am a pending asylee here and we are expecting a baby next month,
In your experience and opinion, can he actually suspend or block 14th amendment by signing an order ?
If yes, What should be way forward for the new born baby who can’t have citizenship of parent’s country or origin and can’t have citizenship here in US
It may be a surprise to him, but he does not have the power to alter the Constitution by the stroke of his pen. That plan is a sad joke, but like many of his policies, it will cause people to worry and feel like second class citizens, even though it has no actual effect. Take care, Jason
Hello Jason,
I came to USA with my son as a dependent of an asylee. My husband already has his green card. How long do I have to wait to apply for a green card for me and my son?
Thanks in advance.
From the date you got asylum (probably the date you arrived in the US), you have to wait one year. If you left the US during that year, you have to wait longer (for example, if you left for 2 weeks, you have to wait for 1 year and 2 weeks before applying for the GC). One word of caution – make sure that you and your son get your GCs before your husband gets his US citizenship, as you would lose your asylum status if your husband became a citizen and you did not yet have your own GC. Take care, Jason
Hi Jason I have a question. My asylum case approved from court and I received a approval letter from judge. But I didn’t received any approval copy thru mail. But after applied for GC immigration office asked for evidence copy. How I can get that letter? Please help.thanks.
Normally, after you win asylum in court, you need to make an Info Pass appointment to get your I-94 (you can Google “post order instructions in immigration court” to learn more). These days, that is very difficult to do, but maybe that is what they are referring to. However, I would think all you need to apply for the GC is the order from the Immigration Judge. If you do not have a copy of the order (and your lawyer does not), maybe you can get it from the court – you can call them to ask about that. The phone number can be found if you follow the link at right called Asylum Office Locator. If all else fails, you can file a request to get a copy of your file from the court (https://www.justice.gov/eoir/freedom-information-act-foia), but that could take months. Take care, Jason
Hi Jason,
I am filling my son’s green card application. He is 6 years old. When I fill his application, am I required to fill out the part of the preparer or just to fill the application and sign in behalf of him without filling the preparer part?
Thanks a lot
I think if you prepared it, you should indicate that on the form. Take care, Jason
Hi Jasson,
I have a question about the I-485 form the green card. The form says that it expires on 10/31/2020 but there is no updated form. I want to submit my green card application, can I use that application despite it is expired or no?
Thank you.
If that is the form still on the USCIS website, it should be fine. If you check the I-485 web page at http://www.uscis.gov, there is a link to edition date, which tells you which editions of the form are still accepted. Take care, Jason
Google reviews, yelp or avvo.com might give some idea.
how to know about the immigration attorney’s success rate? how many cases he/she won and lost?
There is no way to know aside from asking the person. In my case, and I think for most lawyers, we really do not keep track of our success rate. The better course is to have the attorney evaluate the strengths and weakness of your case and explain how to address the weaknesses. I did a post on October 29, 2012 about this point – maybe it would help. Take care, Jason
I applied for asylum in Feb 2020 and I have been recently fingerprinted. I’d like to be interviewed as soon as possible. If I ask the Chicago asylum office to put me on the “short list”, how long should I wait to get an interview, considering the reduced work load due to the pandemic.
I do not know, as things are pretty slow now and the short lists tend to be fairly long. Anyway, if they have a short list and you can get your name on it, you will either get a faster interview date or you will be interviewed based on the regular schedule (whatever that is). I wrote about expediting a short lists on March 30, 2017. Take care, Jason
What is DACA program. Are we eligible under, we have came with our girl and applied asylum 2016. Is our daughter covered by DACA program, please advise.
Thank you Sir
DACA is for people who have been in the US a long time, and so if you came here in 2016, I think you would not be eligible. DACA stands for Deferred Action for Child Arrivals, and so you can Google that phrase and see what USCIS has to say about the program. Take care, Jason
Hi Jason,
I expedited my asylum interview and I already did it around 2 months ago, and the officer told me ”don’t come to the office to get the result cuz we will mail it to you”, but I haven’t received anything yet.
Is it bad to contact the asylum office once or twice to inquire about my result?
Thank you.
This type of delay is common, and contacting them often does not help, but there is no harm in trying. I contact them by email. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi Mohamed, good luck to you. Could you share what kind of reasons you used to expedite your asylum interview?
Thank you!
Hi Jason,
A quick question but I could not find online. Does the asylum applicant who has valid EAD card but have not been scheduled any interviews yet work at a federal contractor? The corporation is in healthcare industry, it is not a hospital, government, non-profit agency. It does not state that they only want citizens or people with valid visa to work for them, but can asylum applicant without valid visa work for them?
Thank you!
It depends on the job, but unless there is a need for a security clearance or US citizenship or residency, the EAD allows you to work anywhere that will hire you. Take care, Jason
Hi Jason. I have one question. I applied for an asylum on Summer. Right now I have my defensive asylum receipt number. But when I am trying to look up from the USCIS system with my receipt number it is showing invalid number… nothing is not showing on the system. And I tried to call EOIR to know more information about clock timing. And it says there is no clock with my alien number. What should I need to in this case… My 150 days have been passed and I am an ASAP member. Do you think I can still get my work permit with an ASAP. Thank you so much
If the case is not in court, the EOIR number does not work. But if the case was filed affirmatively and 150 days have passed, and you are a member of ASAP, you should be eligible for an EAD. If the case is in court, there are different reasons why there might be no clock – talk to a lawyer to be sure. But you would need to have a clock in order to get an EAD. Take care, Jason