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
Hey jason i tried to expedite my pending asylum case in june and due to a dangerous medical issue they mailed me a notice saying that they moved me to the short list of Chicago office and it’s been 7 months and I didn’t get any other notice or interview and some folks told me to mail them again but I don’t know what to say !? Like what’s the subject I should use while writing then again!!
As I understand the short list, it requires you to wait for an interview, and so the delay may be normal. But maybe it is not. I think there is no harm in emailing them again to (politely) ask for a status update. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
Any idea how long it takes now to receive an EAD renewal Receipt? Should we send applications more than 180 days before old EAD expires?
Thanks
We are seeing most cases take 5 to 7 month. Some are longer, and others faster. You cannot send the renewal more than 180 days before the old card expires; otherwise, USCIS will reject it. Take care, Jason
Thanks, Jason
I’ve sent EAD renewal application on 12/29/20,and until now I haven’t received any notice for receiving forms Is that normal?
Thanks,
These days, it is normal, unfortunately. As long as you sent it to the correct address, you should get a receipt soon. We are seeing people wait 5, 6, 7 weeks or more just for the receipt. Take care, Jason
Hi Jason, Do judges allow change of courts based on change of address to a a neighboring state? I would be 2 to 3 hours drive away from where I filed my asylum application but would prefer to have it moved to my current residence. Also, I am half way through the wait and was wondering if making such a request closer to the hearing date could impact the judge’s decision.
Normally, if you move to a new jurisdiction, you can move the case to the new court – you are required to file a form EOIR-33 within 5 or 10 days of moving, but you can also file a motion to change venue. If the judge grants the motion, the case will move. The judge does not have to grant the motion, and if you are too close to your Individual Hearing, the judge might deny it. Generally, though, such motions are granted. Take care, Jason
Hi Jason,
Do you think Biden’s administration would change back the Asylum process from LIFO (last in, first out) to FIFO (first in, first out)?
Thank you
I have no idea, but the group of advocacy organizations that I am in contact with will be lobbying for FIFO. I am not sure what the consensus is among advocates, but I for one prefer a return to FIFO, as it is more fair and the interview schedule is more predictable. Take care, Jason
My personal opinion. I have been waiting for interview since 2016. Everyone knows what I am feeling. However from that points to change it is not good for everyone. Let’s think most are the pending family in which position. If it changes again, new most applicants will wait at least 5 year which is disaster. For us , we already wait years and maybe 1 or 2 more years. But we have job maybe house and family here. So I think new applicants needs to know result asap . That’s why needs to keep same system.
There is a difference of opinion about which system is better, and I think there are arguments for both sides. I just come down on the FIFO side (doing cases from oldest to newest). I think (but I am not sure) that the majority of advocates would also come down on that side. Take care, Jason
Thank you for sharing your opinion. However, there must be no discrimination between families applying for asylum status regardless of the problems asylum offices face. This was never about solving the backlog problem. They could increase asylum offices’ manpower and not cutting their budget. I have been waiting for an interview for ever and honestly it feels like we are the forgotten ones. I am glad that you are optimistic, but sadly there is no guarantee that another year or two will solve the backlog problem. I doubt if many of us would give up our place in a supermarket line, let alone to something like this that deeply affects our future and well-being.
Asylum seekers trapped in the backlog have a little to no voice. They have been patient so far but It is time for others to listen. If you applied first, your case must be reviewed first because there is no difference between majority of cases – special cases excluded – other than the time of filing.
Hi Jason,
I submitted my application for green card based on granted asylum 6 months ago. I work for a company that sponsors for green card based on employment. I am thinking to apply for green card based on employment with the company i am working for. Would that nullify my application for green card based on asylum right away? What are the advantages/disadvantages in this scenario. I am thinking it would be beneficial to have green card based on work since it doesnt come with a lot of travel restrictions like the one. I would appreciate your comment on this. Thank you.
If you applied for asylum and get a GC by a different path, you will still have those restriction. No matter what code you will have on your GC (based on dv lottery, marriage or employment) USCIS will still have your asylum files.
If you still go back to your home country, this will mean that you lied to immigration and your GC can be revoked.
Thanks
If you already filed for a GC, you are probably better off sticking with that path. Even if you canceled that case and got a GC based on employment, it would not help in terms of travel. You filed for asylum and that is in the record already. In any event, except for travel to the home country, travel for asylees is not all that restricted. It is better to use a Refugee Travel Document than to use your passport, but normally, that would not be a basis for the US government to question your asylum status. Talk to a lawyer if you are not sure, but at this point in the process, I do not see the advantage of getting a GC based on employment. Take care, Jason
Does hiring a lawyer make the case go any faster? I am in the Texas area and looking on the website processing time for I-485 it seems it can take 3 years to get it processed. It is been 7 months since my application for gren card based on asylum was received and accepted by USCIS. Thanks
Maybe a lawyer can prepare the case more properly, since we (supposedly) know what we are doing, but a lawyer makes no difference in terms of the speed that USCIS process the case. A lawyer can try to expedite, but you can try that too – I wrote about expediting a USCIS case on January 28, 2020. Take care, Jason
Hello Jason,
I had my asylum interview few years ago , decision is still pending and I have gathered few documents related to my asylum case and trying to submit those and get a decision. Is it possible to make an appointment with an asylum officer and submit the documents? Because I wanted to explain all about those documents before submitting? Please give me some ideas. The asylum office that I went to interview doesn’t allow info pass. Please give me some advices.
Thank you.
I do not think you can go in person. You can write down what you want to say in a cover letter, request another interview, attach your evidence and scan/email everything to them in a PDF. Make sure to include your name and Alien number, and the date you were interviewed. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason I am filling green card application and I see a question asking for I-94 details but I don’t have I-94 instead I have I-95 which serves as the same but different form. What shall I do I am thinking to skip the part that asking I-94.
Other questions is that if the question does not apply to me like for example part9 about accommodation of disability and impairment, the part is not for me do I have to skip it or do I have to say No to Question number 1 that says are you requesting accommodations because of your disabilities?
For the I-95, you might circle the question on the form (by hand) and write “see cover letter”. In the cover letter, you can explain that you have an I-95, and include a copy of that. For questions that are yes or no, you need to answer – so if you do not have a disability, you can check “no”. I would try not to leave boxes blank, as USCIS could reject your form for that reason. Take care, Jason
Hi Jason
My friend became member of ASAP yesterday, now what the next he need to do, for work permit? I mean how he can apply?
Assuming he meets the other criteria, he can apply – you have to check the USCIS web page for form I-765, at http://www.uscis.gov. That has all the info needed to apply. Take care, Jason
What should i send with my form i765 ? Just the check and copy of the current EAD and 2 passport pics and what else? Or that’s it thanks
You have to check the instructions as it varies a lot by case. One thing you need is proof that you have a pending case, but there more and you need to review the instructions or talk to a lawyer. Take care, Jason
And what kind of evidence i need to send as I’m an asylum applicant?? I don’t have the receipt no more it’s been 4 years so what else jason i can send as an evidence?
If you have your receipt number, you can check that at http://www.uscis.gov and then print the web page that says your case is pending. If not, you can email the asylum office and see if they can send you some confirmation. You can find their email if you follow the link under Resources (at left) called Asylum Office Locator. Also, you should request a copy of your file – you can do that using form G-639, available at http://www.uscis.gov. This will get you a copy of the receipt, which is good to have, though it will take several months. Take care, Jason
please i need a help!!!
i’m renewing my ead and found these 2 questions on the form and i don’t know what should i do? i entered legally to the US as b-2 visa from the airport in jfk but i don’t know what kind of evidence needed!! help please
Did you enter the United States lawfully through a U.S. port of entry and were you inspected and admitted or paroled after inspection by an immigration officer? (If you answer “Yes,” you MUST provide evidence of your lawful entry.) YesNo30.c. If you answered “No” to Item Number
30.b., did you present yourself to the Secretary of Homeland Security or his or her delegate (DHS) within 48 hours of entry or attempted entry AND express an intention to seek asylum within the United States or express a fear of persecution or torture in your home country
I think you only need evidence of requesting asylum within 48 hours if you entered illegally. As for evidence of your lawful entry, you can use a copy of your passport, US visa, visa stamp, and I-94 (you can find the I-94 if you follow the link under Resources called I-94 Locator. Take care, Jason
God bless you Jason!
Just a quick question, my attorney filed I-730 follow to join petition, USCIS says case was sent on 27th Oct 2020 for visa processing. How much time will it take?
Keep the good work you always do for asylees.
Regards
Sorry case was sent to department of state for visa processing. Regards
It varies – some embassies are better than others. I have seen it take only a few months in some cases; other cases (where there are problems) can take years. If you look under Resources, you will see a link to the I-730 Family Reunification Manual. That has a lot of good resources about I-730 cases, and I think it talks a bit about the time frame. Take care, Jason
Thank you Jason, May God bless you and keep you safe always. Amen
Regards
Hi Jason thank you for your work to help everybody understanding the rules.
I have MCH in March 2021 .I want to know if BIDEN bill of 5 years passed before my MCH ,my attorney will apply for me without this hearing and I will get my legal status according to 5 years of being in USA ?or it doesn’t affect my court case ?
I plan to post about that bill tomorrow, but it is still a proposal and so it has no effect yet. We will have to see if it becomes a law. Also, most MCHs are being canceled due to Covid, so keep an eye on that. Take care, Jason
Hi Jason. I just want to ask you a question for my friend.
She submitted an asylum application in March 2019 and had the interview. But her case had been referred to the immigration court. The court arranged an INDIVIDUAL hearing on September 20, 2021 for her case. However, on August 31, 2020, she left the United States due to an emergency without doing anything and she was unable to attend her INDIVIDUAL hearing in September 2021.
The problem is what could she do with the coming INDIVIDUAL hearing? How could she ask the court judge to dismiss/terminate/close(I don’t know this official word) her case? Or anything esle? Could she go back to the US in the future?
If she cannot get back to the US (and usually, you cannot return if you leave while you have a pending court case), she will be ordered deported in September when she fails to appear for her hearing. This comes with a legal bar to returning to the US (usually 10 years). If she has a lawyer, the lawyer can try to request “voluntary departure.” Judges will not always agree to this if the person has already left the country, but the judge might. If the judge agrees (and DHS–the prosecutor agree), it will avoid the legal bar to returning and so it will be easier for her to come back to the US if she ever wants to. Be aware that, depending on the case, there may be other legal bars to returning, but if she gets voluntary departure, at least it eliminates one bar. Take care, Jason
Hi Jason,
Thanks for your relentless help for the asylum community.
Just wanted to confirm, when can I apply for my EAD renewal. My current one will expire in July 2021.
Thanks,
Be blessed!
The earlies you can apply is 180 days before the old EAD expires, so that should be sometime this month. Take care, Jason
Hi Jason
If an EAD application is returned due to wrong fee, should a new application be sent or the same one which was returned but with the correct fee?
Thanks
Unless something was also wrong with the application, you can just correct the fee and re-send it. Make sure to read the rejection letter carefully to be sure there were no other reasons for the rejection. Take care, Jason
Thank you, Jason!
Thank you so much!!!
Hi Jason good morning.
My question is, if someone applied for asylum in September 2020. According to New guidline, he can’t apply for work permit for 365 days. But if immigration bill passes, does he still eligible for biden’s liberal immigration policy? Can he also apply for g.c?
I don’t know that the bill will affect him. Hopefully, there will be some new regulations about work permits and we will return to the old system. In the mean time, apply to one of the organizations I mentioned in my last response. Take care, Jason
Hi Jason. My friend applied for asylum and got the first receipt on 18 th August 2020, that mentioned the details that, we got your application and now you can be in usa until you get any decision and all. He is done with his biometric on 15th September 2020. When he can apply for work permit?
If he is a member of Casa de Maryland or ASAP, he can apply for a work permit 150 days after he got the receipt. Check the I-765 webpage, http://www.uscis.gov, which gives information about that. If he is not a member of one of those organizations, he has to wait one year before applying for a work permit. Take care, Jason
My asylum is pending interview. Am l aloud to board Cruze ships. If so, which cruize ships are considered local. Thank you
I would not do that. If you go on any trip that requires you to go through customs when you return, you could face problems. You probably need Advance Parole to travel and return. Maybe talk to a lawyer to see what is safe if you really want to do this. Take care, Jason
Dear Jason,
The travel document is valid for one year and here are the processing time for two locations below:
– Texas Service Center
1.5 Months to 5 Months; Refugee or asylee applying for a refugee travel document
August 26, 2020
– Nebraska Service Center
7.5 Months to 10 Months; Refugee or asylee applying for a refugee travel document; April 03, 2020
Taking the case of Nebraska that is almost 1 year, how come a document that will be valid for 1 year can take 1 year to be produced?
If Texas can handle so faster than Nebraska why not doing load balancing as long as is the same document?
Why someone renewing the travel document taking again same processing time? while they have already all the required information?
Thanks and regards,
These are good questions, and hopefully the new Administration will make an effort to improve things. There was a proposal in about 2007 to make the RTD valid for 10 years (like a passport). Hopefully, that will be revisited. Take care, Jason
Hello Jason,
I am really worry about my EAD and my job. Last week I applied for EAD renewal under the (a)(5) category. My current EAD will be expired by Feb 22. If I receive the receipt before this date, will my EAD be automatically valid for 180 days? What if I didn’t receive it? Is there any way I can let them know about my situation?
As long as you filed before February 22, you should qualify for the automatic extension. Receipts can be very slow these days, but you will have no proof that you filed until you get the receipt. If you paid by check, and USCIS cashes your check, you can get a copy from the bank and that will have your USCIS receipt number on it. You can check that online. Otherwise, hopefully, you will just get the receipt soon so you will have some proof that your EAD is extended. I suppose if you do not get the receipt, you can show your employer the USCIS website that explains about the automatic extension and maybe they will accept that. Take care, Jason
Hi Jason, Do courts allow adjustment of status based on marriage to LPR provided that I have nothing that will disqualify me from adjusting status such as overstayed visa? I have no status besides the asylum application. In any ways should I file the approved I-130 with the court before my individual hearing date or do I need to wait for the court date?
I couldn’t access the archived posts; I get an empty screen. Does it require a specific browser?
Something is not working with the dates. You can try to search using the magnifying glass and then scrolling down. Sorry – there are always glitches on the blog. Take care, Jason
If you are in court, you typically would not be able to adjust status if you are married to an LPR. You could if you were married to a US citizen. There are exceptions to these rules, and I wrote about this on August 28, 2018. You might want to talk to a lawyer to review the case and determine your options. Take care, Jason
Thanx alot Jason
Dear Jason
Hope you and your family will be fine and healthy
I have a question regarding President new immigration proposed bill even it has to be passed by house and senate to become a law but a very good opportunity if it becomes a law for those who are away from their families for a long time.
1. My wife with her family being sponsored by her brother and a petition filled in 2010 as in f4 category and that was approved in 2014 since then waiting for priority date to become current so can she come on temporary visa to usa with her kids and wait here according to the summary of the bill or it doesn’t apply on her case.
2. I am a pending asylee waiting for my affirmative assylum interview since 2016 so will I be considered as tps
I will be greatful for your kind reply
1 – I have not specifically heard anything about the bill reducing wait times for family-based petitions, but I think I read that they hope to increase such immigration, so if it passes, maybe it will help. 2 – Asylum and TPS are different, so I do not think that would have an effect. However, we will have to wait to see the final form of the law to know if benefits asylum seekers in any way. Take care, Jason
Hi Mr Jason
I get approval of asylum in 2017 I received green card in 2018
With new president is there any expediting the procedures for obtaining citizenship? Otherwise what is the shortest way needed to obtain citizenship before 5 years
Thank you
I doubt anything Biden will do will make the process faster for you. If you look at the date on your GC, you can apply for citizenship 5 years after that date. You are allowed to mail the application up to 90 days prior to the 5-year anniversary. I wrote about this issue on December 2, 2020. Take care, Jason
Hi Jason,
I heard TPS can directly apply for GC if congress approved Biden’s Immigration Bill. Does it mean pending asylum cases can also apply for GC?
Any input please.
No one knows yet – we need to see the actual bill, not a summary (which is all we have now). In addition, the bill has to get through Congress and become a law, which won’t be easy. Only then will we know who is included. Take care, Jason
Hi Jason,
I am very nervous sometimes I can’t sleep the night I haven’t received my EAD receipt notice yet it was delivered to Texas support center on November 6 ,2020 together with my ASAP membership and I have Fedex receipt as a proof of delivery and until now I haven’t received anything from USCIS is that normal ? I have been 2 and half months since I submit my application. Any one can also advise if he/she facing the same long delay. Thank you
Check the USCIS Ombudsman webpage (a link is at right). It talks about delayed receipts, and many people are having this problem. I have not looked closely at that website, but maybe there is some advice for what to do. You can also try calling USCIS directly at 800-375-5283, but it is difficult to reach a real person there. I do expect you will get the receipt soon, but it is very stressful to wait under these circumstances. Good luck, Jason
I submitted on Nov 19 and also did not get my receipt. I called USCIS and they said that they already sent me the receipt 2 weeks ago and gave me my receipt number.
So calling them might help.
Hi Dan,
How did you call them ? It’s very hard to talk to a human being via their hotline.
I called my field office which is Chicago in my case. +1 800-375-5283
God Bless America and welcome back!
Hi Jason,
Hope you are doing well.
Is it true that tps holders can now apply for green card. Have you heard anything regarding this issue. Im under tps and asylum( pending still waiting for the I v)
Do you think I’m elegible for that since I have asylum case
Thank you so much
That is part of the bill proposed by the Biden Administration. It has to get through Congress first, and we will have to see how that goes. But if it goes through, it looks like TPS people will get fast-tracked for a GC. Take care, Jason
Hi Jason, thanks for all you do!
Kindly advise if my daughter who will turn 18 in March this year can apply for Dacca!
We filed for asylum in 2019, we’re re in removal proceeding for the the one year deadline, and our case is November 2021.
Can she go ahead to apply for Dacca? We both have been in the US since 2016.
Thanks again and God bless you!!
I believe to apply for DACA, you had to be in the US since 2007, but you can check the DACA requirements here: https://immigrationequality.org/legal/legal-help/other-paths-to-status/deferred-action-for-childhood-arrivals-daca/. Take care, Jason
Thanks for your quick response!
I have a pending asylum court case next year, do I qualify as tps?
I also filed asylum after the one year deadline in 2018, the Biden reform when passed eliminate the one year deadline. It this applicable to new applicants only?
Thank you !
TPS varies by country, and so you have to Google TPS + USCIS + your country to see the requirements. As for the one-year bar, that is a proposal in the Biden bill, but whether that will actually become law and how it will look if it does, we do not yet know. Take care, Jason
Thanks for your response Jason!! God bless you for all you do!!!
Hello jason
I’m applying to renew my ead tomorrow as an asylum applicant (c8) and i found the fees online is $410 but there’s something called biometric fees $85 so now I’m confused !! Should i send the cheque with amount $495 or just $410?
Most people now need to pay the biometric fee, so the total is $495. Check the I-765 page at http://www.uscis.gov to be sure about the fee, but if you are a member of Casa de Maryland or ASAP, you may be able to avoid the biometric fee. Take care, Jason
Hi Jason
Do we have to submit 495$ as one check or 410 and 85 on separate checks for EAD renewal?
Thanks
We normally send one check, but I think you can do it either way. Take care, Jason
Jason,
What do you know about this title “Biden plans early legislation to offer legal status to 11 million immigrants without it”. Can you tag me or post a link about details of Biden’s policy and how he plans on legalizing/documenting the undocumented people?
I think there is no announcement yet, and for this to happen, he will need the cooperation of Congress. So we will have to hope for the best and see how things go. Take care, Jason
Hi Sir,
President Joe Biden sent immigration bill to congress, it says create an earned roadmap to citizenship for undocumented individuals, it allows individuals to apply temporary legal status with the ability to apply for green card after 5 years. Applicant must be physically present in the US on or before Jan 1, 2021. My question is I’m asylum applicant with EAD since 2017, Am I qualified to apply for that if it’s become a law? Thanks
Mateo
We will have to see how the final law looks after it moves through Congress, but the initial draft seems to me to include asylum seekers. We will see how things go and who is included when and if this becomes law. Take care, Jason
Hi Jason,
My wife is applying for I-485 as a derivative based on my asylum petition.
She was in United States back in 2003 when she was a minor with her family.
Her father applied for asylum and got denied. After the denials they received
a removal notice which said they have 30 days to voluntarily depart the USA.
But when that notice was received in 2004 my wife, who was a minor, had already
departed in 2003. Now when filling out the I-485 paper would that be a cause of
inadmissibility? Do we have to tick yes where it says have you been removed from USA?
Because overall all the time she was here was lawful and the removal paper that she got
was after her leaving the country. Please advice what to do? Will this be a problem for
her to get the Green Card? As I said she was a minor.
Thanks.
I do not think it will be a problem, but I cannot say for sure without knowing the full case. To me, the biggest potential issue is that USCIS (or the embassy if this is a consular case) might think she is trying to hide the prior removal/voluntary departure, so make sure however you answer the questions, you clearly indicate what happened in 2003/2004. To be safe, you might want a lawyer to review the case. Also, you might have her or her father get a copy of the file – the link at right called FOIA EOIR might help with that. Take care, Jason
Hi Jason,
Hope you’re doing well. My I-485 application based on grant of asylum was scheduled for an interview after more than three years of wait. I was wondering if interviews are expected normally and also if the interview is going to be more or less the same as I did three years ago. Besides, should I bring a lawyer to the interview?
I look forward to hearing from you!
Xavi
Congrats your case is moving and you are almost at the last step of your green card process.i know I’m not Jason but trying to help you with my experience. It is common, I have seen my friends who had interview but it was like going through the I485 form and some personal questions. It is always better to keep the lawyer if you can afford, officers will be cautious when we have a lawyer on our side.
Can you please share some details follows
1. What are your timelines ?
2. Are you a principal or derivative Asylee?
3. Which service center?
Best of lucky, everything will be fine and hope you share good news with all of us. Thanks in advance!
If your I-485 is based on approved asylum, sometimes USCIS interviews people; other times, they do not. I doubt they will get into the details of your asylum claim, but they could, and so you should be prepared for that, just in case. Whether you need a lawyer, I cannot say. I did a post on this issue (in the asylum context) that might help on July 7, 2016, but if you feel worried about the interview, you should bring a lawyer. The only downside to that is that it costs money. Take care, Jason
Hello Jason,
Hope you are doing well. I have a question. I am filing for I-485 form as a
derivative. With the application they want an approval notice of the
principal petitioner’s petition, that is the approval notice of an asylum petition.
The principal petitioner already has a green card. Besides the copy of the
green card as an evidence of petition approval can I send the Asylum approval
letter with the white card on the back which the petitioner received? We cannot
find the I-797 for the petition approval.
Thanks in advance.
If you are referring to the I-94, that should work. The GC should also work, since it will indicate that the GC was based on asylum approved. I do recommend you get a copy of the principal’s approval letter, as that is good to have. You can get that for free if you follow the link at right called FOIA USCIS. Take care, Jason
Hello jason
I have a pending asylum case in Chicago since 2016 and still didn’t get interviewed yet but i had a medical emergency issue so i sent a letter was written by my doctor in mid of June to Chicago office and they mailed me a letter that they moved me to the office short list and an interview will be appointed asap the office allows and today we are in January 2021 and still didn’t get any interview appointment or date at all?! Even though they moved me to the office short list! What can i do now?
Thanks in advance
In many cases, the short lists are not very short. You can send them another email to follow up. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Hi and happy new year Jason,
I was interviewed and referred to the judge soon. Here is my questions:
1) The judge will be referred to my old I-589 or I have to introduce a new one the day of judgement?
2) I would like to remove some other statements on my I-589 that are not important, can I modify it?
Thanks and regards,
1 – The judge will have the old I-589, but if you want, you can submit an updated form. You have to do that in advance of the hearing. The new rule is 30 days in advance, but that may vary depending on your judge. 2 – You can modify your statements, but you probably should explain why the original statements were wrong. Take care, Jason
Hi Jason! I was wondering what happens if I have tps and an asylum case at the same time, and at my asylum interview I am not grated asylum but sent to court. Will I have the tps
as a backup even if the judge denies my asylum case?
I have seen it work different ways – some people with TPS get sent to court. Even if they get ordered deported, they can still stay with TPS, though presumably, they would have to leave if TPS ends. I have also seen cases where courts will not adjudicate cases where the person has TPS. Take care, Jason
Hi Jason, I am renewing my EAD for the 4th time from state of New York. I only went once for the Biometric when i did the Initial EAD application. Is there any rule changes that now all the EAD renewals MUST to go for the Biometric ?
Unless you are a member of Casa de Maryland or ASAP, you have to pay the biometric fee (an additional $85 for a total of $495), but not everyone receives an appointment, even if you pay. Check the I-765 web page at http://www.uscis.gov to be sure, but I do not know how they decide who needs a biometric appointment – it seems some people get it and others do not. Take care, Jason
Hi Jason,
My question is, if my asylum case is pending (interview also pending), and I file my tax returns regularly and 5 years passed, and no criminal case or not any felony,I heard that it is must to grant an asylum on basis that I am a regular tax payer since a while? Is it true?
That is not true. It has essentially no effect on the case. But if you do not pay taxes, that could have a negative effect. Take care, Jason
Hi
I got granted asylum & i need to apply for green card my one year was up August 2020 i couldnt afford to apply that time is there a time frame to apply for greencard after being granted asylum?
Once you have been in the US for one year of physical presence, you can apply. If you prefer to wait longer, that is no problem. If money is the issue, you might look at the form I-912, request for a fee waiver, available at http://www.uscis.gov. Take care, Jason
Hi Jason, I have a of questions. I have been referred to court in Missouri. I am already in planning to change the state. My question is
Does Long Island has different court or the same as five Burroughs of New York
You are always helpful
Thanks
I am not sure, and there is no good place to find out – if you follow the link at right called Immigration Court, you can see all the courts in NY State, and maybe call to ask them about their jurisdiction. Take care, Jason
Hi Jason. I have one question I applied for an asylum last summer. With my receipt number nothing is not showing on Uscis website. And when I call the EOIR number to know about clock timing it says there is no clock with my alien number. And I received a fingerprint appointment right now. My question how I can make sure am I eligible to apply work permit? Im an Asap member by the way
Thanks again
Unless your case is in court, the EOIR number will not work for you. If your case is in court, and there is no clock, you have to try to communicate with the court administrator for your local court – you can call the court to ask about that. You can find their contact info if you follow the link at right called Immigration Court. For people at the asylum office, unfortunately, it seems no longer possible to see the number of days on the clock on the USCIS website, and so you just have to keep track of that as best as you can and apply when you think you are eligible (150 days after the I-589 is receipted, if you are a member of ASAP). Take care, Jason
So I can apply on both after 150 days right? Doesn’t matter my case in the court or not…
That is not necessarily correct. The rules changed on August 25, 2020. If you applied on or after that date, you would have to be a member of Case de Maryland or ASAP to apply for a work permit. I wrote about this on September 23, 2020, but you can also check the I-765 web page at http://www.uscis.gov. Take care, Jason
Jason, how much does it cost in your office to file for a GC?
It depends on the case, but if there are no criminal issues or other problems, and if it is based on asylum granted, we normally charge $1500. Take care, Jason
$1500 (does it include USCIS GC fees?) Or is it paid separately?
Thanks again.
The government fee (currently $1225) is separate and we also charge $700 if we need to attend the interview (usually, we do not need to attend). Take care, Jason
Great. Thank you for the info.
Hi Jason, happy new year!
I had my interview two month ago and still did not get my decision , even though the paper I signed stated that it would take two weeks to get a decision. When I checked my status online , it was saying “decision is pending”, but when I checked today , it said “your application is still pending”. I’m not sure why it changed and what it means , please give me some clarifications if you have any idea.
Thanks in advance
It is common to have delays after the interview, even when the officers indicates you will probably get a fast (two week) decision. As far as I can tell, the online change is meaningless. You can contact the asylum office to ask for an update about your case. You can find their email if you follow the link at right called Asylum Office Locator. Take care, Jason
Dear Jason,
Can you tell me if a derivative asylee still needs to file the I-693 medical form when applying for I485 if she has gone through it with a certified panel physician back in her country before coming to USA? The panel physician in my country did all the test and sent different copies to different agencies. So do I still need to submit the I-693 or I am exempt from it?
Thanks in advance.
I always thought that they did, but I am not sure. There is a link at right called I-730 Family Reunification Manual. That may tell you. Otherwise, you can always send the I-485 without the medical exam. We do that in most cases and it is totally fine. If USCIS needs the exam, they will let you know and you can submit it at that time. Take care, Jason
Hello Jason,
I am filing I-485 for for me and my daughter on the basis of my husband’s Asylum case. He has already got a Green Card. We have been here for 1 year and can now file for the permanent residency. I just have a question. In the form filing process it asks for a court records for criminal charges or arrests as an attached evidence to the form. Do I still need to take a record from the police if I had no arrests or criminal charges in my life or that paper only refers to people who had it? And also I am filing out the form of my daughter myself. At the end of the application because she is a minor. At the end do I add myself as a preparer of the application or do I just sign under the applicant?
Thanks in advance.
You only need to attach criminal records if you were arrested or charged with a crime. Otherwise, you do not need to do anything. As for your daughter, I suppose if you prepared the form, you should list yourself as the preparer. There is no harm in doing that. Take care, Jason
Hi Jason
Hope you are doing well!
Is it true that one must leave the US and go to his home country for the final step (getting green card visa) for employment-based immigration like EB-2 etc.?
Regards.
I am on the final step. I transfer my case from my home country to 3rd country waiting for interview. Yes if you have pending asylum case , you have to leave US to get green card. That is so long process. I started 2017 and still did not finish
It depends on the facts of the case, and so you might want to look into whether you can process the case in the US (most people cannot, but you never know). Take care, Jason
In many cases that is true, but not all cases. It depends on the case. I wrote about this issue on August 28, 2018 – maybe that would help. Take care, Jason
Hello Jason, happy new year! now that the democrats are likely to get hold of senate as well. If they do so, what significant changes do you anticipate from them in terms of asylum backlogs and new asylum applicants? Do you foresee an improved and more efficient process?
Sorry if it’s a vague question
I am still waiting and hoping that the coup will end. But if Democrats do control the Senate, we might see an immigration reform package. Whether and how that will affect court and asylum office backlogs, we will have to wait and see. Take care, Jason
Greeting and happy new year Mr Jason,
Thank you for your continuous support and I have few questions regarding EAD application . I am asylee with Green card application pending . I got my asylum grant in March 2019 & my EAD card in May 2019. I was applied with fee my EAD before asylum grant but the EAD card was issued after asylum was granted . So, my EAD will expires in May 2021. So I have the following questions :
1) what is the best time for me to apply for EAD?
2) Under which category should I fill EAD application A5 or C9 ?
3 )In this situation Is my application fee is free or not ?
Thank you so much again for your help,
The asylee
1 – You can apply up to 180 days before the old card expires (i.e., now). 2 – For asylees with a pending GC, we file under a-5. There was a time when we filed under c-9, to try to get a “free” EAD (included in the price of the I-485), but then USCIS rejected a few applications. Since then, we always file a-5. 3 – You could try to use the I-485 fee receipt to “pay” for the new EAD. My guess is that USCIS will reject it, but you can try. We now have our clients pay, since we have had USCIS reject attempts to use the I-485 fee receipt in lieu of payment. Take care, Jason
is there a way to facilitate your spouse sponsorship process to bring her to USA. p.s. I am a greencard holder
If you previously won asylum, and that happened in the last 2 years, you can file an I-730 (assuming you were married at the time asylum was granted). There is a link at right called I-730 Family Reunification Manual with info about that. Otherwise, you would file a form I-130, available at http://www.uscis.gov, and she could consular process. You can try to expedite the I-130, though that is not easy. I wrote about expediting USCIS cases on January 27, 2020. Take care, Jason
Hi Jason, Thanks for your help
My family I-730 was approved 8 months ago but due to COVID embassy is processing most of the immigrant visas whereas processing non immigration visas. My wife case is at NVC and not moving forward
Is there any thing we can do in this situation?
Sorry typing mistake
Embassy is not processing immigrant visas
At right is a link to the I-730 Family Reunification Manual. If you check that, it has some ideas for trouble shooting and contacting the various offices when cases are delayed. There is also this web page, which has some contact info: https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/nvc-contact-information.html. Unfortunately, it is very difficult to get these cases to move along, but contacting them is worth a try. Take care, Jason
Hi Jason,
Thank you so much for your help and support.
My work permit will be expired on 06/09/2021.
When am I supposed to apply for a new one?
What is the name of the form or how to do this process?
The soonest you can apply to renew is 180 days before the old card expires, which is pretty soon. Use form I-765, available at http://www.uscis.gov. Take care, Jason
I applied for asylum and approved in August, 2018. And I have already get the Green Card. Then I apllied for my spouse through I-730. In November, 2020, my spouse received I-730 Approval Notice. I know he can apply for EAD card right now. But I’m not sure when he could apply for I-485. Right now? Or after one year form his approve date? Thank you so much!
If your spouse is in the US and gets his I-730 approved, he is now an asylee. One year after that, he can apply for his GC (assuming he meets the one-year physical presence requirement and all the other requirements for a GC). Take care, Jason
So you mean from his approve date, he has to wait one year to apply for his GC,right?
From the asylum approval date, you have to wait one year and then you can apply for a green card. However, if you leave the US during that year, you have to wait longer – for each day you leave, you have to add on one day to the waiting period. So if you leave for 2 weeks, you have to wait for one year + two weeks before applying for a GC. Take care, Jason
Jason, I applied for an EAD based on asylum approved in Sept and got a Case Rejected notice because fee amount was wrong.
I did not include payment since if I am not mistaken it is free to apply for approved asylum EAD if you are applying for the first time.
Please correct me if I am wrong.
Thank you!
If it is your first EAD after asylum is granted (under category a-5), there is no fee. It could be a USCIS error, since they seem to be making a lot of errors lately. You can re-submit the case with a printout from the USCIS website (maybe there is something in the I-765 instructions or the web page) indicating that the first a-5 EAD is free. I would highlight the language that the EAD is free, and I might also (politely) ask them to expedite, since your EAD was delayed due to their mistake. Take care, Jason
Yes it is my first EAD under new category.
Thank you very much for your valuable response Jason.
Hi Jason,
I am an asylum applicant. I got my asylum interview 2 years ago and still waiting for decision. My company is offering H-1B visa. Could you pls let me know if applying for H-1B visa through my company effect my asylum case? What happens if I get H-1B visa?What are the advantages and disadvantages of H-1B vs asylum? Thank you so much
I did a series of posts in August and September 2018 that talk about getting a green card while asylum is pending. Much of that applies to getting an H1b visa as well. Assuming you are eligible, if you can get an H1b, you can have that status while asylum is pending, and maybe get a green card later based on your employment. In terms of the asylum case, it has no real effect on whether you win or lose. But if you lose and you have no status, your case is referred to court where you can try again for asylum (or other relief). If you lose and you have H1b status, your case will not be referred to court, and you will continue here on your H1b (and you can re-apply for asylum again at the asylum office, but there is a slightly different process than when you applied the first time. Take care, Jason
Hi Jason, from your client experiences, what year of I-485. Cases is being processed for a VA resident? I applied in 2019 and have gotten no response after doing a finger print. The time line on the status check website is a little unreliable as it changes dynamically.
There is no normal, at least as far as I can tell. Some cases are taking less than a year; other people have been waiting over 2 years. You can try calling USCIS at 800-375-5283, but it may not help since you are still within the normal processing time. Anyway, you can try. I wrote about expediting a USCIS case on January 29, 2020. Take care, Jason