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 sent out the i765 form with all the documents they need on February 4th and they received the package on February 8th as fedex tracking shows me but I didn’t get any notice yet nor they withdrew the $495 out of my account! Is that normal or am I having an issue!?
Thanks in advance
A lot of these cases are slow, and so if it is received, they will probably send you a receipt soon. Take care, Jason
Hi Jason,
I have filed my Asylum case on June 2020 in Newark Aylum office as I have submitted a copy of my 2 passports (Current one) and another one which has been ended however I had an old passport ( first passport I had in my life) I haven’t submitted a copy from it because at the time of filing I wasn’t get it.
Does it need to submit a copy for this one too at the time of the interview or no need ? That will be a lot of passport copies with them does that something I shall worry about just in case I didn’t provide or I can provide a copy during the time of my interview?? Thank you god bless you.
When we have old passports, we submit a copy of the photo/bio page, and sometimes the US visa page and any other pages with stamps. This is not always important and depends on the case. If you have that passport, you should bring it to the interview (along with all passports), as they may want to see it. They can then copy any pages they need. Take care, Jason
Applied work permit renewal , its been 5. Months and 10 days since i recieved 797 reciept ,
It says CASE was UPDATED to show FINGERPRINTS WERE TAKEN
USCIS often re-uses fingerprints that were taken previously. Hopefully, this means that they are finally processing the case. Take care, Jason
A claim was filled against my business and me personally, the claimer threatening to sue me to collect the money of the loss.
Since I can’t pay the loss, I’m thinking to file for bankruptcy, but not sure if filling for bankruptcy will affect my current emigration status (granted asylum) and any future applications with USCIS.
Sincerely,
Adam
It would have no effect on asylum and should have no effect on any future status, as long as you are paying taxes and following the law. Take care, Jason
Hello Jason,
Hope you are well. I have a question. It has been more than a month I have filed for I-485 for me and my daughter. But until now USCIS hasn’t cashed out my checks and hasn’t sent any receipts. What should I do? Do you think I should call them to check if they have received my packages?
Thanks in advance.
You can try to call (800-375-5283), but many people are experiencing these delays, and so it is probably “normal.” You might double check that you sent the form to the correct address and – if you used certified mail – that it was received. If so, you will probably have the receipt within a few more weeks. Take care, Jason
Hi Jason I filed written pleadings on Friday like the court ask to do it.I did it with my attorney.and in the Wright side where it show next court hearing my attorney wrote “none”
And he requested 3 hours for my individual hearing .I just want to know because the court asked us to do the written pleadings before my MCH date it’s good ?and I want to know how long it could take to send me the next hearing date but here our immigration court was closed since one year for renovation .do they cancel my individual hearing and give me the decision quickly about my case ?my immigration court is in Kentucky
It sounds like you did what you were supposed to do, but without seeing the case, I can’t know for sure. There is no way to predict when the case will be set for an Individual Hearing and when you will receive that information, as that depends on the judge – maybe your lawyer knows the judge and has some idea about the judge’s schedule. In terms of the decision, with very rare exceptions, you would need to appear at court and present your case, and then the judge would issue a decision, often on the same day. Take care, Jason
Finally I did the interview!
After 7 years waiting, I’ve done the interview today
Applied AUG/2014 interview today 02/24/2021
There are 7 or 8 applicants only , I was the 4th , And I was the only one showed up with a lawyer!!!
I was in a room my lawyer was n a room and the officer in a 3rd room all interview was over Zoom
They provided an interpreter also over zoom but without Video for the interpreter.
It took about 4 hours
Everything went smooth
All officers and employees were very friendly and nice with me & my family
I was at the asylum office in Miami
Question for Jason,
How long does it take to get the decision?
And if it’s Approved when can I apply for Travel document and the green card ?
Thank you!
Great news Sr.but you must take your patience and wait for the decision by mail.
If the said‘decision was mailed you must pray it can be referral to court “
If the said “fee waived “means you are approuved.
The decision can take 6 months or one year
Mine took 6 months and it was referred to court
Hi Elohim
Thank you for sharing your experience. You know, I read from another attorney online that the longer it takes USCIS to issue a decision, the more likely it is that you will get a grant, because they are likely running background checks or verifying documents .
That gave me a bit of hope in my own case, because my decision has been pending for 3 about 3 months.
From your experience, that doesn’t seem to be accurate because you were referred to court after 6 months of interview, correct?
I guess I will modify my attitude to hope for the best, and expect the worst.
It’s such an emotional journey in this nation. Even if you came in here mentally stable, which is hardly the case with asylum applicants, you end up mentally unstable before the asylum case is resolved.
I hope you get a positive outcome in court.
Congrats on finally reaching the interview. In terms of decisions, it is not predictable, as the officers needs to finish the work, submit it to a supervisor, and make sure security checks are done. In some cases, it takes days; in other cases years. Given how few people are being interviewed, you would think that they could at least quickly complete the work on a case like yours, but I have not seen that in my cases, including in Florida. If you do get approved, you can file for a Refugee Travel Document immediately and for a green card after one year of physical presence in the US (assuming you meet all the other requirements). Take care, Jason
Mohammad, we are in the same boat. I applied in 2014 and interviewed in 2018 but still waiting for the decision. I hope you get it soon. thank
Hi Mohammed,
Please keep us posted, okay?
I will continue to check here from any update(s) from you.
I have been waiting for more than 3 months for my own decision.
Good luck!
*for any update(s)
Hi Jason. My question For asylum pending interview applicants. I have valid AP between 1st of April and 15th of May. Can I leave now and come back in window. Or should I leave and return in window?
You have to return during the period of validity, and so you could leave now (or whenever) and return between April 1 and May 15. Take care, Jason
Hello Jason, my Fiancé is a Green card holder and I am a F1 student. We would like to get married. I would like to know what to expect in regard of procedures and working permit.
I did a post on August 28, 2018 that might help. But assuming you are eligible and a visa is current, it probably takes 4 to 6 months for most people to get a work permit, and the GC itself probably takes 14 months to 2 years for most people. Take care, Jason
You’ve probably heard about Immi lawyer arrests in NYC.
What to do if you are applied by yourself with a complete case and then have hired the attorney for your case to represent you in court.
The situation is very difficult, but what are we supposed to do in this case?
And what can happen to your case if one of those lawyers actually will represent you?
All your info will be leaked to government officials and your case will be red flagged in court and Immi?
Hi Jason,
My upcoming first Master Calendar Hearing is scheduled to be on September 19th, 2022 in New York. Is there anyway I can do to expedite the hearing?
Yes – you can try to make it sooner. I wrote about that on April 20, 2017. Take care, Jason
If one of the arrested lawyers was involved with your case in any way, you should find another lawyer. It will affect your case and you will need to prepare for that. In your case, it sounds like you can explain the situation (you did your case yourself and hired the lawyer to help with court), but you should also get evidence about that, including your correspondence with the lawyer, your contract, and anything else you may have. If you can explain the situation, you should be fine, but if you do not explain what happened, I think this could be a problem. Take care, Jason
Hi Jason,
We have interview scheduled for 03/01. Are there noticable change on the interview process associated with administration change? I heard that the interview time last for 2 Hr vs 8Hr. Do you see any hopeful thing on the ground?
Thanks
Fitsum
Interviews are now conducted remotely – each person is in a different room and you are connected by video conferencing equipment. Otherwise, it is about the same. The time for an interview is usually 3+ hours, with 5 and 6 hours being fairly common. In other words, I do not think they are any faster these days (though I was recently pleasantly surprised to have an interview that only took about 3 hours). I wrote about interviews on September 8, 2016 – maybe that would help. Take care, Jason
Hi Jason, Thanks for your help
Friend of mine came in this country on B1/B2 visa with his family and applied asylum five years ago against some religious groups in South Asia.
His interview was scheduled March 2020 but due to pandemic it got cancelled.
His wive’s father and brother died in these years while they were here
Now we are thinking to apply advance parole for his wife and children. My question is
Can his wife and children go back to home country and re-enter USA using advance parole
Is it safe
He won’t go there
Thanks
Hi Jason,
If I go to the Master Calendar Hearing by myself without a lawyer, the judge will not schedule me the Individual Hearing and he/she will schedule me another Master Calendar Hearing until I get a lawyer?
Usually, the judge will give you time to find a lawyer, but often that only happens one time. If this is the second MCH without a lawyer, the judge can force you to enter a pleading, state the relief you are seeking, and then schedule you for an individual hearing. It depends on the judge, though, as some are nice about this and others are not. Take care, Jason
If they are dependents on the case, they can do that. However, depending on the facts of the case, it could make it more difficult for your friend to win asylum (for example, if he is arguing that his whole family is in danger, but then some family members return to the country, it undercuts his argument). If the case was previously scheduled, it should be a priority to reschedule – I think he should email the asylum office and ask about that. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
I have received my First initial EAD receipt notice February 6 from Texas service center “ Knowing that I have filed it on November 6 , 2020 ” which almost took 90 days to receive it.
My question what will be the next step and when I can expect the next receipt and also the card are they going to take the same time frame like 90 days ?!
Note : I already did a finger print in 2020 after I filed my Asylum case.
Thank you and God bless your amazing work.
These receipt delays have been unprecedented, and so I do not know whether they signal additional delays for processing or whether USCIS will get the EADs issued in a timely way. At least you finally have the receipt and you know that the case is received and they are working on it. In the past, first time EADs have taken anywhere from a month or two to 6 or 7 months, and so it is not very predictable when they will issue the card. Take care, Jason
Hi Jason, thank you for this great platform.
I am a permanent resident through asylum. Applied for asylum in 2012 and got the approval in 2017.
Recently my father (who lives in my home country) passed away, and I really need to go back home for a while to take care of very important family matters.
My asylum case was based on fear from the Syrian government and it wasn’t safe for me to go back to Syria at that time. It might still be not safe but I am considering to take my chances due to the reasons that are beyond my control and the fact that I left the country more than 10 years ago.
My question is how will this effect my citizenship application (I will be eligible to file the N400 form in August 2022).
I am considering my options like should I disclose to USCIS that I have been to my home country or not. If so, will they take into consideration my situation? I really don’t have another option and I need to go back.
Also, do you think I should schedule a consultation with your office to talk about this is you think its to complicated to discuss here.
Thanks,
I wrote a blog post about this on January 6, 2016 – that is basically what I know, and so I recommend you take a look at that. I have had clients return, and no one has had a major problem due to the return. I expect you will be asked about it at the N-400 interview (or even at the border when you return). You definitely should not lie about it, as they seem to know a lot about people’s travel, and if you lie and get caught, it will very likely have bad consequences. If you want to do a consult about this, you can email me, but I am not sure I can tell you much more than this and what is in the post. Take care, Jason
That is my opinion. You can go to Turkey and use your ID to enter Syria. As my knowledge you can do it and return back Turkey so you can prevent to get stamps on your passport. You may consider that. Ask if you have any friend in Turkey from Syria. Good luck
I think the risk of USCIS knowing is worse than the risk of just telling them that you went. If they know, they may ask about it, and you may need to explain. It is very unlikely that things would be worse than that (unless there are other reasons to suspect that the asylum case was fake). But if you lie, and they find out, that will potentially cause very serious problems. I think bar far the safest course is to tell the truth. Lying about a trip to Syria would not be a good idea, especially in this case, where there is a compelling reason to return. Take care, Jason
Hi Jason,
I am in status of pending asylum. I have a question regarding EAC renewal process. I submitted my documents for renewal of my EAC, but I sent the check with amount of $410. They received my documents on 19 Dec, 2020, but I have not received any mail yet. After I sent my application I found that the payment for renewal should be $495 in total including bio metric payment $85. Since I submitted my check with wrong number, should I wait to receive any letter from them or resubmit to save my time? Because my driver license will expire on 3/3/21, and I can not renew it without EAC. Do you know any contact for them?
I am not sure the best answer here – they might reject the application for the incorrect fee, but I have heard about some cases being accepted, even though the fee is wrong. One option might be to cancel the check and send a new application with the correct fee and a letter explaining what happened. You could also try calling them to ask what to do: 800-375-5283, but it is very difficult to reach an actual person. Finally, you can avoid paying the $85 if you become a member of ASAP or Casa de Maryland and submit evidence of membership with your I-765. I wrote a post with links to those groups on September 23, 2020. Take care, Jason
Thank you so much. Take care Jason.
Hi Jason
I have a question regarding on how my case status is showing right now.
What does it mean when the case status reads”we have mailed your decision,you should follow the instructions in your decision letter on what to do next.
Thanks.
Dude if there is any update like “Card sent for Printing or we have ordered new card” before your last status then there is a good news otherwise put your A number in the below website to find the best answer
https://portal.eoir.justice.gov/InfoSystem/Form?Language=EN
It’s all based on the past experiences
Best of luck
Presumably, they sent (or will soon send) a letter with your decision. We have sometimes seen delays between the online message and the actual letter, but I doubt the delay would be more than a couple weeks. Take care, Jason
Hi Jason
I have a question regarding on how my case status is showing right now.
What does it mean when the case status reads”we have mailed your decision,you should follow the instructions in your decision letter as what to do next.
Thanks.
Presumably, they sent (or will soon send) a letter with your decision. We have sometimes seen delays between the online message and the actual letter, but I doubt the delay would be more than a couple weeks. Take care, Jason
Hi Jason,
I have a question regarding the location to file the green card application. I currently live in North Carolina but I have received a job offer and I will be moving to Michigan within a month. I am going to be sending my green card application within next two days. My question is if it would be okay for me to file my application to the Phoenix Lockbox instead of Dallas Lockbox since I will eventually be moving to Michigan. I can explain the reasoning on the separate letter as to why the application has been sent to Phoenix instead of Dallas. Do you think they will look at my reasoning or transfer it to Texas without looking. I appreciate your comments and expertise on this matter. Thanks
I would wait to mail the case until you have your new address. You have to mail the case based on the address on the form; otherwise, USCIS will probably reject it. If you have your new address, you can use that and mail the case to the USCIS office with jurisdiction over that address, but if you do not have it, you might want to wait. The problem is that receipts are often very delayed, and so if you mail the case and move before you get the receipt, you will not be able to change your address (you need the receipt number to do that). If you will continue to receive mail at the old address, I guess you can file it now, get the receipt there, and then file the AR-11 to change your address, but if you cannot get mail at the old address, you would probably be safer moving first and then filing the I-485. Take care, Jason
Hello Jason,
My master calendar hearing has been scheduled. Please how can I file a motion to advance the individual hearing I mean I must write a specific letter or I can just talk to the IJ during the hearing, and can I do this without attorney cuz I don’t have one right now?
You would be better off with a lawyer – I wrote about finding a free lawyer on September 22, 2016. Otherwise, you can ask at the Master Calendar Hearing, assuming it goes forward. You can also ask in writing. I wrote about this on April 20, 2017. Take care, Jason
Hello Jason,
I hope you doing good. I need to submit few documents related to my asylum case (decision pending)
A lawyer said me sending documents through email to the asylum office is unsafe. Is it true? Because you suggested me to email my documents in order to get my asylum interview decision. Please explain me and let me know.
Different asylum offices have different rules about what they will accept – some only accept short document through email (though we seem to get contradictory info about this). In any event, I have basically been ignoring that rule and sending whatever I need to send, and that seems to work just fine. For very long documents, such as evidence for the interview, I send it by email and also send a copy by mail. I also bring a copy with me, since they often lose whatever I send them. But for shorter documents, email has always worked just fine for me. Take care, Jason
Hello Jason,
I have a green card based on my asylum. I want to travel to Dubai to see my family there (I am not from Dubai). I have checked with UAE consulate, they don’t accept Refugee travel document. Can I renew my home country passport and use that to travel Dubai? I won’t travel to my home country.
You can do that. But it is better for you also to have the RTD (even though it is an added pain to get it). The reason is that you might be considered to have “availed” yourself of the protection of your home country if you use your passport. You will have to explain that you did not want to use the passport, but you had no choice since UAE would not accept the RTD. It will be easier to make that explanation if you have the RTD. The “re-availment” issue is less of a problem if you fear terrorists and do not fear persecution by your home government. All that said, I am probably being over cautious. I have had clients travel on their passports and not have a problem, but if you can get the RTD, that is the more careful approach. Take care, Jason
Hi Jason
We (myself, spouse and minor children) applied for asylum and got our receipts and similarly applied for our EADs and got them too
I discovered yesterday (while I was filing taxes to IRS and IRS identified the information provided is incorrect) that the year of birth for one of my children is incorrect on EAD card
I tracked it back and it turned out to be my mistake while I was filling up forms for EAD
Can it be corrected ? Because this has reflected all the way to child’s SSN, and needs to be fixed.
It may be more trouble than it is worth, but there is a way to correct the EAD – I think you have to check the I-765 instructions about correcting a card, and I think you will need to send the EAD card back to USCIS. I am not sure whether it will make much difference, and you can always inform the asylum office about the issue at the interview, but if you do want to fix it, I think the I-765 instructions, available at http://www.uscis.gov are the starting point. Take care, Jason
Thanks a lot
I understand, and it makes sense to explain the issue at the time of interview
But, if i do not get an interview lets say for next 2 years and my renewal comes up, can i correct the information and submit for renewal ?
You can – you would need to explain what happened. Depending on the age of the child, you may not want to renew, as renewals cost money and younger children generally do not need the work permit. Take care, Jason
Got it, Makes perfect sense, The only reason to apply for work permit for minor child was to receive SSN, which we have it. Now, not renewing work permit for her would not result in expiration of SSN, correct?
Also, Could I check directly with SSA to correct the year of birth? (I can provide them the birth certificate and other related proves) or would SSA will want me to go back to USCIS since they follow the date provided by them.
Incorrect year of birth will become a problem specially for admission in school
My apologies to making this chain long
The SSN remains valid even if you do not renew the EAD, and most parents do not renew for their young children. You can try contacting the SS office about correcting the date. I do not know the procedure, but maybe their website can give you an idea. I agree that it would be better to fix this if possible. However, if you cannot, you can probably inform the school about the correct DOB, and show them the birth certificate and passport. Take care, Jason
Hello Jason, I hope you are doing great! I have a question regarding I-131 Application for Refugee Travel Document. In Part 6 and section 3.b. it asks if I applied for and/or obtained a national passport, passport renewal, or entry of permit of the country I am an asylee from.
I do have a passport from my country of persecution and I got it before I applied for asylum. It has not been expired so should I check “Yes” or “No” for this question. I would appreciate a lot if you could clarify this to me.
Thanks!!
I do not recall the exact question, but if you did not renew your passport since you flied for asylum, I think you can say no. To be extra safe, you can circle the question and write “see cover letter”. In the cover letter, you can explain that you got your passport prior to asylum and that you still have it, but you have not filed to renew since you started your asylum case. Take care, Jason
Dear Jason,
Last month I heard that Biden’s team has a plan to give a path for 11 million illegal/undocumented immigrants towards GC/Citizenship. Are we (asylum applicants) who are here b/c of overstayed VISA considered Undocumented/illegal?
The Biden Administration released a summary of the plan, which is currently with a few members of Congress. Supposedly, the full plan will be released this week, and if so, we will get to see exactly what it contains. Take care, Jason
Hey Jason
I sent my application for I-765 for the renewal of EAD in November 2020 and it was delivered on November 13,2020 and I have not received the receipt notice.is it advisable to send another application.Thank you.
I am hearing this from other people on the blog and from my clients. Some people who filed in November are starting to get their receipts now (after 2+ months!) and so hopefully you will receive yours soon. I would wait a bit longer before filing again, but there is no way to know how long to wait. If you feel you want to file again, you should include a note with that application indicating that you filed before and did not get a receipt, and so you are filing again. Take care, Jason
Hi Jason I received mail from court so that my hearing is canceled and they said to submit written pleading before March 20 .what is that means ?it’s means they won’t interview me anymore but they want to see everything by writing?please give me your advice
Probably they want to know how you plead to the allegations and charges in the Notice to Appear. You will have to careful read the order to know what the judge wants, and you would probably do well to get help with this from a lawyer. If your deadline is March 20, and you have not yet found a lawyer, and if you want a lawyer, you should do that as soon as possible. Take care, Jason
Ok Jason .I have my attorney who call me for appointment and we gonna do everything before then.
After this written pleading what will be the next step?did they make a decision after that or I must go to individual hearing again ?is it good news when they asked for written pleading ?
I don’t know the case, but it seems like the written pleading will be done instead of going in person to the Master Calendar Hearing. The judge will likely send you a date for your Individual Hearing, where you will present your case. Take care, Jason
Hi Jason I will present my case in Kentucky.I am living in Kentucky and in the NTA they put I overstay my visa .I gave everything every evidence of my fear to my attorney.after written pleading my individual hearing will be long to do or it will be soon may be after 2 weeks ?
In some cases, an Individual Hearing can come quickly after the Master Hearing, but usually it is not very fast. IT really depends on the judge, but we typically see waits of about 1 or 2 years. If you have a reason to expedite, you can tell the judge at the hearing, and maybe that will help. I wrote something about that on April 20, 2017. Take care, Jason
Hi Jason my MCH was one year after the uscis decision .and they IJ will push it back to one or two year again ?is is possible ?I ask my attorney to expedite my individual hearing because of my wife situation .I cross my hands for the good news.i read the news that the congress will approve Biden immigration,if approved what could be our situation ?will we go to interview again ?
Hopefully, the judge will move your case along, but things now are very slow – partly because the system is a mess and partly because of Covid. As for the new immigration bill, I will look at it and try to post about it next week. Take care, Jason
Thanks Jason ,I have another question .in my EOIR first they put my MCH date and the judge and the number of the floor.but after sending me a notice of cancellation and to do written pleading before my MCH date , when I check my EOIR again I can read « there are no future hearings for this case »is that means I don’t have another hearing ?my attorney will do everything for that ?
It probably means that your case is not yet scheduled. If you want to double check, you can call the court and ask the clerk – you can find their phone number if you follow the link under Resources called Immigration Court. Take care, Jason
My case was scheduled on March 25 with the JUDGE NAE and the court address of Louisville and my room .but they sent me notice of cancellation and the said to send written pleading before the date.and when I check back my EOIR portal once again I don’t see my time and date anymore.but before I can check and see .but since they sent me cancellation letter of my MCH and to do written pleading it show no future hearing for this case
It sounds like you need to send in written pleadings by the deadline in the order. After that, presumably they will schedule an individual hearing. If you have a lawyer, you should check with the lawyer, but if you really don’t understand what to do, you can call the court to be sure – you can find their number if you follow the link under Resources called Immigration Court. Take care, Jason
Hi Jason,
I have a quick question related to my asylum based green card application and your response will be appreciated. I have sent I-485 form roughly 2 months ago and recently my case status was updated to: case was updated to show fingerprints were taken. But last time I did my biometrics was 4 years ago in 2017. Q: as far as I know biometrics are expired in 15 months, so is it possible that USCIS can use 4 years old fingerprints? Did you or someone else here have any information about this?
Thanks
USCIS can re-run the background check using the biometrics they took previously (since biometrics don’t change, there is no reason to re-take them when they are already on file). In short, this is normal, though in some cases, even though you get this message, they schedule a biometric appointment anyway. But in most cases you can avoid that. Take care, Jason
First I can check my MCH date and the time and the judge name .but since they sent me cancellation note to send written pleading,my EOIR shows «there is no future hearings for this case».
After submitting my written pleading my portal will be updated to individual hearing ?because I want to expedite my IH .
I wrote something about expediting court cases on April 20, 2017 if you are interested. Take care, Jason
Thanks Jason .this is the new rule of the director of EOIR
Posted on January 21, 2021
On Nov. 30, 2020, James McHenry, Director of the Executive Office for Immigration Review, issued a Policy Memorandum that fundamentally alters immigration court practice, eliminating master calendar hearings in almost all non-detained cases where the respondent is represented. This practice pointer provides tips and strategies for practitioners to navigate the new immigration court procedure.
Is that means no more MCH for many people ?
We’ll see. Everything now seems to be a mess and it does not really seem like they are following this rule. It seems like MCHs are just being postponed in most cases, and sometimes, they are sending orders to do the MCH in writing. This is a big change and probably will require some time to sort out. Take care, Jason
Good Morning Jason
I hope you are doing well. I submitted my I485 (adjustment of status) to USCIS in March 2020.
Today I received a letter from the Department of Homeland and Security Dallas Field Office that I have an appointment on Feb 24, 2021. Is it another interview regarding my Asylum? If yes, then what documents do I have to bring over there.
If no, then the letter says bring original documents that were submitted with I485. Please let me know which documents they are asking for.
My fingerprints have already been taken.
Please reply at your earliest convenience.
Thank you so much
Presumably, this is an interview for the I-485. The notice should indicate the purpose of the appointment and list what documents you should bring. There is no harm in bringing extra documents (for example, your asylum application documents). That way, you will have them if you need them. But normally, for an I-485, they want passport, birth certificate, marriage and divorce documents, children’s birth certificates, family member passports, evidence of arrests and dispositions (final outcomes) of arrests, etc. You really need to review the appointment notice to be sure, since I do not know your case and do not know what documents they might want to see. As a general rule, when it doubt about a documents, bring it with you. Take care, Jason
Hi Jason, i applied my asylum thru Vermont Service Center on Aug 21, 2020 and got my
I-797 Notice of Action on Sep 11, 2020 and then finger print on Oct 14,2020 but still no any updated for interview date.
1. Is it already a time to apply EAD and social?
2. Do i need 150 days or 365 days of applied date?
You can only apply for an EAD after 150 days if you are a member of Casa de Maryland or ASAP – I wrote about that on September 23, 2020, but you can also find info on the I-765 web page of http://www.uscis.gov. If you have not joined one of those organizations, you can join now and then apply for the EAD. If you are not a member of one of those organizations, you have to wait 365 days to apply for the EAD. Take care, Jason
Dear Jason,
My application received date is 08.21.2020 (notice date: 09.11.2020) on my i-797 notice of action. But you mentioned on you blog this rule applies to people who file for asylum on or after August 25, 2020. Do you think i am eligible 150 days that my application received date before August 25, 2020?
The 365-day rule applies to everyone who files for a work permit after August 25, 2020, and so that would be you. You have to join Casa de Maryland or ASAP to qualify for a work permit based on the 150-day time frame. Take care, Jason
I am an asylee and I want to apply for refugee travel document. I am little bit confused about Class of Admission on the form. Should I mention “A05” or J-1 visa? I came in the US on J-1 and my asylum case was approved in 2019
We normally list the status during the last entry into the US, so if the last time you entered, you used a J-1 visa, you can put that. Take care, Jason
Hey jason
Did you hear the news today? Biden administration just allowed 25k asylum seekers from mexico to come in the states and stay while waiting for the interviews!!! Fo you think things like that will make us waiting longer (the backlog victims) im waiting my interview since 2016!!!
I did not see that news yet, but it is expected that they will allow in certain vulnerable people and then more slowly allow others in who have been waiting. I do not know how many of these cases will be in court and how many will go to asylum officers (probably only unaccompanied minors will go to asylum officers; the remainder will go to court). In short, I do not know how much impact this will have on the rest of the affirmative asylum system or the court system. Take care, Jason
Dear Jason,
Hope you are doing well. Thank you for all the work you do!
I had my interview at Newark Asylum Office over a year ago. I since moved to California. Recently, after waiting 16 months for my decision, my case was transferred to SF office because a second interview was required. My online status still says waiting for decision, and it seems like SF office has put me in the backlog again. I can’t afford waiting any longer. If I do a mandamus lawsuit, can SF office argue that because they recently took jurisdiction over my case, my lawsuit is no longer valid? Thank you
I doubt that they would make that argument – the delay is with the Asylum Division. It seems to me that the particular office is not relevant. You might try emailing them – if they have informed you that a second interview is needed, they must have looked at the case, and so you would think this would be at the front of the queue. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason
My question is when I applied for asylum which is still pending at that time my son was 16 and now he is 20 unmarried does that makes any difference . The case is in mothers name . Is there any age limit ?
If you file for asylum and the child is under 21, and then you win asylum after the child is 21 or older, you can still petition to give the child derivative asylum (or if the child is part of the case, the child will get asylum at the same time as you). This is a law called the Child Status Protection Act. If the child marries, however, I believe he will become ineligible to get asylum (you might double check that, as I am not 100% sure – see the I-730 Family Reunification Manual under Resources). Take care, Jason
Hi Jason,
Hope you’re doing well! I’ve applied information asylum in 2017. So far no update. Is it possible to check my status online? If so how?
Regards,
Sami
I am not sure I understand the question, but if you applied for asylum in 2017 and have not been interviewed yet, there is nothing to check online. The only option is to try to expedite the case – I wrote about that on March 30, 2017. Take care, Jason
Hi Jason,
I’m a victim of abusive marriage, over the years my husband has become a religious fanatic I want to leave my country and move to the US with my kids what are the chances that I can apply for asylum.
Regards!
If you are physically present in the US, you can apply for asylum here. How strong the case is, I cannot asses, but domestic violence cases can be difficult to win. Cases of religious persecution are usually easier to win. Also, you will need to show that the government of your country will not protect you and that there is no where safe in your country where you can live. In any event, these all relate to the chances for winning. If you come here, you have the right to seek asylum. Do note that you are required to file for asylum within one year of arriving, and if you miss that deadline, the case be denied for that reason alone. Take care, Jason
Hi Jason
I have a pending Asylum case I filed my Asylum on June 2020 in NJ and just last month I got my work permit then I got hired by a company in NJ as a product developed manager I will need to travel like 20% from USA to Asia to develop the market there” for my company “Not including the country in which I applied the Asylum for”
I don’t know what I shall do ? How can I get a passport to enable me travel and back to USA , is that something makes me worry as I I traveled? Or as long as I have the proper documents so I can travel and back to USA normally ? Thank you 😊
With a pending asylum case, you need Advance Parole to travel. I wrote about this on September 11, 2017. Unfortunately, AP is very inconvenient and slow to get. You also need to give a humanitarian reason for the travel. Maybe you want to see if your company can sponsor you for an H1b visa. You would need to talk to a lawyer about eligibility, but AP is not going to be a great solution for you. Maybe you can try to expedite the case based on the needs of your employer. Again, this will not be easy, but maybe would be worth a try – I wrote about expediting on March 30, 2017. Take care, Jason
Hello Jason: My online status changed from “decision pending” to “application pending”. Does this mean anything? thanks
I really don’t think so – the online messages seem to change now and again, but as far as I can tell, they have no meaning. Take care, Jason
Hello Jason,
I hope you doing good.
I have a quick question. I filed asylum few years ago, decision is pending and I’m planning to send few documents through email or fax to the asylum office I filed my case. Which way is better and safer , emailing or faxing? Or can I do both at the same time.
Please let me know,
Thank you,
Shaz.
I always send to them by email or regular mail. I haven’t faxed them in years, and I am not even sure our fax machine works any more. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason
I am a pending asylum applicant along with my wife and children. We filed asylum on religious basis
I have my brother back in my home country who is the only one I have (he is divorced with no children), Parents passed away.
He is facing similar threats for which I along with my wife and children escaped from home country, I am very much worried for his well being
Is there any chance if can i ….
1. Include him in my asylum application here in US?
2. Sponsor him once my asylum is approved?
He cannot apply for US visit visa because embassies are closed
What option do I have to bring him here ?
Thanks
SAM
Unfortunately, you can only include a spouse or minor, unmarried child in an asylum application, and so even if asylum were approved, you would not have any legal mechanism to bring him here (once you are a US citizen, you can file for him, but that process takes over 12 years). Basically, he would have to find his own way here – he can apply for a tourism visa or student visa, immigrant or non-immigrant work visa, or DV lottery, to name the most common. Maybe you could help with this, by finding him a university and helping him pay the student fees, for example, but you do not have the ability to sponsor him directly. Take care, Jason
Hi Jason,
Pls advise me. I have a master hearing for withholding of removal of my asylum case on 10th of February, 2021. My attorney said she received an email that they are not opened to non detained cases and I did not receive any mail stating that it has been rescheduled. I checked the EOIR page the date and time has not changed. I do not know if I should go or not. Kindly advise me
Many cases are being canceled. If you are not confident in what you’ve been told so far, you can call the court directly and talk to a clerk/receptionist – you will need your Alien number and the date of your case, and the clerk will tell you if the case is postponed. You can find the phone number if you follow the link under Resources called Immigration Court. Take care, Jason
Hi Jason.
I have a question. Do the casa or asap member needs to wait for for intail EAD after 365 day on pending asylum after 25 aug 2020. Or thy can apply n get it after 180 days. please guide me. thanks
Members of Casa and ASAP can apply for an EAD 150 days after asylum was filed. For renewals, they only pay $410 and not $495, like everyone else. Take care, Jason
Hi,
Thanks Jason, so what i understand if i am member of casa or asap i dnt need to wait 365 days to file EAD and i can apply after 150 days like old system.
Please let me know. Thanks
That is basically correct – check the I-765 web page at http://www.uscis.gov or the ASAP website for more details about that. Take care, Jason
Hello Jason,
I hope you’re doing well! I have an interview scheduled for adjustment of status based on asylum. While reviewing my I-485 form I answered the question “Have you ever violated the terms or conditions of your non immigrant status?” No. I’m a bit confused now, I applied for asylum before my visitor visa expired but I was wondering if that enough or the answer to the question should’ve been Yes. If that’s the case will I be allowed to make amends during the interview?
I look forward to hearing from you!
I think you properly answered no, but you can tell the officer at the interview about this, and say that you are not sure about whether you violated your status by filing for asylum. The officer can tell you whether you need to change that answer or not. It is best to mention such things now, and I do not think it will cause a problem even if the officer thinks “yes” was the better answer (and again, I think “no” is the best answer, but there is room to debate that, I guess). Take care, Jason
Hi Querios,
Congrats for your interview.
Are you principal or derivative applicant ?
Can you please share your timelines ?
FYI I have been waiting for GC from last Two years at Texas Service Center and would appreciate your help.
Hi, Hope u doing good,
I want to know am applying for Ead first time. Am eligible as my case was submited in first week august 2020. Is there any fees for diling Ead first time? as before there is no fee. And biometric was also done before. please guide. thanks
I did a post on September 23, 2020 that might help. If you are a member of ASAP or Casa de Maryland (as described in the article), you should be eligible to apply for an EAD and I think there is no fee. Check the article and the I-765 web page to be sure. ASAP and Casa also have web pages describing the process to get a first-time EAD. Take care, Jason
Thanks Jason.
Is it fine if we become a member of CASA or ASAP i mean will it effect on the case.
thanks
It is fine and should have no effect on an asylum case. You only need to join one group to get the benefits, but you can also join both as they are both great organizations. Take care, Jason
Hello Jason,I applied for asylum Aug/2014 and since then no any update , 2 days ago I received notice by mail for biometric for my daughter who is 11 years old !!!
I asked everyone that I know they told me there is no biometric appointment for minors ? The appointment next week , honestly I don’t know what to do ? Have you ever heard of something like that , I did check with USCIS , after 100 time trying to call at the end they told me if the notice under her name she has to go ! They just reading the notice letter without any help!!!
For the last 7 years I didn’t receive any biometric appointment for me nor my wife , or any update on my case , This is happening in Florida state.
Thank you
Normally, they do not take biometrics from a child under age 14, but if you got the notice, I think it is best to go. Bring some proof of her age, if you have it (like a birth certificate or passport). My guess is that once they see that, they will not take the biometrics, but if you do not go, they might take it that you have abandoned the case. You can also email the asylum office directly about this – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason,
I received a disc 2 years after submitting an FOIA request about my pending asylum case and all it had was a copy of the asylum application, although I had requested the reasons for not getting a decision so far. Do you know what is going on?
Thanks
They often redact parts of the case, but usually you get more than that, and it is usually faster. You can request your file online now – follow the link under Resources called FOIA USCIS. It is free and usually takes only a few months, so it is worth another try. Take care, Jason
Hello.
I have one question. I applied for an asylum on June 2020. And as an asap member after 150days I applied for the work permit on November. Since that I didn’t receive any notice any receipt from Uscis. Is there anyone having the same problem. Jason can you help me what should I need to do if they continue this delay? I thought they have to give the receipt after 30 days of application submitted for an asap members.
More then two months have been passed now.
Thank you!
I think ASAP members were supposed to get the work permit in 30 day, but that has not been happening. Check the ASAP website to see what it says. People from late 2020 are having long delays with receipts. I am not sure what the best solution is. I guess you can file again, and include an explanation with your new filing about the fact that the first application disappeared. Or you might wait a bit longer – I expect receipts will arrive, but this is a very long wait. Take care, Jason
Jason,
When would Biden’s immigration bill be available for public or immigration attorneys to review?
I have not heard anything about that. I am not sure how they plan to introduce the bill, or when. But they seem to be moving pretty quickly, so it may not be that long. Take care, Jason
Hi Jason I think you’re doing good.my question is when Biden bill of immigration passed,it should affect the people who have not go to interview yet?or they people who get interview but no decision yet?or people who are sent to court by NTA ?all those categories could receive full grant without go to court?(means approval to get statut approved )
We do not know, as we have not seen the text of the bill (only a summary) and the bill will still need to get through Congress and become a law, so there is a long way to go before we have an answer to these questions. Take care, Jason
Hi Jason,
I’ve my a Master hearing in New York City’s court on February 22nd, 2021. I called them but they didn’t answer.
Do you’ve any idea if the courts are open or closed?
I want to expedite my Merits hearing because of family separation, what should I do please?
Most seem to be closed, but they are not making it easy to know. I had to call Baltimore today and luckily reached a person to tell me, but I could not find any info online about that. I would keep trying to call and also check your Alien number on the EOIR Case Status (a link is under Resources). You can also try calling the DHS Office of the Chief Counsel (a link is under Resources) – they are the prosecutors and maybe they can tell you. If all else fails, I guess you will have to go in person on the day of the hearing. In terms of expediting the case, I wrote about that on April 20, 2017 – maybe that would help. Take care, Jason
Hey jason
I asked you yesterday about switching my attorney but I’m kinda so confused! I applied on feb 2016 and my asylum case still pending and waiting for an interview though I’m on the short list but i still dinner hear from them!! No i need your opinion please as i wanna switch to a new attorney but the question is should i do as soon as possible ?? Or just wait until I receive an interview receipt then look for another attorney? Or should i call another one now and I really have no idea when will they gonna interview me!!!!!! ? Give me your advice please
2nd question:
How can I contact the USCIS to tell them
Don’t send any notice or receipt to my current attorney? I don’t wanna him receive anything on my case !! Is there any form i can send to the USCIS to tell them to count my attorney out??
Thanks in advance
If you plan to switch attorneys, it is better to do that now. If you try to get a new attorney when the interview gets scheduled, you will not have enough time for that attorney to help too much with the case. In terms of USCIS, you can email the asylum office directly – you can find their email if you follow the link under Resources called Asylum Office Locator. If you do that, you should also tell the lawyer and make sure the lawyer withdraws. Take care, Jason
Jason,
What would the benefit be of the “Mass Pardon” for undocumented immigrants? If it really happens. Can you give any hypothetical examples?
I have no idea, but my guess is that it would just make people who are already here legal, which would help our economy and allow the government to focus on deporting people who are criminals. We will have to see how the bill develops as it moves through Congress, as now is really too soon to know what will happen. Take care, Jason
I have applied for asylum in July 2020 when asylum applicants were eligible to apply for a work permit within 150 days, but now it seems like the laws are changed to 1 year, but not sure is it for everyone or only the applicants who applied for asylum after Aug 2020.
I read somewhere, for members of ASAP, the 150-day rule is still valid, thus I applied for the membership and got it in a day. Does that make me eligible to apply for Work Authorization? Anything I need to know before i use my membership with The Asylum Seeker Advocacy Project (ASAP)?
Your case is similar to mine, my asylum was also applied a little earlier than yours (June) and I have received my EAD as well using ASAP membership
Yes, now that you have possessed ASAP membership, you can easily apply for EAD
Everything remains same to apply for EAD except you must include a copy of your ASAP membership along with your i765 EAD application.
Thanks, this is helpful. just one more question, How much time did it take to get the EAD? A lot of people say it’s around 3 months?
Hey Sam, when did you apply and how long did they take to send you the EAD?
That should make you eligible after 150 days. I wrote about this on September 23, 2020. Also, check the I-765 page at http://www.uscis.gov. Take care, Jason
Just read that and it’s a great article, very helpful . thanks
hi jason,
I have applied to my EAD on august and I received my receipt notice 3 weeks later. Yesterday I was checking my case status, and they said that they are requesting my EAD to be printed. Today I checked my status and it says this
“” Case Was Approved
On February 2, 2021, we approved your Form I-765, Application for Employment Authorization, Receipt Number **************. We sent you an approval notice. Please follow the instructions in the notice. If you do not receive your approval notice by February 17, 2021, please go to http://www.uscis.gov/e-request. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address””
My question is that I’m confused I already received my receipt notice 4 months ago, or do they mean that they will send me the actual EAD card? or is it typo form their side. thanks.
This sounds like the approval notice and they are generating the card, which will (hopefully) arrive soon. Take care, Jason
Hi Jason,
I am an asylee along with my family waiting for our GCs which have been applied for. My question is, my son, who just turned 18, has been approved to receive SSI (social security income ) benefit in the form of monetary assistance. ( due to the psycological / and psychiatric reasons that he has been examined for ). So, if he starts receiving the SSI benefits, does this negatively impact his or our GC processing down the line, or when time comes for the interview ?
Thank you.
It should not. If he gets the GC based on asylum, there is no effect. If he gets it some other way, the public charge rule might be implicated (though I highly doubt it), but I would not worry about that – Biden has basically indicated that the public charge rule will be eliminated, so I think it is very unlikely there will be any effect at all, and so he should get the help he needs and not worry about this. Take care, Jason
Hi Jason,
What impact the 3 new exec orders Biden just signed has on pending affirmative asylum seekers especially those waiting for interviews for years?
We will have to wait and see. At this point, he is ordering a very broad review of a lot of policies related to asylum. It sounds like it will be another six months before we get the results for that, but we will see. Some other changes are happening more quickly (for example, ending asylum cooperation agreements with some Central American countries that were designed to block people from coming to the US through Mexico), but as far as I can tell, none of those will affect affirmative asylum seekers. Take care, Jason
Hey jason
I wanna change my asylum attorney as he is been rude to me so what are the steps to get another attorney? Just contact another attorney and that’s it ir is there any legal action to make him not represent me at all and I don’t wanna him receive any receipts or documents of my case!! How can i do that please !
That is your right. You should tell him to withdraw from the case and you can find another attorney. I did a post that might help on April 10, 2019. Take care, Jason
Hey jason
I checked the status of my pending asylum case online and it says next step is interview and that’s it!!! I need a fast way to get evidence that i have a pending asylum so i can send it with the form of renewing my EAD!!! What’s the solution now? If shows only next step is interview but not receipt number or anything!!
Try emailing the asylum office – you can find their email if you follow the link under Resources called Asylum Office Locator. Maybe they can give you something. Take care, Jason