Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Murray Osorio, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
Jason@MurrayOsorio.com
(202) 328-1353
Hi Jason I have some questions.I had MCH but it was cancel and they asked to send written pleading .We my attorney and I sent it.now when I check my statut on EOIR portal ,it shows “there are no future hearing for this case”. And this is one column now.before I could see my MCH date and time and the name of the judge.after submitting this written pleading, I can’t see it again.
Is that means they will give their decision soon or they will sent me individual hearing date ?my attorney sent another form to USCIS to ask them to send my case my asylum files to court too.
Can you explain it to me please ?i am confused
It is probably just that they took your case off the MCH docket (like all non-detained MCH cases) and the judge has not yet ruled on the written pleadings. How long that will take, I do not know, as it depends on the judge, but usually it is not more than a month or two. Your lawyer can always call the court and ask the judge’s clerk. Once the judge rules, you should get a date for the Individual Hearing. Take care, Jason
Hello Jason, I follow your posts and I just saw your recent post about your client who committed suicide. It is very sad and heartbreaking to read such a story. It is clear that the system is, in some ways, very dysfunctional and needs some reforms. The big backlog is one of the signs of such a dysfunctional system. But on the other hand, what about the Refugee Travel Document. The document is only valid for one year. Most countries require the travel document to be valid for at least 180 days (6 months) at the time of travel. For instance, the holder of the travel document can not travel to Germany in April, 2021 if the travel document expires in September, 2021 because the document must be valid for at least 180 days at the time of entering the country (Germany). So in practice the refugee travel document is valid for only 6 months. In addition, it takes between 6 to 9 months to get the refugee travel document after applying. Furthermore, you have to send the original RTD when you file to renew your current travel document so that means you can not travel between the time of filing to renew your RTD and receiving the new one. In some cases, asylees and refugees who want to travel to see their old dad who is in his eighties, sick and receiving treatment in a third country, but by the time they receive their RTD, their dad is already dead and they could not see him in his last days. This happened to people with approved asylum and refugee status. Sometimes, it feels like the system is designed in a way to be harsh on people. Why the travel document is only valid for a short period (most countries issue refugee travel documents for at least 5 years). ? Why it takes so long to renew it (given that the applicant has already been approved for a status like asylum or refugee and they already had an RTD)? What can we do to help avoid these long processing times that sometime lead to devastating consequence ?
I agree 100%. I wrote something about this on February 17, 2021. There was a proposal (maybe in 2007) to make the RTD valid for 10 years, and I believe this should be revised. We are doing some lobbying about asylum and this is an issue worth mentioning, though given the other problems, it is not the main priority. In any event, it is on the table and hopefully we will see a change here. Take care, Jason
Hi Jason, my question is if I have a pending asylum case (not interviewed) since 2017, can sponsor visa be done? If yes, than under which category?
Maybe, but unless you marry a US citizen, you probably have to leave the US to get a new visa or a green card. This may or may not be possible. I did a series of posts on this point in August and September 2018. Those may help, but if you think you have a chance to get status some other way, you will need to talk to a lawyer to be certain – especially if you have to leave the US to get your status, as this can be risky. Take care, Jason
Dear Jason,
My expedited for interview has been approved and in the online shows, my interview was scheduled. However, did not receive notification by mail for the date and time. My question is, usually how long takes time to receive notification?
It is the Arlington office!
Sometimes, it takes months. You can email them and ask them about the date – sometimes this helps. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Thank you Jason for yoy help. the other question I have there is any negative impact ask after asylum interviews delay decision? Or is the right things to do? Pls I need your recommendations.
Thank you
I am not sure I understand, but if you are asking whether there is any negative impact about inquiring for your decision, there is none – you can email them to ask about your case. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hello Jason, USCIS has this on their website:
If you have been in the United States illegally, then you may be subject to a bar to admission if you depart the United States, even if you have been issued a travel document. For more information, please see Section 212(a)(9) of the Immigration and Nationality Act (INA).
Who does this concerns? I came to the US on F1 and then applied for asylum and it was granted last year. I do not remember that I ever been illegally present here in the U.S but maybe in-between status although I applied for asylum when my F1 was still ongoing? It is scary that even with an travel document a person might still be bared from admission to the U.S
This does not apply to people who have asylum. It is called the 3/10 year bar, and I did a couple posts where I think I discuss it on August 28, 2018 and September 6, 2018. But if you have asylum, it is not relevant to you. Take care, Jason
Hello Jason
I had asylum interviews 5 months a go I haven’t received the decision what can I do?
Hi Jason
I had asylum interviews 5 months a go I haven’t received a decision I checked online every day saying that decision is pending I should Inquiry by email what can I do this point ? THANK
The first step is to email them and ask. You can find their email if you follow the link under Resources called Asylum Office Locator. If that does not help, you can inquire with the USCIS Ombudsman (there is also a link under Resources). They sometimes help with delayed cases. Take care, Jason
Hi Sir,
I applied for I-131 Travel Document in January 2021 and have been waiting for almost 3 months now and last week the cheque was cashed and I got the receipt notice with the case number. When I checked on the USCIS page for the case status, it reads as “Case Was Updated To Show Fingerprints Were Taken”……”As of March 26, 2021, fingerprints relating to your Form I-131, Application for Travel Document, Receipt Number LINXXXXXXXXXX, have been applied to your case.
My question is, I never gave my biometrics yet, I am waiting for the appointment date but the status on their page reads as though my finger prints were taken.
I tried talking to someone but never was successful in reaching anyone.
Can you please advise if I can leave the country assuming that they have used my previous biometrics information or should i wait for an official letter?
Please help, I should have left on April 1st but I cancelled my ticket because I didn’t hear from them.
Thanks.
All types of travel document cases have been moving slowly and so the timing is not a surprise (though it is unfortunate). We see cases taking from maybe 4 to 7 months. USCIS does often re-use old biometrics, and so probably they did that in your case. Take care, Jason
When Donald Trump became president, he imposed last-in first-out rule for asylum seekers in 2018. Now that he is no longer president, is it still LIFO or they went back to FIFO? Thank you.
LIFO is still the system. I know at least one lobbyist who is pushing for FIFO, and I am pushing for that too (to the extent I have time to comment on this), but some advocacy groups seem to prefer LIFO. I really don’t get that, but the point is, the advocacy community is not united about FIFO and it is not a major issue for them (again, I think it should be). For this reason, it will be an uphill battle to get the system changed. We will keep trying though, as FIFO is much more fair and more predictable. Take care, Jason
Dear Jason,
Hope you doing well.
Our I-730 was approved on March 4 and they have written that the notice to be received by March 19. We haven’t received any notice till now, yesterday we checked online case status they have written that “ you case has been approved on March 26, we have mailed you a notice and you will get it by April 9th…” what do you advice and think?
Best,
Mano
Hi Jason,
Are the dates scheduled now for Master Hearings temporary and it will be rescheduled after the courts open officially or not?
Thank you.
It depends on the court, but we are seeing all Master Hearings being postponed (except where the person is detained). Sometimes, we do them in writing, but generally, they are being postponed. Take care, Jason
Dear Jason,
Hope you doing well.
I would like to seek your opinion on below issue. Our I-730 was approved on March 4 and they have written that the notice to be received by March 19. We haven’t received any notice till now, yesterday we checked online case status they have written that “ you case has been approved on March 26, we have mailed you a notice and you will get it by April 9th…” what do you advice and think?
Best,
Mano
These seem to be slow, and so hopefully it means what it says, and you get some notice by April 9. The next step is consular processing, and so the case should be forwarded to the embassy to process the case (unless your relatives are in the US, in which case, they should get an interview here). Take care, Jason
Hi Jason, we come to know that house passed the bill and gave path to be citizen for dreamers and farm workers. Now it has to be passed in congress. Does they include asylum seekers as dreamers? Does it will help to asylum seekers if it becomes law?
There may be a few asylum seekers who also have DACA (Deferred Action for Childhood Arrivals – the Dreamers), but I expect it will be very few, since they would have had to be in the US since 2007. Take care, Jason
Hi Jason – What documents needed to file Asylum case? Do we need Driver License too?
Do we need to provide Evidences; and in what form?
Thanks!
To file a case, we normally just mail the I-589 form, a copy of passport, and a copy of info for dependents (passports, marriage certificate for spouse, birth certificates for children). Later, we submit other evidence – I wrote about that on April 18, 2018. You can also submit all the evidence at the time you file. You do not need a driver’s license to file for asylum. Take care, Jason
Thanks Jason! Wondering whats the quick way to find your comment on ” April 18, 2018″ Is it by keep clicking “Older Comments” or any other way to?
There is a search feature where you can search by month and year – it is a separate box called Archives. Take care, Jason
Hi Jason,
I have 2 questions, my then girlfriend (now wife) came to the US in Jan’19 on F1 and I came in Feb’20 on B1/B2. We got married here in the US and filed for Asylum in Feb’21 as we both are from different faith and have serious fear of persecution from our families and government institutions.
1. My wife recently graduated and received her EAD for a period of 1 year, any negative decision on my asylum application would impact her current status?
2. We filed the application in Feb’21, received the Receipt Notice on March 4, 2021 and Biometric appointment notice on March 27, 2021 and our appointment for biometric is on April, 14th 2021. Currently the status on USCIS website shows next step is an interview and I’ll receive the information once it is scheduled. In your opinion, by when I’ll be scheduled for the interview? Will it be before 6 months or after 6 months?
1 – I am assuming her EAD is based on OPT. If so, and if she is a dependent on the asylum case, a negative decision could result in her F-1 status being terminated and she could be sent to court with you. There was a USCIS memo a while back basically saying that this would be the path for denied F-1 asylum applicants. I am not sure if the memo was ever implemented, and I have never had that happen to a client, but I do think it is possible. 2 – They are trying to interview new cases first (under the LIFO system), but they do not have resources to interview all new applicants, and they choose people to be interviewed at random. Therefore, it is possible you will receive an interview in the next few months, but probably if you do not have an interview by June or July, you can feel confident that your case is in the backlog. If that happens, the time frame for an interview is not predictable, but it could take years (you could try to expedite if that happens). For now, you might still get an interview, so make sure to gather all your evidence, so you are ready, just in case. Take care, Jason
Hi Jason, Thank you so much for your response.
I have another question, right now me and my wife are awaiting our interview appointment but my wife wants to enrol herself in another program. She is currently on F1 Visa, 1 Year OPT. Her F1 is valid till 2023.
Will it create any conflict with the asylum application or any negative impact on that?
I do not see why there would be any negative impact, as long as she does not misrepresent anything. I suppose it is possible that changing to a new status might be denied, if that status is not compatible with the pending asylum case (for example, to get a new F-1 visa, you have to promise to leave the US at the end of your studies, but you cannot make that promise if you are an asylum seeker since you are trying to stay permanently). As long as she remains in the US, I do not see what problem she could have. Take care, Jason
Hi Jason ,I hope you are doing good.after submitting written pleading three weeks ago my attorney told me our immigration court is still in renovations and it can take 6 months .last year in February he told me one year for this renovation,now he said 6 more week and to wait until the send me individual hearing notice and if the date is far he will ask for expedite hearing because of my wife situation.what can I do in that situation ?i will have my individual hearing in Louisville court but they do it for many people in Memphis because of their building.
There are a lot of issues with the different courts. They sometimes give us a time frame for something (completing renovations for example) and then the time frame changes, and so it may be that your lawyer is giving you the best info he has, but then things changed. I guess you can always file a motion to advance the court date (I wrote about that on April 20, 2017), but depending on the situation, it may be better to wait before doing that, to maximize the chance that it will be granted. Take care, Jason
Hi, Jason
I’m an asylee. I submitted I-485 in July, 2020. And I received a notice telling me to use my previous fingerprint to handle this adjusted status. But until now, there is no further notice about that. And the problem is my A5 EAD card will expired in a few months. So I prepare to renew it. My question is should I pay for the A5 renew fee? (I had paid $1,225 for I-485 form).
I looked up the I-765 intruction, but I got confused about that.
Thank you!
We have had mixed luck using the I-485 receipt instead of payment. We had a rejection or two when we tried that last, and so we are paying the fee. However, if you have some time before the EAD expires, you might try using the I-485 receipt instead of payment – worst case, they will reject it and send it back, and of so, you can re-apply with the fee. It really should work, since there is no problem if you send the I-485 and the EAD renewal at the same time (at least we have not seen any problems with that). Another option is to try a fee waiver, form I-912, available at http://www.uscis.gov. Finally, for an asylee, you are eligible to work even without a valid EAD. It’s just that most employers do not understand that. Take care, Jason
Hi Jason,
I see that recently my status of the case change to this ” The next step in your application is an in-person interview. Once we have scheduled your interview, you will receive an interview notice. If you move, within 10 days of moving you must update your mailing address, online or on paper, at http://www.uscis.gov/addresschange.”
So what should I expect now???? In how much time I can be called for an in-person interview. Some places I did read it can be in 6 months but how would I know when the status changed so I can say oh it’s been 6 months now. Is there any way I can see the timeline on the case and change in status dates?
Thank you in advance
If it passed more than 21 days, probably you’re gonna wait three to six years . It depends where you applied. Good luck
Would you please elaborate your reply…21 days / where you applied… Thanks!
There is no time line and no way to know. There used to be a “scheduling Bulletin” that gave a very vague idea about the timing, but that is gone. If you filed 6 months ago, your case is probably in the backlog, meaning it is not likely that you will get an interview soon. You can try to expedite your case – I wrote about that on March 30, 2017. Take care, Jason
Hello Jason,
Thank you so much for explaining about the US citizenship act of 2021. 1) Does it mean that my case will get approved because my asylum decision is pending for 3 years. 2) Do you think senators helps to get the pending asylum decision? 3) How does the senators work on our case?
Warmly,
Shaz.
The Senate still has to approve the bill; otherwise, it has no effect, and at this point, that seems very unlikely. If the bill passes, many people who have been waiting in the asylum queue should benefit, but until then, there is no effect. Take care, Jason
Hi my friend,when your Statut change like that you will receive interview notice on one month .be prepare yourself .I received the same message and after one week I received interview notice .
Hi my friend,when your Statut change like that you will receive interview notice on one month .be prepare yourself .I received the same message and after one week I received interview notice .
Hi Jason – When one knows about the Immigration Judge on his case…Before master hearing or after?
If one wants to move to another state after filing Asylum; whats the process?
Thanks!
At what stage of case, its safer to move to another state (if needed)
It is best to wait until you have the work permit. Also, if you ask to move and it is close to the date of the individual hearing, the judge may refuse. Take care, Jason
Thank you, Sir!
During your case, When you find out that who’s is the IJ for your case…i mean before master hearing, or before individual hearing or at any other stage?
Usually you can find out before the MCH. Sometimes, the IJ will change though, but usually, they do not. Take care, Jason
If you follow the link under Resources called EOIR case status, you can find your judge’s name. You can also call the automated case information hotline at 800-898-7180 and find your judge’s name. You can then Google “TRAC Immigration” to find statistics on many judges. If your judge is new, you will not find any info about the judge. In terms of moving, you have to file an EOIR-33 with the court and DHS, and if you want to move the case, normally you would file a Motion to Change Venue to the new court. You might want a lawyer to assist with that, but you can also do it on your own. Take care, Jason
I applied my work permit in september , still waiting,
Can you please tell me how long its taking to get work permit i applied for second time as my first work permit expired in jan
The whole process has become very slow, and we see cases taking from 4 to 7 months. Your case seems pretty long, and so maybe you want to reach out to USCIS – you can try calling at 800-375-5283 or use the “Emma” virtual assistant at http://www.uscis.gov. On my blog, there is also a link under Resources called USCIS Help, which you can use to make an inquiry. Take care, Jason
How long it takes to get EAD nowadays?
It depends, but we are seeing renewals taking maybe 4 to 6 months; first time EADs are usually a bit faster. But it is really difficult to know, as different people wait different lengths of time. Take care, Jason
Hello Jason,
Thank for your time with valuable answers here.
My question is
I and my husband have green card with approved asylum based on marriage. Now having baby and almost after 3yrs of married life due to some issues we would like to have divorce.
1. when we apply for citizenship will it be a problem?
2. Do they check that base of asylum case at citizenship?
Thank you.
I am not quite sure I understand the question. If you got asylum and one person is the derivative, and if you now have green cards, there is no effect if you get divorced. If you do not yet have green cards and you get divorced, the derivative asylee will lose their status and have to apply again for asylum (it is an easier process called “nunc pro tunc” asylum). But if you both have green cards, there should be no effect. Take care, Jason
Hi Jason,
Thank you for all you do. I have a question, me and my wife , we are a married lesbian couple. We have been approved for asylum , but now since we both have an infinite love to children , we came to an important decision to have a baby. We know that we will have to go through a medical exam for GC in about 6-7 month. Do you think that might be a problem , especially if we decide to have a baby in a natural way, not through fertility clinics? Thank in advance
I don’t see how it is a problem. Are you concerned that USCIS will question whether you are really lesbians? Assuming there is other evidence of your sexual orientation (for example, you are legally married and have evidence of the marriage), I doubt it would be an issue to have a baby with a man, especially if you and your wife both parent the baby. Take care, Jason
Hello Jason,
I have a question. My husband is a permanent resident due to his asylum approval. Me and my daughter
are his dependents and are still waiting for our green card. If we want to travel to a third country do
we need to apply for Refugee travel document? Does my husband need to apply for a refugee travel
document, though he has a green card? And also his passport has expired should he renew it or not?
Thanks in advance.
It is better to have the RTDs. For your husband, he can re-enter the US on the green card, but if he uses his passport to travel, the US government might questions him: Why are you using a passport from a country that has persecuted you? If the persecution was from a terrorist group, for example, and not the government, this is less of a concern, but it is always better to have the RTD. For you and your daughter, I am not sure what you will have to re-enter the US if you do not have an RTD. I guess you can try to use your asylum paperwork, but I do not know whether that will work, or even allow you to board the plane to the US. I think it is much safer to have the RTD. Take care, Jason
Hi Jason,
Your blogs are indeed very helpful even though u r a jew…lol. They helped me a lot when i applied for political asylum and eventually was granted in dec 2017. I should have applied for greencard after 1 year but bad financial situation did not let me.
Am planning to do so in few weeks, i have a son who is 26 years of age now and he is mentally disabled, like he is type of 4 years child watching cartoons n playing with his toy cars. He was given disability benefits too.
Now when i see google i get scared that he cannot get greencard due to his disability though he is physically fine n was granted asylem with my case, please guide me on to this one
Thanks
Arshad
I know of no reason why he could not get a green card if he has asylum now. Even if he receives government benefits, that has no effect on a GC based on asylum. As far as I know, he can apply normally. If he has an interview, you should have some info, like a doctor’s note, about his disability, but otherwise, I don’t see any issue. Take care, Jason
Hi Jason,
What is public assistant mean in the new I 485 form part 8 item number 61?
Thank you,
Presumably that will go away, since the public charge rule (form I-944) is now no longer being used. In any case, a person with asylum is not subject to that public charge rule. Of course, since the form was poorly designed, it does not include asylum status as one of the exceptions, so I would always write that in by hand. Take care, Jason
Hi Jason,
My nephew was borne in USA in 2018; so become a citizen of this country. But his mother has not any status in this country. She is in USA take caring of her son using visiting visa. What she should do to become legal residence and to give continues support her kid. Here visa is now almost close to expiration date. Thank you your support!
There are different options depending on her situation, and whether any would work for her, I do not know. She should talk to a lawyer to go over specifics, but be aware that having a child in the US does not entitle you to obtain status here. Take care, Jason
Jason,
Any news about what Biden’s immigration bill would look like? Especially for providing a path to citizenship? Were you able to see/read it at all?
The main bill is the US Citizenship Act of 2021 and I wrote about that a few weeks ago. Another bill passed the House that is for Dreamers, farmworkers, and (maybe) TPS people. All these are just proposals for now, and we will have to see where they go – and push Congress to pass them. Take care, Jason
Hi Sir Jazon,
I have a pending asylum application with EAD, can I apply Labor Authorization and EB-3 others? I believed Visa for this category is open. My employer is willing to sponsor as caregiver to his Father, I’m also receiving government assistance. And if I get approved for a visa can I go back to my home country?
Your response is highly appreciated. Thank you.
Mateo
You can try, but in most cases, people need to leave the US to get the GC, and this may or may not be possible. Also, if you are an asylum seeker, returning to the home country may be a problem, as it might cause the US government to think your asylum case was fake (which would result in the denial of the GC case as well). I wrote a couple posts about these issues on August 28, 2018 and September 6, 2018. Take care, Jason
Hi Jason – Thanks for your helping gesture!
1- Wondering if DACA is finally a law?
2- How DACA helps dreamers; I mean are they getting green card or just status? How they’ll get citizenship?
3. Anybody under 15 Years age can apply for DACA or not (currently out of status but not in removal proceedings). Any option available for 14 years older dreamer?
Thanks!
Hello Jason,
what is the validity period of the second refugee travel document. My first one was valid for only one year and I am waiting for my second one. Is the second one going to be valid only for one year too?
Hi Jason – Thanks for your helping gesture!
1- Wondering if DACA is finally a law?
2- How DACA helps dreamers; I mean are they getting green card or just status? How they’ll get citizenship?
3. Anybody under 15 Years age can apply for DACA or not (currently out of status but not in removal proceedings). Any option available for 14 years older dreamer?
Thanks!
DACA is a law, but it is for young people who entered before (I think) 2007 and who meet the other requirements. A new bill, which just passed the House, would give those people a path to citizenship. But it has to pass the Senate, where Republicans are holding it hostage to the situation at the border. These are two completely different situations, and so holding up relief for Dreamers (as the DACA people are called) is unfair, but that is what they are doing. I do think there is a reasonable chance this bill will pass, in some form or another, and that would help many people. But it would also leave many people behind. Take care, Jason
Thanks Jason!
Could you please comment on:
Anybody under 15 Years age can apply for DACA or not (currently out of status but not in removal proceedings). Any option available for 14 years older dreamer?
To qualify for DACA under current law, you have to meet a number of criteria, including residing in the US since 2007. You can see the requirements here: https://www.uscis.gov/humanitarian/consideration-of-deferred-action-for-childhood-arrivals-daca. Take care, Jason
The RTD is always valid for only one year (there was a proposal to make it valid for 10 years, which makes a lot more sense). There is another document – the Re-entry Permit – that you can get using form I-131 that is sometimes valid for 2 years (depending on how long you had the GC and how much time you spent outside the US), but that is not supposed to be used in lieu of a passport – it is only to re-enter the US. Take care, Jason
Hello Jason, Can I travel to Mexico with my I-131 travel document while my I-485 is still in process? As for my finger prints regrading my form I-485, the USCIS website says:
Case Was Updated To Show Fingerprints Were Taken
As of January, 2021, fingerprints relating to your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number #########, have been applied to your case.
If you have a valid Refugee Travel Document, you can use that to re-enter the US. It does not matter where you travel. Whether Mexico accepts the RTD in lieu of a passport, I do not know. Maybe you can check on the Mexican embassy website or call them to ask. Take care, Jason
Could you please tell me how long did it take for you to receive your receipt for green card application? I applied on March 2nd, and I still have not heard anything back from the USCIS. My credit card has not been charged either. I had to send my application to the Arizona Lockbox facility based on the state I live in.
Hi Jason,
I have pending asylum since 2015 I have my wife & 02 daughters under 13 on application, i am from Pakistan & I am going to start corporation with someone and try to goto apply for E2, my question is can I keep my asylum application if not then how E2 turns to green card eligibility & how long ? Also which way is more safe to reach to Green card Asylum or E2?
Thanks in advance for answer
Hello Sameer:
I am not Jason but about your query, E2 is not an immigration visa, with that said, you cannot get a green card on the basis of E2. Well, your wife can buy the business and get an E2 and you as her spouse, but how it will affect your asylum case, that would be replied by an attorney.
I do not know about E2 visas, but if that is approved, you would most likely have to leave the US to get the visa (or to get a green card if you are referring to EB2). There are exceptions to this rule. Also, not everyone is able to leave and return, depending on the situation, so you need to have a lawyer look at the specifics of your case. I wrote about this issue on August 28, 2018 and September 6, 2018 – maybe those posts would give you some ideas. Take care, Jason
Hi Sameer,
I am also from Pakistan, applied in start of 2016, still waiting for interview, did you have your interview yet, which asylum office did you apply to?
Hi Jason ,the house passed the immigration bill.now I want to know about people who applied for asylum and get their case referred to court .
And for most of asylum seekers who have their case pending ,they will give them legal statuts when the bill passed and becomes law ?
The bill is for Dreamers and (I think) some TPS people. If such people are in court, they could probably benefit from the bill, but it would depend on the case (for example, if they are in court due to criminal issues, the bill may not help them). Take care, Jason
Ok Jason I understand.my case was referred to court and I already sent writing pleading like they said and waiting for my individual hearing to be scheduled.for how long it should take to schedule my individual hearing ?can I expedite this schedule with my attorney ?
The timing is unpredictable and depends on the judge – some are fast and some are slow. I wrote a post about expediting a court case on April 20, 2017 – maybe that would give you some ideas. Take care, Jason
God bless you Jason!
My husband, in USA, applied for expedite asylum request based on me and my daughter’s medical condition in 2019.
My husband’s Case was approved in august 2020.
Again on every expedite bases me and our daughter’s I-730 was sent to NVC on 27th Oct, 2020
Using NVC inquiry form, I asked the status of our petition, is my case is in NVC to transfer to my embassy.
They replied me this
Due to COVID-19 concerns, the U.S. Embassy or Consulate General in Islamabad suspended routine visa services. The National Visa Center will not forward I-730 visa petitions to Islamabad until they resume routine visa services. The U.S. Embassy or Consulate General will resume visa services as soon as possible, but they cannot provide a specific date. For the most up-to-date information about the U.S. Embassy or Consulate General’s operating status, please visit their website at .
You will be notified once this case is forwarded to the assigned US Embassy/Consulate General.
As of on embassy of Islamabad they are now interviewing all cases. Kindly guide me what to do?
Regards
I did not know that was the case in Pakistan. I am not sure what you can do. Maybe have your husband contact his Congress person? Maybe it is possible to process the visas in a different embassy? Your husband might want to talk to a lawyer who does a lot of I-730 work, or a lot of consular cases – maybe they know what to do when a particular embassy has closed its consular section. Hopefully, we will see things reopen soon, but in the mean time, those are my only ideas. Take care, Jason
Thank you Jason.
Stayed blessed
God bless you Jason!
Please guide
1-Will Writing to NVCExpedite@state.gov work?
2-Even they haven’t sent me welcome letter. Shall I inquire again ?
3-Will asking again and again give negative impact on my case?
Keep your great help!
Stay blessed always!
Regards
1 – Maybe that will work. You can also send a question through their portal (https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html). 2 – You can try. 3 – I do not think so, but I think it will not help to make multiple inquiries – I think you have to wait for them to respond, which is not always quick. Take care, Jason
Try to expedite request to embassy. Write to NVCExpedite@state.gov
That might help
Best of luck
Thank you Asylee! Yes I heard about that but I was not sure.
Dear jason,
I reported all my address changes to mu asylum case, just a query my residential address would be same , but i started business corporation at different address with my cousin, I hope that should not be a problem?
I do not see why that is an issue – if USCIS has your residential address, that should be enough (though for some cases, like asylum, at the interview they will need to update your employment info and other info). Take care, Jason
Hi Jason,
I have applied for asylum in October 2018, got interviewed in 2019 January and got my EAD in April 2019, since then I haven’t heard anything about my case.
My EAD card was going to expire next month, that’s why I have applied for the extension, while I was waiting for EAD with C08 category, USCIS sent me the EAD with A05 category last week. Of course, that made me happy however when I check the case status it still says “Desicion is pending” and I have not got an approval letter yet..
What does it mean and what action should I take? Could you give me a suggestion?
Thanks
You should email the asylum office to ask. Category a-5 is for people with an approved asylum case, so maybe it is a good sign, but without the approval letter, it does not mean much. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason
I’m permanent resident, I am unemployed and I did not work in 2020, this means that I am not required to fill out the tax form, but on the day of the interview in order to obtain the citizenship, they will ask me about the reason for the lack of or the tax form, or it is possible that they will see it as a type of tax evasion, what is the document that must be brought with me as evidence that I did not evade From the tax and the reason for not being nor the form because I do not have a monthly income
Thank you
My clients have not been asked about this. Maybe if you have some proof that you were not working (such as unemployment benefits or a letter laying you off from your job), you can bring that to the interview in case USCIS wants to see it. Take care, Jason
Hi Jason,
I have some questions.
1. If any asylum seeker want to give some suggestions regarding immigration policy, is it possible?
2 if “yes” what is the process for it? Does he have to mail a letter explaining his view to immigration director or any other department head like DHS.?
3 or I have to send an e-mail? And On which e-mail ID?
4 is it worth to give some suggestions or share my views on immigration policy? I mean do they take it seriously?
You can contact your Congress person and Senators. You can also contact DHS, but I am not sure the best contact number there. When new regulations are issued, they appear in the federal register, and there is a “comment period” where you can submit comments on line. I think they do often look at comments, and for the federal register comments, they (or at least someone in their office) are required to review them. You might also look into non-profits that are lobbying Congress and the Executive Branch to see whether you can work with them. I want to post something about such efforts, but I still do not know what exactly that will look like, and since everything is now done by Zoom, it is a bit more tricky to coordinate these efforts. I do hope to write something about it soon, though. Take care, Jason
Hello!
Big Thank you to you for helping people in need!
Could you please help me with below questions:
1. If one file Asylum case tomorrow at SF, how long it’ll take to get the interview? Is it LIFO they’re using?
2, Can one’s employer file employment based GC while he is working on Asylum EAD and was out of status prior to get EAD.
3. Wondering if rules changed by Trump (like No EAD before 365 days etc) have been reversed by current administration or not?
4. For COR cases, one has to prove extreme hardship for USCs. Was the level of extreme hardship was softened recently or not?
Appreciate your help!!
Thanks!
1 – No one knows, as some cases get interviews quickly and others fall into the backlog. They are using LIFO, but I do not know how many of the new cases are actually being interviewed (if you have a case at a sub office, I hear that they are not interviewing any of those for the next month or two, at least). 2 – The employer can file, but whether you can ultimately get a GC depends on the case (most people have to leave the US to do that, which may or may not be possible). I wrote about this issue on August 28 and September 6, 2018. 3 – Not yet, but the 365-day rule has been blocked by a court for people who join one of two NGOs – I wrote about that on September 23, 2020. 4 – For US citizens or for Green Card holders. I have not heard about any change to the legal standard for those cases. Take care, Jason
Hello attorney Jason!
I would like to know if I have an asylum pending and also have a TPS, if I go to my asylum interview and my case is denied. Will I be referred to court as it usually happens or will my case be closed at the asylum office level? I am concerned also because my spouse does not have TPS due to his nationality, and if this happens what would happen to him? Thank you!
I am not sure – I have not see the policy for that anywhere, at least not in a long time, and I get a sense that the asylum office is not completely consistent in how it deals with such cases. I think I have never had a TPS case referred to court or denied. I have had cases in court where the person had TPS, and that were referred to court by the asylum office (the person did not have a lawyer at the asylum office or used a different lawyer). For court cases, my sense is that if a judge wants to deny, at least some judges will issue that order and then, once TPS ends, the person will be required to leave. Other judges might refuse to adjudicate the case or admin close the case. I think it depends on the judge. Take care, Jason
Hi Jason, thanks for all you do!!
I wanted to find out the cost to renew work authorization. Or can any refugee organization help process work permit!! If they are , kindly names such Agencies and how they help asylum seekers!
Thank you!!
The cost is now $495 unless you are a member of either ASAP or Casa de Maryland (two non-profits), and then the cost is $410. I provided links to those non-profits in a post dated September 23, 2020. Also, you can try for a fee waiver, form I-912, available at http://www.uscis.gov, and if you qualify, you can avoid the fee. Take care, Jason
Thank you Jason!! God bless you!!
Hi Jason. I have interview at 3rd country for employment based green card. I have been in US since 2016 pending asylum. Do I need to get police clearance report from US?
Hi there,
I also want to apply for employment based green card. My current employer is willing to do so. these are question if you could answer please:
1) Did you take advance payrole for interview in third country?
2) how long was the whole process?
3) for third country which is the best choice?
4) if you could guide me please.
Thank you.
I started to process early 2017. So it is really painful and expensive process. But most hard thing to find 3rd country embassy. It took 18 months to find it. No body can help you to find an embassy who is willing to process your application in US. I contacted 38 embassies in the world which is not required a visa to enter 3rd country with my passport. So that is not just application what attorneys say. So my asylum pending since 2016 and I started a few months later. If your asylum pending more than 3 years , it will probably not work for you. By the way I can’t tell which country is 3rd country but it doesn’t matter just find one. Don’t believe attorney about it at all
If you go to the third country to process the case, please let us know how things go, as that will help others – Thank you, Jason
I do not know about that, but you definitely need to have a lawyer guide you through the process, as you do not want to leave the US and get stuck outside the US in a third country. I wrote something on this subject on September 6, 2018, but you need to talk to a lawyer about the specifics of the case. Take care, Jason
Hey friends, just want to share my RTD timeline for anyone who is interested
CASE HISTORY:
08/18/2020
We received your Form I-131, Application for Travel Document.
08/25/2020
The fingerprints relating to your Form I-131 Application for Travel Document, were taken.
09/08/2020
Your Form I-131, Application for Travel Document, was transferred to another USCIS office.
09/10/2020
We transferred your Form I-131, Application for Travel Document, to another USCIS office that now has jurisdiction over your case.
03/04/2021
We produced your Refugee Travel Document.
I now have the RTD in hand after i went to the post office & picked it up with the tracking number today! (March 8, 2021).
Question, Jason do you have to wait until the RTD is expired before u can renew it?
Unfortunately, the RTD process stinks. You do not have to wait until it expires to renew it, but if it is not expired when you want to renew, you are required to send the original RTD with your application to renew. Why? I do not know. It is ridiculous. Hopefully, they will change this rule and make the RTD valid for 10 years. Take care, Jason
Hi Jason,
It’s been 20 months my family GC petitions are pending from TSC jurisdiction. Now we bought a house in Michigan. We are planning to update address on USCIS. Below are the questions as follows
1. Do you think it’s best ides now to update my new address on USCIS?
2. We still have access to our old address at TSC jurisdiction. We are thinking by updating our new address it will create more delays as they will be transferring the files to NSC. Is it true?
3. Do they really transfer our GC applications to NSC to process it ?
4. I heard in the blogs that some times files will be transferred from TSC to NSC, in that process the files will be lost then what can we do? Is it possible? Did you hear anything happening like that in the past?
4.When someone changes the address from TSC to NSC jurisdiction, What is the exact process the USCIS follows?
5. Our family had I-730 interview in US, do you think we will have an interview again with principal Asylee as we moved to a new jurisdiction?
We are very confused whether to change address or not on USCIS because it’s been so long the applications are pending and by updating the address, we hope it don’t add more processing time to it and create any big mess.
Jason please help us by clearing all the doubts we have. I appreciate your help in advance!
God bless all of us!!!!
1 – Yes. If you move, you are required to update the address for each application. Use form AR-11, available at http://www.uscis.gov, which you can file online. 2 – I doubt it would create more delay. 3 & 4 – I do not know, and this is beyond your control, as it is their internal process. 5 – They might still get interviews, but if I had to guess, I would guess that they will not. Overall, I have not noticed any additional delay for changing an address under these circumstances. I suppose if you have the old address, you can choose to keep that as your mailing address, but I doubt it will make any difference, and if it is far from your new home, it might cause issues, especially if you get an interview in the old place. In that situation, USCIS might discover at that interview that you no longer live in the local jurisdiction, and they could require you to change addresses at that time, which would delay things further. Take care, Jason
Hi Jason,
I am applying for GC after 1 year of my asylum approval. Is the filing fee and biometric services fee paid at same time when submitting application I 485? On the same check (1140 + 85= $1225) or on different checks?
Thanks as always,
Either way – we usually submit one check for $1225. Take care, Jason
God bless you Jason!
I am overseas applicant, My husband is the sponsor in US. I have just inquired about my case in NVC through a public inquiry form travel.state.gov. I am worried will my inquiry give negative effect on my case? I just asked is my case in NVC or sent to the overseas embassy.
Keep the great work. Regards
It will not have a negative effect. It is a real problem that these cases are so slow, and I think it is very appropriate to inquire about the status. Take care, Jason
Thank you so much. You have always been very helpful for me.
Regards
Hi Jason,
My work permit will expire in August, 2021. So I have to apply soon to meet the 180 days before expiration. But recently I have got cases 1) Asylum 2) NIW and 3) I won DV lottery. But the case number of my DV lottery is too high that I may not get the last approval to process. My problem is: when I am applying for work permit using asylum case, I should enter C08 at “eligibility category” section in the application form. In the next page it says if you have I-140, Immigrant Petition for Aline Worker, enter the receipt number.
So, Can I use both for work permit application? Is there any special way for such overlapping cases? Thank you!
I think. If you have valid status other than asylum pending, You can choose different category.
Also. If you don’t have valid status in US. You can not get GC via DV lottery or any other GC. You have to live US.
I should have mentioned that I wrote an article about the DV Lotter and asylum on October 5, 2015. Take care, Jason
I think you would only include the I-140 receipt number if you are applying based on the EB-2/NIW case. Otherwise, if you are applying based on asylum pending (c-8), I think you do not need to include that. However, you might want to mention the I-140 number in the cover letter, as you do not want USCIS to think that you are trying to hide anything or submit an incomplete form. Take care, Jason
Hi JASON ,I am full time employee, what if Uscis doesn’t send receipt number and automatically extension before my EAD expired . I sent my EAD renewal application on 11 FEB 21 (category C08), My EAD WILL EXPIRE ON 26MAR 21. Uscis agent told me on the phone , They will send receipt number after 90 Days . Thank you!
For asylum pending cases, if the EAD expires and you do not yet have the receipt, you are technically not eligible to work. But as I see it, once you receive the receipt and later the new card, this problem is “cured” as the receipt will show that you submitted it before the old card expired and so the time frame from the end of your old EAD will be covered by the receipt, once you receive it. If the employer is flexible about this, hopefully you can keep working. Take care, Jason
Hi Jason,
Thank you so much for your help. I need to apply my I-765 form and have question about the feeling fee. If I am granted asylum what is the feeling fee? In USCIS page I found that there is 85$ biometric fee for those who is applying under c08 category and nothing that about a05. Is that means my feeling fee would be 410$?
Thanks
I think you do not need to pay for the biometrics. Also, if this is your first EAD based on asylum granted (a-5), it should be free. Take care, Jason
Hi Jason,
I have a pending case for 5 years now and I need to renew my EAD. I see there’s a new biometrics fee, do I need to schedule another biometric appointment other than the one I did a few years ago and how?
Thanks!
You either have to pay the fee (for a total of $495) or join ASAP or Casa de Maryland (I wrote about that on September 23, 2020). If you are a member of one of those organizations and submit proof, you can pay $410. If USCIS needs biometrics from you, they will send you a notice as part of the process. Take care, Jason
Hi Jason,
I hope you are doing great and are safe in these troubling times.
I’m an approved Asylee and applied for my GC in March 2019. It has been more than 2 years now, I am still waiting for the decision on my application. I have recently made a request to expedite my application on the basis of Urgent Humanitarian ground, as one of my immediate family members is terminally ill. I have the following questions
1.Do you think it’s going to have any impact on my application?
2. What are the chances of getting my Expedite request approved?
3. If my expedite request doesn’t get approved, can I go back to my home county to see my family member for the last time and say 😌 good bye?
I greatly appreciate your help and service to the community.Thank you!
1 – Sometimes expedite requests can help, and it won’t hurt, so you can try. I wrote about that in January 28, 2020. 2 – I am not sure, but there is no harm in trying. It does sometimes work. 3 – I wrote about that on September 11, 2017. It is some risk, but that article discusses how to reduce the risk. Also, you can contact the USCIS Ombudsman (a link is under Resources), they can sometimes help with delayed cases. Take care, Jason
Hi Jason,
How many days before EAD experation must Fill for renewal EAD
Best regards
To renew an EAD, you can file up to 180 days before the old card expires. Take care, Jason
What advice can you give?thanks.
Hello Jason,
What happens when someone is referred to an immigration judge after an asylum application fails to go through ..been given the first date to appear before the judge in April and again received the second maill with a hearing date in May….what can one expect?
I wrote about this on March 7, 2018 – that blog post explains the process. Coronavirus has changed things and caused a lot of delay, but the process is still basically the same as in that article. Take care, Jason
Hi Jason, My family I-730 was approved around 7 months ago and from that moment it is showing “AT NVC” I called once and the representative told me that they don’t do anything on these case just pass to embassy for further processing. is that right ?
Now President has removed the family ban so can I request NVC or is there any other better way
Please advise me. Thank you in advance
There is a link under Resources called I-730 Family Reunification Manual. You might want to look at that to see some advice about moving things faster. At this stage, the NVC should send the case to the appropriate embassy. If that happened, you can Google the embassy website and find an email for them. If the case is still at the NVC, you can try again to contact them (https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/nvc-contact-information.html). Take care, Jason