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
Appreciate your services, Jason!
If somebody filing a Asylum case after around 10 years of staying, can Asylum officer approve the case (if approvable), or that case has to be approved by Judge only. Did you see any such cases approved by AO?
If the person can overcome the one-year filing bar, they can win asylum at the AO. I remember one case I had where the woman was a student in the US for 15+ years (in lawful status). Finally, she applied for asylum and it was granted. Take care, Jason
Hi Jason, I have a question, how long it takes NVC to to transfer case to the embassy. Mine 730 around two week but still in transit
Thanks
It seems very variable, but I would guess a month or two. We have had a real problem with the NVC for at least one country (Afghanistan) and that may be because that country is not processing I-730 cases due to Covid. Take care, Jason
Hello Jason, I saw an attorney on YouTube who explained the Asylum Green Card Delays. His explanation is that USCIS has to receive the asylum file of every asylee who is applying for green card and re-examine their case. He also said that during trump administration, officers were advised to go back and undo asylum. He said USCIS sees the asylees’ filing of a green card application as an opportunity to go back and deny the green card and undo the asylum. His solution is to sue USCIS. If this is true, I am freaking out. The asylum process was super lengthy and complicated and had its toll on my mental health and now I am hearing this. To what extent you agree with his explanation? and do you think that suing USCIS is a good idea? My only fear is that if I sue USCIS because of delays in the Green Card, they might try to undo the asylum that I was already granted.
Mine GC was approved in 7 months
Hi, there,
Can you please provide more info on when you submitted, which office? Did you have an interview or it was just sent by email?
Thank you.
I don’t know what goes on behind the scenes, and I am not sure how this person knows either. What you are relating does not match my experience with my clients. The Trump Admin did put more of a focus on fraud, but I have not seen that affect my GC clients’ cases. There seems to be many reasons for delay, and USCIS as an agency has been really struggling. So while I cannot say that he is wrong, I have not seen anything like what you are saying, and none of my clients has re-done an asylum case (or anything close to that) during the GC process. Also, in terms of suing, I suppose you can sue to try to speed the process, but if you do not, USCIS will eventually do its job. In short, it sounds like this lawyer is trying to drum up business by scaring people, and so I do not know how much faith I would put in what he says. Take care, Jason
Hello Jason,
Currently I live in Phoenix Arizona on a pending asylum with EAD. I work for a non-profit organization for the last three years. My employers decided to sponsor me in the third preference of the Employment-Based green card sponsorship category three years ago and it is still in the first phase of the process. For clarification, it is not “employment visa” but “immigration through employment sponsorship.” The lawyer recently mentioned that a pending asylum application is not a lawful status for seeking to adjust the status and apply for green card within the U.S. Therefore, she mentioned when I reach Phase III of the immigration through employment sponsorship, I have leave the country and consular process the permanent resident status (immigrant visa) from the US Embassy/Consulate abroad. I am afraid that I will be at a dead-end if I have to leave the US to do the interview for a status adjustment.
My questions for you
1. Per the immigration law, following Phase II of the immigration through employment sponsorship, is it feasible to seek to make an adjustment to my status within the US and request it be changed to green card application (granted my asylum case is still pending)?
2. is there any other workable option that can support my case in adjusting my status without leaving the US?
3. If I don’t want to leave the US at any time for this process, do you think sticking with the asylum case is my very best option?
Thank you and I appreciate your help in advance
For many asylum seekers, it is only possible to get an employment based GC by leaving the US. This was knowable at the start of the process, so it is unfortunate that the whole process was not explained to you before you started. 1 – Usually not, but in some cases, it is. I wrote about this on August 28, 2018. I also wrote about leave the US to get a GC on September 6, 2018. 2 – There are some exceptions for EB cases (such as INA 245(i) and maybe INA 245(k)), but typically the only people who can adjust status in your situation are those who marry a US citizen or who have another immediate relative to petition for them – I wrote about that on August 6, 2018. 3 – That may be the case, and for most of my clients, asylum is the only realistic option. Having come this far, you may want to look into the option of going overseas to get the GC, but the whole process (including what to do if something goes wrong after you leave the US) needs to be clearly explained and mapped out to you, so you understand the likelihood of success and the risks. Take care, Jason
Why would you go that route of EB3? Is it faster that Asylum GC? Whats the current priority date for EB3?
Hi Jason,
I was checking processing times for an EAD based on approved asylum by IJ.
The site says:
1 Week to 30.5 Months Based on an approved asylum application [(a)(5)]
Is this real? 30.5 months sounds crazy. If that is the case most people will lose their jobs even with 180 extension letters.
Thanks for your response.
I don’t know. Someone just posted a screen shot of processing times for some application (I can’t remember what) and it was as long as 27 years! I have not done an EAD based on an IJ grant lately (since all my court cases have been postponed), but my recollection is that it is reasonably fast – maybe 3 or 4 months. Also, once you have asylum, you are eligible to work even without the EAD (but I think you need the I-94, which you can get by Googling “post order instructions in immigration court” and following those instructions). Take care, Jason
Jason thank you for your feedback.
I do have i-94, it is a small departure/arrival card with my picture and a seal on it. Is this what you mean? If yes then my current employer did not accept it when I showed it. Worst case scenario if my EAD takes 30 months, not sure what I will do.
If it indicates you have asylum, that may be it. I think it says “I-94” somewhere on the document, but I cannot recall (there are different types of I-94s). If so, they should accept that document. Maybe this website will help: https://www.uscis.gov/i-9-central/handbook-for-employers-m-274/60-evidence-of-status-for-certain-categories/63-refugees-and-asylees. Take care, Jason
Jason, thank you very much for providing the link.
Yes my i94 card has ASYLUM GRANTED INDEFINITELY seal on it.
Hi Jason, I am an asylee and my asylum was granted sometime ago. I am still waiting for my asylum based green card. I want to travel to Puerto Rico and the travel requirement is not clear for asylees. It says the following:
“U.S. citizens coming from mainland destinations do not need passports to enter Puerto Rico. However, it is necessary to produce a government-issued photo ID to board a plane.”. Does that mean, aasylees can travel too with State ID card?
I believe you can travel there with a driver’s license, but I am not certain. Contact the airline to be sure, or maybe Puerto Rico has a website where they describe the requirements. However, you can also just get a Refugee Travel Document (form I-131, available at http://www.uscis.gov) and this will allow you to leave the US and return. I do not know whether it is needed for PR, but if you have it, you will have no problem returning, whether you go to PR or a foreign country. Take care, Jason
Hello Jason
Hope you will be fine and healthy
I was watching a video from a new york attorney in which she was telling that the people who filed in 2016 and 2017 for affirmative assylum, uscis is sending them letters for their interview in newyork. Is it true? I filed in March 2016 so should I expect any interview call letter from uscis soon?
Hi Jason, thanks for all you do, your counseling has been most helpful, God bless you!
Am on removal proceedings and have my case coming up in immigration court in 2022.
My Ead expires in November 2021, how soon can I apply for renewal and can I do this on my own or have to go through my lawyer!? Can I apply for a fee waver for my teenage daughter?
I applied for asylum after the one year timeline in 2018, got interviewed same year and case was referred to court in 2019.
In 2019 during the court proceedings, the Judge said he needed my teenage daughter’s application. We didn’t put in an application for because she was a minor then and was included in my application.Hence the Judge postponed the case to 2022..
My question is what are the likely outcome of a immigration court in an asylum case?
Thank you!!
The earlies you can renew is 180 days before the current card expires. You can apply for a fee waiver for your daughter or yourself, assuming you are eligible – form I-912, available at http://www.uscis.gov. Unless your daughter needs the EAD, she may want to not renew it, but it depends on her (maybe a 13 year old would not need it, but a 16 or 17 year old probably would). You can do this on your own or with a lawyer – it is up to you, but be aware that unless you are a member of ASAP or Casa de Maryland, the renewal fee is $495 (if you are a member, the fee is $410). I did a post with links to these organizations on September 23, 2020. In terms of the asylum case, the only reason your daughter might need her own application is if you do not get asylum, but instead get Withholding of Removal or relief under the Torture Convention. These forms of relief are like asylum, but not as good – and they only benefit you and not a dependent. So if those are possibilities, it is better for your daughter to have her own application. It is far better to get asylum, as that puts you and your family on a path to a green card and citizenship. The other forms of relief just get you a work permit. Take care, Jason
Hi Jason, thanks for all you do, your counseling has been most helpful, God bless you!
Am on removal proceedings and have my case coming up in immigration court in 2022.
My Ead expires in November 2021, how soon can I apply for renewal and can I do this on my own or have to go through my lawyer!? Can I apply for a fee waver for my teenage daughter?
I
Thank you!!
I have few cases in NY and so I do not know. It never hurts to review your case to be sure that you are ready to go if you do get called for an interview. Take care, Jason
Hello Jason, my asylum was granted in 2019 and now I am waiting for my green card because I filled few months ago. I want to change my name for personal and safety reasons. How do I do that? should I wait until Green card is approved or should I go to the DMV or to the court? what would you advice a client in a similar stage?
Hello Jason, my asylum was granted in 2019 and now I am waiting for my green card because I filled few months ago. I want to change my name for personal and safety reasons. How do I do that? should I wait until Green card is approved or should I go to the DMV or to the court? what would you advice a client in a similar stage?
You can change your name when you become a citizen using the naturalization form (N-400). If you want to do a name change before then (and it sounds like you do), you have to contact the local state court and do a name change (the clerk’s office should have info about this on its website). Once you legally change your name, you can send a copy of that to USCIS and try to get them to issue the GC in the new name. That should be possible, but it is not always easy to communicate with them to get them to use your new name. Take care, Jason
Hi Jason!
Thank you for all your help! I have applied for affirmative asylum in Jan 2019 and my status is pending. My first question: My son is 8 years old and was born outside the US. He does not have social security # which creates a lot of obstacles. Are minors eligible for SS when parents get their EAD?
2) My EAD is expiring in July. I applied in February and received a receipt. Does it mean it’s automatically extended for 180 days?
thank you so much!
I got same issue before. Only solution is you need to apply ead for him as adults for one time only then you can apply to get SSN for him. Otherwise He cannot get SSN at all. Your ead doesn’t effect anybody else. I know that is ridiculous but that’s is the way get ead. By the way I got ead for my kid when he was 1 year old.
So, do the issue EAD for kids? I thought kids were not eligible for work and they would not issue EAD for him. That’s why i did not apply for EAD for him.
1 – I think your son needs to apply for his own EAD. The first one is free and he will get an SSN with that, assuming you complete the appropriate section of the I-765 form. 2 – Since you filed to renew before your old card expired, your receipt automatically extends the old EAD by 180 days. Take care, Jason
Thank you Jason! So, do they issue EAD for kids? I thought kids were not eligible for work and they would not issue EAD for him. That’s why i did not apply for EAD for him.
USCIS does issue EAD for kids (and even babies). Many parents get the EAD since the first one is free and you can get an SSN. However, most people don’t renew the EAD for children, as they are usually too lazy to get jobs (and renewals cost money). Take care, Jason
Hi Jason
I was interviewed in Arlington office in 2014 and still pending decision. Now, I want to write them a letter about my case; whom should I address it to as I don’t remember the officer’s or anyone’s name in particular?
Thank you!
The officer is probably long gone, as most only stay for a year or two. It is best to send an email – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hi Jason, Has anyone of your Middle Eastern (Iraqis, Syrians, Egyptians…etc.) clients travelled to Turkey on a Refugee Travel Document? I am from an Arab Middle Eastern country and I am planning to see my family in Turkey because I cannot see them in my home country, and I want to know how safe it is for someone to go to Turkey on U.S Refugee Travel Document.
I don’t remember, sorry. I doubt it would be an issue, as I have never heard of anyone traveling to Turkey and having a problem with the government (well, except for Turkish people who the government seeks to persecute). That said, you should contact the Turkish embassy to be sure they accept the RTD (I think they do, but I am not certain). Take care, Jason
Hi. Jason. If someone gain green card somehow and asylum pending for local office interview. How to withdraw the asylum application? Is it ok to use passport for 3re country visit without any problem in the future?
You can contact the asylum office where your case is located and they can explain how to withdraw the application. You can find their email if you follow the link under Resources called Asylum Office Locator. In terms of travel, it is probably ok, but if using your passport causes the US government to think that your original asylum case was fake, that could be an issue. So if your asylum case stated that the government was targeting you, you should probably be prepared to explain why you used a passport from that country, in case US immigration ever asks you about that. Take care, Jason
Hello Jason, my asylum was granted in 2019 and now I am waiting for my asylum based green card. I filled for the GC few months ago. I also filled for a Refugee Travel Document six months ago and still waiting. Given the problems of the Refugee Travel Document like waiting long time to get it and only valid for one year, Can I use the passport of my home country with the Green Card when I get it. I am scared to use the passport of my home country and would rather not use it but the RTD is pain. I can use the passport of my home country to go to Europe. It would be safe and Europe would not send me to my home country. The basis for my asylum was escaping persecution from armed groups some of which associated with my country’s government.
I have had many clients use their passport in this situation and they have not had a problem. That said, it is better to use the RTD, but it is a big pain. If you use the passport, just be prepared to explain why you used it, and why you think it was safe to do so. It is very unlikely that you will have an issue, but if you are questioned, it is good to be ready with an answer. Take care, Jason
Hello Jason,
In brief, I applied Asylum 2016 got my interview 2017 then referred to court for 2023.
I got married US citizen 2019 and got approval for I-130 in 2020. My lawyer filed a Motion to Advance my individual hearing for i-485 because we filed it through the court. I got granted for the motion by IJ and my hearing advanced to May 2021.
Today I was checking my status on EOIR like I do every week to make sure nothing changed, but today it shows me it moves to 2024!!
What do you think happened? Can they change the date again after the judge granted the motion and gave me sooner date?
Thank you
They can, and this has happened to my clients too (motion to advance granted, new date canceled and delayed). In your case, it is probably due to Covid, as many cases are still being postponed since courts are not operating at full capacity – we just had a case canceled for next week. Your lawyer can file another motion to advance. Alternatively, you can file a motion to terminate and then try to adjust status with USCIS. If you take the second option, be aware that once you pay the fee for a court adjustment, USCIS may not accept the receipt and so you may have to pay for the GC a second time. That also happened to one of my clients. It is very frustrating, but in the end, you should get the GC. Take care, Jason
Thank you Jason for your reply,
1- If I got granted for termination my case, does it mean my I-485 will go to USCIS and I have to wait for the processing time from scratch? Which is here it says from 2-3 years? Or What happened after termination? And Is it something common to get a case temenated from court? Or this is complicated?
However, I have no crminal record, I pay tax for 4 years, good Moral and married for more than 2 years and eligibale for AOS.
I remember I read your blog couple years ago about this, but can’t find it.
Thank you.
If you terminate, you will need to file a new I-485 with USCIS (along with all other documents). Processing times are about 1 to 3 years (according to http://www.uscis.gov), and it is likely that you will need to re-pay the fee. All this may be better than waiting for an Individual Hearing date with the court, but I don’t know – maybe your lawyer has some insight into the judge’s schedule. I think the blog post you are thinking of is from August 6, 2018. Take care, Jason
Hi Jason,
I have a pending asylum case for 4 years now still waiting for interview.
I wanted to ask if I can apply for a business visa (e1,e2) while the case Is pending?
Could you please share what is the reason to get e1,e2 ? These are nonimmigrant visas so which benefits you’re gonna get?
Maybe, but in most cases, that would require you to leave the US to get the visa, which may or may not be possible, depending on the situation. I wrote about this issue on August 28, 2018 and September 6, 2018. Maybe those posts would help, but if you want to move forward, you need to talk to a lawyer about whether it is possible and how to proceed. Take care, Jason
Hi Jason,
Thank you for all of your help to this community. I filed my I485 GC application in Nov 2019 to Texas Service center (TSC). Recently I have move to Michigan which comes under Nebraska Service Center (NSC). It’s been two months I have updated the change of address but my application is still at TSC. As we know TSC is still processing the cases of May 2018 and are very slow. I have below questions as follows
1. What Can I do to move my I485 application file to NSC?
2. Do they really move my case to NSC or TSC will process my case ?
3. Can I file a new I485 application from my New Address to NSC ?
Please help me.
1 – I do not know that moving to a new address will cause the case to be moved to a different Service Center, and I know of no way to get USCIS to do that. I suppose you can call and ask (800-375-5283). 2 – As far as I know, they do not. But I am not sure. 3 – I think that would create a mess. I think the processing time for an I-485 is 1 to 3 years, and so you are getting there. We have seen most (but not all) such cases take under 2 years. Take care, Jason
Hi Jason,
I am a pending Asylum applicant and still waiting for my interview I have got a job as a product manager for a well known company and it needs me to travel for a product demonstration for a client in Puerto Rico What I shall have to enter this territory? Do I need a advance parole ? I only have my I-766 for now.
In case I can travel there without additional documents what I shall bring with me to the airport?
As I know. You can go without problem but you probably can’t return. Also your asylum application may be revoked. Even Puerto rico part of the US, For We all non citizens it is a different country. You may consider to get advance parole which is not easy for business purposes
Hi
Some people are saying that traveling to purto rico is the same as traveling to any state like California, Florida, etc ….. how do you think?
I think you need to double check with the airline, but I have had clients go there without any trouble. I just worry that rules change or there will be some quirk of the flight that requires people to go through customs. Take care, Jason
I believe that you can travel and return from Puerto Rico without AP. However, I am not certain about that, and I think you should check with the airline to see what documents are needed. Also, the Puerto Rican government may have a website that discusses thus. If you can travel and return from PR with only a driver’s license, you should not need AP, but if a passport is needed, you should have AP. Take care, Jason
Hi Jason, My asylum case was denied by the judge but I do have TPS. I would like to travel with Travel Documents but I heard it might be a problem entering U.S. because of my denied asylum case. Is it true? Does the judge actually ordered deportation when he denied my asylum even though I had TPS at that moment? Thank you again
I am not sure how a removal order and a valid TPS Advance Parole document will work. If you appealed the judge’s order and the case is pending with the BIA, then the removal order is not final, and so travel may be more possible, but I am not sure. But especially if the judge’s order is final, I do think there is a risk that you will either be denied re-entry or detained at the border, and I think you should have a lawyer look into this before you travel. Take care, Jason
Jason, have you ever wrote a blog about a green card holder from asylum travel to his own country?
Yes – on January 6, 2016. It may be more about aslyees returning to the home country, but the same information applies to people with a GC. Take care, Jason
Hello jason
I have a question please ! Which is more credible evidence a medical report from my home country for all the scars i got from being tortured or go to doctor here in the US and ask him to write a medical report for the immigration after he sees and check out my scars?
Both are helpful and serve different purposes. The medical report from home shows that you got treatment for an injury. The report from here analyzes the scar and states whether it is consistent with your explanation of how you got the injury. I think if cost is not an object, I recommend you submit both. Take care, Jason
Hi Jason ,I filed written pleading on February 26 for my MCH and I don’t receive any notice of Individual hearing yet.my attorney did everything and sent it .my asylum court is in Louisville Kentucky.for how long the immigration juge can sent it to me or they could give their decision instead of going there ?when I checked my EOIR portal it shows no future hearing for this case .explain me everything
This is pretty common – there are long delays and many cases are still being postponed. You (or really, your lawyer) can call the court to follow up, but my guess is that they are just moving slowly, like most courts, and you will receive a notice eventually. Take care, Jason
Dear Jason I have a question if you don’t mind:
Is it true that if you have an asylum case and TPS at the same time, and you get denied at the asylum office after the interview, they won’t send your case to Immigration court for second chance?
I do not know what the current policy is, and I have seen cases where the person had TPS, lost asylum, and the case went to court (though these were not recent). You could probably email your local asylum office to ask if they have a policy about this. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hey jason
Can you tell me where can i find your article about the evidence documents for the asylum ?! I remember you wrote an article about it but can’t find it and can’t remember what date was that!
Thanks in advance
There was one on April 18, 2018 – I think that is the one you mean. Take care, Jason
Hi Jason,
Would you advise an asylee to apply for the PPP Loan. Will it affect the chances of getting issued a GC or Citizenship?
Appreciate all you do on this platform
If you can get it, sure – it should have no effect on an asylees status, or on an application for a GC or citizenship. Take care, Jason
Thanks Jason
Many thanks Jason
Hi Jason, is there any way to get g.c for asylum application pending, with a sponsor? I mean if a person is waiting for interview (asylum), can he get a g.c if he got a sponsor? If yes, what is the process and under which category of visa he has to apply?
It depends on many things. I did a series of blog posts that discuss this – on August 6, 2018, August 28, 2018, and September 6, 2018 – maybe those would help. Take care, Jason
Hi Jason,
We just did an asylum interview at the arlington office. Now the case status changed to “Fees were waived” for I-765 form to renew EAD. What does it mean?
Thanks
People who have commented here say it means that the case will be approved (since fees to produce the new asylee EAD were waiver), but I think you have to wait for the letter to be sure. If you do not hear anything in a few weeks, you can email the asylum office to inquire. You can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
Hey jason
Today my attorney told me something weird he said that moving to shortlist for interview at the asylum office doesn’t mean i will get an interview any soon ! Is that correct? So what does shortlist mean?
Not all offices have a short list. And different offices have different policies, but generally, if you are on the list, and someone cancels their case, they will call you. The lists are not short, though, as many people are on them, and (as far as I know) they go in order down the list. For that reason, it will take some time before they get to you if you are joining an existing short list now. Being on the short list will never make a case slower, and it might make the case faster, but that is hard to predict. Take care, Jason
Dear Jason,
I got three questions:
1. Our I-730 approved on March 6 now the case status changed to case sent to department of state for visa processing? What diet it mean ?
2. How can we get in touch and track our case status with NVC ?
3. How long it will take to get interview notice from consulate ?
Thank you
Mano
1 & 2 – The will go to the NVC, which will send it to the embassy. They should notify you about this. You can find more about the process if you follow the link under Resources called I-730 Family Reunification Manual. You can inquire about an NVC case here https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html. 3 – It is very unpredictable, and slow. Some embassies are still closed due to Covid. Pre-Covid, it usually took maybe 3 to 6 months for the consular processing, but now, it is unpredictable. Take care, Jason
Hi Jason. I am a Venezuelan who fled here to the US without my family. I filed asylum 2 years ago. I am still waiting on interview.
This last December 2020 my mi
9 year old son arrived and is with me here in US. How can I include him in my asylum for him to get his fingerprints taken, employment card and ssn? I did include his informaciin in my i589.
Thanks beforehand and God bless you.
You can add him to your case. The process should be easy, but unfortunately, USCIS consistently screws it up, and so it is actually a big pain. If you follow the link under Resources called Affirmative Asylum Asylum Procedures Manual and look on page 46, you will see instructions on adding a dependent. Follow those and send in the application. USCIS almost always rejects it, and gives you additional instructions (that often time do not make sense), but if you are persistent, eventually, they should accept it. Take care, Jason
https://www.google.com/amp/s/amp.cnn.com/cnn/2021/04/13/politics/democrats-immigration-infrastructure-biden-essential-workers/index.html
hey jason can you please tell me how much it cost to take over an existing asylum case? i just cut the ties with my former attorney today and looking for a new attorney to take over the case(my case moved to a short list at Chicago asylum’s office since last June) also my interview will be held in Chicago office so is it possible also to attend the interview with me?
Different lawyers charge differently. For me, we charge $4000 for a new case, if that case is local (near Washington, DC, though these days, it is possible to attend asylum interviews remotely, at least at some asylum offices, and so I could potentially do a case in another city for the same fee). Depending how much work needs to be done, we potentially charge less for a case that is already filed, but it depends on the case. Different lawyer have different practices for this as well, so I think you will have to shop around to see what you can find. Take care, Jason
God bless you Jason!
It’s been more than 4 years I am asking you different questions and you have always been a great help for me during all these hard times.
In March I sent query to NVC about visa status at that time and they replied me through Email Inwhich they mentioned my case number and said that embassy is closed so we will not forward documents.
I checked my visa status today using that case number they emailed me and it says In Transit – I guess NVC has sent my documents to the embassy, but I never received any welcome letter or document sent to embassy confirmation-
1- what should I do?
Keep the great work for all the Asylees and others
Regards
It may just be that you have to wait. You can Google the embassy and find an email for the consular section, and then email them to inquire. You can also do another inquiry with NVC. Everything is slow, though, and so if NVC sent the case to the embassy, it may take a couple months to hear from them. Anyway, there is no harm emailing the embassy to see if there is an update. Take care, Jason
Thank you Jason,God bless you more and more.
Its been 4 years since my second asylum interview.
The current status of my case is pending background checks.
Is it normal to wait 4 years (and counting) for background check completion?
Thank you
It’s not normal, but it does happen. We just got a grant for a case that was interviewed in 2014 or 2015 (filed in 2014). I presume that was a background check delay. You can email the asylum office to inquire – you can find their email if you follow the link under Resources called Asylum Office Locator. You can also contact the USCIS Ombudsman – there is a link for them as well, and they sometimes help with delayed cases. Finally, you might consider a mandamus lawsuit – we wrote about that on October 2, 2018. Take care, Jason
Will do. Thank you
Hi Jason,
My asylum case status online changed to “Fees were waived”.
“On October 18, 2018, we received your case and waived the filing fee for your Form I-765, Application for Employment Authorization, Receipt Number ZLAxxxx”
From my quick search online, all suggest that this means asylum approval. I HOPE !!
My concern is the date October 18, 2018. I dont understand what this date means. I never applied for an EAD through asylum nor have i ever received an EAD through asylum. All my EADs were through TPS. (I’m Syrian). I applied for asylum April 2014 and had my second interview February 2017. Up till yesterday, my asylum status was either “Desicion Pending” or “Application Pending”. The 2018 date worries me. Could it be an error?
Thank you Jason!!
Many people on this forum think that “fees waived” is a positive sign. I am too superstitious to believe such things, but I hope so. As for the date, I do not know. It would not surprise me if asylum was approved internally in 2018 and you are not learning about it until now. Such delays can be caused by security background checks. But this is just a guess; I don’t put a lot of stock in the online messages, and so you will have to wait for a paper notice. If nothing comes in a couple weeks, you can email the asylum office to inquire. Waiting is very tough, but hopefully it will be good news. Take care, Jason
Thank you. Will do
Hello Jason,
I received my EAD and the SSA website says I can get my SSN within 7 business days. It has been four weeks since I got my EAD and still there is no sign of SSN. Today I called the SSA office and they told me that I cannot get my SSN until I have a letter from an employer. Have they changed their ways of doing things and if I can find an employer do you think that employer will take a risk to write me that kind of letter? Also how long do you think this is going to take?
Thanks for your help.
I have never heard of such a thing. Maybe try the SS office again and if they give you that answer, try to talk to a supervisor. They should automatically just send the SS card if you requested that on the I-765. Take care, Jason
Hi Jason – Do you see applications are moving at any of the office currently? How much time its taking to get the interview for recent applicants? Are they going with LIFO or first picking up the application which were rescheduled due to COVID?
Have a blessed day!
We are seeing more LIFO cases interviewed these days, at least in Virginia. We have also seen some expedite cases accepted and scheduled. I would not be surprised if the Virginia office is interviewing more than 50% of their LIFO cases, but I have not seen any data about that. We have not seen any old backlog cases interviewed lately (except for expedites), though we just got a decision from a 2014 case yesterday (a grant, thankfully). Take care, Jason
I heard that cases which got rescheduled due to Covid are getting first priority for interviews. Is that correct?
At the asylum office, reschedule cases are the first priority. In court, such cases do not seem to be a priority. Some are being postponed for months; others are postponed for years. It just depends on the judge’s schedule, I think. Take care, Jason
At the asylum office, is it like that… First rescheduled cases and then LIFO
I rarely reschedule cases, but when I have, they give new dates very quickly. Also, their published priority list is (1) rescheduled cases; (2) LIFO cases; and (3) everything else. Take care, Jason
Hello Jason, In theory, asylum based Green Cards should be the easiest and simplest. Every asylee has gone though the process of having their case scrutinized and has been interviewed at least once by a USCIS officer for the purpose of asylum. Every asylee has provided evidence, supporting documents and has undergone extensive background checks. It is, however, very strange for asylees to have to wait another 1.5 to 2 years for Green Card after having waited years for asylum. It is frustrating and depressing for asylee. Again, it is, as if the system has no purpose but to make our lives miserable.
So why USCIS processes Employment based Green Cards and Marriage Based Green Cards at a faster pace compared to Asylum based Green Cards?
Can Asylees file a lawsuit against USCIS for delaying their cases?
Asylees pay $1225 to USCIS to get their Green Cards and that is a big amount of money and yet USCIS treats asylees unfairly.
I agree (I also wrote something about this on February 17, 2021). I do not think it could be resolved by a lawsuit; it needs to be a policy change from USCIS, and it should be a no brainer. Take care, Jason
Hello Jason, I am trying to find some literature like books, novels, autobiographies that depicts the story of asylum seekers, asylees and refugees. I am looking for more contemporary stories that portray the cruelty of the system and the painful experience the long waits, the uncertainty, and other difficulties.
I did a post once about immigration and refugee books for kids (on February 6, 2019), but I do not know of any adult books specifically on those topics (though The Arrival by Shaun Tan, which I list in that blog post, is excellent and good for adults – it is a wordless graphic novel). I imagine there are some, but I do not know them. If you can’t find such a book, maybe you could write it – we could use some literature on this subject. Take care, Jason
Jason, I recently applied for the GC based on approved asylum (was approved by IJ). How much time is it taking to get one’s GC after applying for it based on your cases and your analysis?
Thank you.
It’s not predictable. I think the USCIS website is saying 1 to 3 years. We have generally been seeing 1.5 to 2 years, but we have at least one case that has been pending for more than two years, and I have no idea why there is a delay (he is from Central America and has a clean criminal record). Take care, Jason
Hey jason
Any news about chicago asylum office?? Are they completely opened or just partially?
I don’t have any specific news, but as far as I know, all offices are operating under Covid restrictions, and I do not know that those will end any time soon. This means that each person (applicant, officer, lawyer) will be in a separate room, connected by video/phone. This means that they probably have a more limited capacity to interview people. Take care, Jason
Hi,
1)I am waiting for my individual hearing and my spouse is about to file an I-130 and there are questions about where and when immigration proceeding took place? Is the master hearing that I have attended considered as part of the immigration proceeding?
2) How do I check when my authorized stay expired, is there a way to know the exact date? I had a student status which I no longer have.
Thank you.
1 – If you attended a MCH, you are in immigration proceedings, and you need to state that on the form. 2 – If you are in court, you should have a Notice to Appear. That document indicates when your lawful stay ended. Also, if you entered with a visa, you can follow the link under Resources called I-94 locator. That will also tell you when your period of lawful stay ended (for most types of visas). Take care, Jason
Thank you very much for your response. On the I-94, it reads ‘admit until date:D/S’. It’s an F-1 visa so that would mean at the end of my program. But I didn’t attend the school. And The notice to appear document lists that I haven’t attended the school from 2017 to 2019. But it doesn’t give a specific date for expiration of status.
If you never attended, I suppose you were out of status basically as soon as you arrived here. I am not sure how you pin down an exact date, but basically it would be shortly after you arrived. Also, be careful that they do not accuse you of fraud for having come to the US on an F visa and then never attended school. Take care, Jason
I have attended the school for a year, took a leave of absence and then came back with a second visa with the intention of seeking asylum. I had to leave my country by any means. So for the second visa, I haven’t attended the school. Is that something they might consider as visa fraud? If so, should I explain that in the I-130a form? Thank you.
You might talk to a lawyer about the specifics to decide how to proceed. In general, I would not discuss this on the I-130A (aside from answering all questions truthfully). If USCIS wants an explanation, they can ask for it. In the asylum context, your second visa would not be a problem (under a case called Matter of Pula). However, in the adjustment context, it could be an issue and it would be worth speaking to a lawyer to determine how best to move forward and avoid any pitfalls. Take care, Jason
Hi JASON thank you for help my question I was applied for asylum and get a case receipt in Aug 2016, just recently my case statute in USIC shown (02/28/2019 The next step in your application is an in-person interview. Once your interview is scheduled, you will receive an interview notice in the mail.) my question why they put the different date at the beginning of the case statutes thein my case receipt.
I have a request that to keep update us about the asylum system because a lot of people like me open your blogger daily because you are the only hope we have right now.
I do not know why, but the online information is not always that accurate. If something has changed, though, maybe it is a sign that you will get an interview (maybe, or maybe not), and so you might want to make sure you have all your evidence and your affidavit ready to go, just in case they schedule an interview soon. Take care, Jason
Hi Jason – Thanks for your great services!!
Could you pls help me with questions:
1. Can spouse be added after Asylum approval?
2. In COR, USC Kids are required to live with the applicant?
3, Do we need to file COR, when we file first time in Immigration court or it can filed later after individual hearing?
4. Can husband wife living together file separately?
Thanks!
1 – A spouse cannot be added to the case after asylum is approved, but assuming that the couple was married at the time asylum was granted, the person who received asylum can file an I-730 petition for the spouse, and the spouse can get asylum that way. 2 – No, but it is usually a stronger case if people live together, as you have to show that the children will face extreme hardship if the noncitizen is deported. It is usually easier to show that if people live together. 3 – Usually, you file at or before the Master Calendar Hearing, but you can file later than that – talk to a lawyer about the process. 4 – For asylum? They can. But the filing process is different – the I-589 instructions discuss that situation (see http://www.uscis.gov). Take care, Jason
Thanks a lot! Jason!!
2- Do we need to send something to show if they’re living together? What can be sent?
3 – Is it possible to first go for IMH w/t COR; if not granted then appeal with COR?
4 – Can Divorced couple (but started living together again to take care their USC kids), File for COR separately? Could help with this case?
Thanks a lot! Jason!!
2- Do we need to send something to show if they’re living together? What can be sent?
3 – Is it possible to first go for IMH w/t COR; if not granted then appeal with COR?
4 – Can Divorced couple (but started living together again to take care their USC kids), File for COR separately? Could you help with this case?
I think you need to talk to a lawyer about eligibility, but to the extent I can answer: 2 – you just need evidence that you live together, such as a joint lease, joint bills, documents with both your names and the address on it, letters from friends, etc. 3 – I do not understand this question. 4 – Cancellation of Removal? Yes, but they could not use the spouse as a “qualifying relative” as you have to be legally married to do that. Maybe the child/children can be the qualifying relative or a parent, if there is one in the US. Take care, Jason
Thanks Jason!
2- I was referring to in case of COR (Cancellation of Removal)…As you said its better if kids living with father(or mother if mother applying COR) to apply for COR. So in order to show Kids living with father. Do we need anything to show that kids are living with father? What are those items to show?
3- Can we skip apply for COR when we go for first individual hearing. If approved then good. But if not approved then we can file COR?
4- As mentioned above, Then couple was divorced. earlier but now living together for the sake of kids. Two Kids are USC and they’re their real kids. Can both file COR using own separate applications and can use two kids as qualifying relatives on both the applications.
Sorry i might be not very clear in writing 🙂
2 – Whatever documents you have that show everyone lives in the same house – school and work records, tax documents, photos together, letters from people who know you. 3 – Usually, the judge wants you to present all defenses to removal at the same time, though at the Individual Hearing, maybe they will have you present the strongest defense first (whether that is asylum, COR or something else) and see what happens. If you win, there is no need to present the other defenses (though you would have had to submit the form, fees, and all documents prior to that hearing). 4 – As you described it, it sounds like both parents can file for COR based on their children, but they have to meet all the criteria for COR – you should talk to a lawyer about that, as such cases are very difficult to present successfully if you do not have experience with this. Take care, Jason
Today I received my second notice with extension
I file 03/30
04/08 notice of acceptance
04/09 i765 notice with extension 180 days
My EAD expire on 08/15
That was quick – Thank you for sharing, Jason
i765 notice with extension 180 days?? Is it EAD?
Notice number start with IOE letters
Hello Jason,
04/30 I file I765 app for renew EAD third time
Today I received I797 notice of action (notice of acceptance) its not EAD extension just instruction about USCIS online account. I file in Dalas office, notice of acceptance I received is from Lincoln Nebraska.
Do you know that this is common?
I am not sure I understand when you filed, but if you received the receipt, which is on form I-797, that should automatically extend the old EAD. What you are describing sounds like the receipt, but I am not sure. In terms of which office sends you a document, I think different offices send you letters, as USCIS moves cases around when it processes them. Take care, Jason
I file 4.30.2021
I received A receipt
Case Was Received and A Receipt Notice Was Emailed
On April 1, 2021, we received your Form I-765, Application for Employment Authorization, Receipt Number IOExxxxxxxxxx, and mailed you a receipt notice or acceptance notice. It is being processed at our Nebraska Service Center location. The notice describes how we will process your case. Please follow the instructions in the notice. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
Just received acceptance notice With instruction for online account , no automatic extension in receipt
Sorry I file 03.30.2021
I have a feeling the acceptance notice is the receipt. I am not sure what else they would send you. Read it carefully, especially towards the end. Hopefully, it says that your old EAD is extended (the language they use is of course, not very clear, but it should be there). Take care, Jason
I file 4.30.2021
I received A receipt
Case Was Received and A Receipt Notice Was Emailed
On April 1, 2021, we received your Form I-765, Application for Employment Authorization, Receipt Number IOExxxxxxxxxx, and mailed you a receipt notice or acceptance notice. It is being processed at our Nebraska Service Center location. The notice describes how we will process your case. Please follow the instructions in the notice. If you move, go to http://www.uscis.gov/addresschange to give us your new mailing address.
received acceptance notice With instruction for online account , no automatic extension in receipt
Jason – Is it like Before actual EAD, one gets EAD extension?? Can you please elaborate the process…
I am not sure I understand your question, but if you file to renew a c-8 (asylum pending) EAD before the old EAD has expired, your old EAD is automatically extended by 180 days once you receive the receipt. The receipt itself indicates this, though not using the most clear language. Take care, Jason
hi Jason – When one gets RTD during the case? One needs to have RTD even after getting GC? Why?
If you have asylum, it is better not to use your passport (since that is the country that wants to persecute you). Therefore, it is better to use the RTD. If you do not have a GC, you cannot re-enter the US without the RTD. If you do not fear your home government, it is less of a problem to use your passport, but the RTD is always the safest bet (though it is a pain since not all countries recognize it and it is only valid for one year). Take care, Jason
Jason,
This is a classic question that you probably heard hundreds of times, can an asylee travel whole waiting to hear anything about their case? Would a travel document be possible to get and travel to at least Canada?
For a court case, you cannot travel, but if you have a case at the asylum office, you can probably travel using Advance Parole. I wrote about that on September 11, 2017. Take care, Jason
Jason,
Do you think the USCIS would ever go back to FIFO again? Do you think that might happen in the near future?
Maybe. With regard to affirmative cases, I think the main goal for many non-profits is to have them hire more officers and get more new cases done, and then if there are additional resources available, to address the backlog based on FIFO. That is reasonable, as long as they can make progress on the backlog. My preference is a return to FIFO, mostly because I think we will not get enough resources to do all new cases and make progress on the backlog. Of course, the entire affirmative system is receiving far less attention than the border, and since that is the main focus for advocates, there is not a lot of action concerning the backlog. That is what we hope to change (and what I wrote about yesterday in a posting). Take care, Jason
Jason – LA & SF offices are closed currently. Any idea when Offices & Courts will resume?
Also, when they open; how that ‘ll process the applications like LIFO? Is it better to apply after they resume?
I do not know what is open or closed in CA, but I would be surprised if they are not partly open, as has been the case at most office around the US. When they will become more open, I do not know, and I imagine different offices will take different approaches. Take care, Jason
Hi Jason. If someone has a green card for any way, still need travel document , advance parole to reentry US. Travels for less than 6 months
You can re-enter the US with the GC, but if you are an asylee, it is better not to use your own passport, and so you can get the Refugee Travel Document, form I-131, available at http://www.uscis.gov. Take care, Jason
Hi All,
I have sent my docs for EAD renewal under a new status which is approved asylum in October 2020.
The current status shows that fingersprints were applied to my case as of Feb 1 2021.
Not sure how much longer this will take.
Please share your thoughts on how long did you wait or waiting.
Thank you.
Once asylum was approved, if that happened at the asylum office, they should have mailed you an EAD and that normally arrives in less than one month. If you have to file for an EAD, time frames vary, but usually for first time a-5 (asylum approved) EAD is quick. Also, of course, you are eligible to work without an EAD if asylum is granted, but most employers and DMVs do not understand that. Take care, Jason
Hi Jason, thanks for your feedback.
My case was approved in court. I was told the same thing that under a new category EAD renewal is usually pretty fast. But have been waiting since Oct 2020.
I am not sure whether you did it, but you have to Google “post order instructions in immigration court” and then follow those procedures. You will get an EAD and an I-94. Take care, Jason
Never tried that. Will definitely check it out. Thank you Jason.
Hi Jason,
I will be getting my status changed from an asylum applicant to H1-B this year. my parents filed asylum back in 2015 and i was still 19 back then. my wife came from my home country back then. I will be filing her H4 along with my H1-B visa. does doing that affect my parents’ application in any way? i was married 2 years ago while my wife was back home and i was in the US, and the marriage certificate was signed back home, and then my wife came here on a B1/B2 visa and now maintaining her visa. my H1-B attorney said i dont have to re-register my marriage in US, my marriage certificate is valid from back home. just wanted to make sure that it wont affect the asylum case in any way. the interview for the asylum has been done. we have been waiting for our decision now.
Thank you.
To add to my previous comment that i made today asking if i should re-register my marriage here. I also wanted to ask if i should register my marriage here and provide my marriage certificate from the US to the USCIS instead of my old marriage certificate. My wife when she applied for her B1/B2 visa before coming here on her application wrote the marital status as single. Will there be any issues when i will provide my marriage certificate that was signed before my wife came to US and wrote on her application as single? i wanted to ask if it is compulsory for me to make USCIS aware right away that i have been married in US and my status has been changed from single to Married? Is it important to inform the USCIS even though i am not a direct applicant. I was part of my parents’ case. If i register my marriage in the US now, i can make the USCIS aware that i have changed my marital status from single to Married.
Please advise.
Thank you.
I think this is getting complicated and USCIS will likely already have certain information about the situation. You need to discuss all this with a lawyer to make sure there is no trouble, but the issue of your marriage date and what your wife said on the visa application is important, and you need to tell your lawyer and decide how best to address that issue (among others). In short, go over all this with a lawyer. Take care, Jason
I do not see how that would matter to the asylum case. Technically, once you married, you were no longer a dependent on the asylum case, and so you are not part of the case now. Hopefully, you have some other status like F or OPT so you can change status to H1b, but presumably your lawyer has covered that. Take care, Jason