Jason Dzubow is an immigration attorney who specializes in political asylum, immigration court, and appeals. He is a partner at Dzubow & Pilcher, PLLC, and his full profile can be found here.
Contact Jason Dzubow about an Asylum or Immigration case:
JDzubow@DzubowLaw.com
(202) 328-1353
I need guidance on renewing my pending asylum EAD. My EAD expires in 6 months , and my wife’s EAD expires in 8 months. Can I renew both EAD’S simultaneously, even though my wife’s EAD has 8 months left before expiration?
You cannot renew an EAD until it has 180 days or less remaining, and so you probably want to file yours now and your wife’s in a few months. If you want to file both together, you will have to wait until she has less than 6 months remaining on her card. Take care, Jason
Thank you so much for the information
Hi Jason,
Happy New year!
Thanks for helping the asylum community all the time.
I need your usual advise, please.
I had my asylum interview some months before.
Today I received another interview notice, which really confuses me. Is being called for a second interview common? If so, what do you think could be the reasons (from your experience)?
I do appreciate your help.
Thanks a lot,
It is not that uncommon, and I have a feeling the main reason is that they failed to complete the case and have to gather more info. There could be other reasons (maybe the supervisor has more questions, or the security check revealed something they want to ask about). If possible, review what happened last time, and keep in mind that they have written notes, so they know what you said at the prior interview. Otherwise, just prepare for this interview as you prepared for the first interview. Take care, Jason
Thanks a lot Jason. I will do what you advised me.
Be very blessed!
Jason,
Does USCIS lose whole applications sometimes? Like a whole mailed file to them? Have you seen such a thing before?
I have seen that, but it is pretty rare. The problem is, given the long delays, it is often impossible to know what happened to a case. You can always try to get a copy of the case using the Freedom of Information Act (there is a link under Resources called FOIA USCIS). Also, if you are mailing documents, it is best to send by certified mail, so at least you have proof of delivery. Take care, Jason
Jason,
Is there any point of applying for visa overstay forgiveness after applying for an asylum? Have you worked with overstay visa clients before? How successful that usually goes? If you have any data.
I have not done that and I do not think it would often come up. Maybe if the person planned to leave the US and needed a waiver to return, but before trying that, I would talk to a lawyer about the specifics, to make sure it is safe to do that. Take care, Jason
Good morning Jason
Happy New Year
Am pending green card waiting for it , if i been charged with Contempt of court will that infect my immigration GC & Citizenship?
It could have an effect if you are convicted or given any sort of punishment (such as probation before judgment). If there is anything like that, you should talk to a lawyer about the specific charge against you. Take care, Jason
Hi Jason I want to ask a question about the petition based green card.how long it takes now to bring your wife or your husband when you are a green card holder and?if your wife or husband lives abroad
The wait time changes – you have to Google “DOS visa bulletin” and you can see the wait times. Take care, Jason
Jason,
Would an over stay visa holder with pending asylum case get arrested or/and deported by immigration police? Knowing that the applicant apply for an asylum after they over staid their visa.
Normally that would not happen unless there is some other issue, such as the person has a criminal arrest or is viewed as a threat to national security. Take care, Jason
Jason,
Do you think the Republicans might succeed with ending asylum in the US? Like no one would be able to submit and/or get granted for asylum in USA? Their chip is the $110 billion funds the Democrat are trying to get. Here’s an article about that.
https://thehill.com/opinion/immigration/4380120-biden-must-not-trade-away-the-right-to-seek-asylum/
I do not think they will eliminate asylum. However, asylum for people arriving at the Southern border could be drastically or moderately limited, depending on what happens. More likely, nothing will change, as the Republicans would be happy to keep the “Biden border crisis” as a major talking point for the upcoming election and I do not believe it is a problem they really want to solve before that time. Take care, Jason
Hi Jason,
I’m currently employed by a local govt agency. I have a pending asylum and intend to submit Eb-2.Can arrests without a conviction affect the outcome of Eb-2 NIW application?
I think that should not affect the case, but it would depend on the outcome of the criminal case. There are outcomes where you accept a punishment, such as community service, and then the case gets dismissed – such an outcome could have an immigration effect. In any event, you need to provide the “disposition” (the final outcome of the case) with your application and disclose the arrest on all forms. Take care, Jason
It was unsupervised probation for a crime (not of moral turpitude)- ended as CWOF. First n last!
That could have immigration consequences, and I would consult a lawyer about the specifics, just to be safe. Take care, Jason
Hello Jason,
Happy New Year in advance to you, your family, and all the contributors to this very helpful platform.
Please, I am the CEO of an LLC formed a couple of years ago. We do Contracts, Training and Research and Development. Right now we have a research project going on. In line with this project, I will need to travel in and out of USA. There is a need for the company to file for i-140 for me.
Question:
Can I as the CEO sign as the representative of the company that files i-140 for me (the beneficiary) ?
I do not do such cases, but my understanding is that the company can file for you, even if you are the CEO, and even if you own the company. You should talk to a lawyer who does employment cases in order to be sure, and also to make sure you are eligible in all other ways. Take care, Jason
Hello Jeson
Will the public charge rule impact those with a pending Asylum latter while applying for a green card ?
Thank You !
The public charge rules do not apply to asylees who apply for a GC. Take care, Jason
Hi Jason,
I received asylum through my wife 3 years ago and we both have green cards (she is the main applicant).
If we divorce now, how does it work and what will happen to my immigration status for someone who is not the main applicant?
Thanks.
If you already have a GC, there is no effect on your immigration status if you divorce. You keep your GC and can apply for US citizenship as normal. Take care, Jason
Hello Jason, I am looking into the types of travel documents issued to asylee, refugees and stateless persons by many countries and I see a similar pattern. Most of these travel documents issued by countries like UK, Canada, Sweden or other countries use one of the following wording:
– Travel document that says ‘Convention of 28 July 1951’
– Travel document that says ‘Convention of 28 September 1954’
However, the United States does not use that wording above. Instead, the US issues:
– Refugee Travel Document Form I-571
– Travel Document and Re-entry Permit Form I-327
Is there a specific reason for that?
I do not know. I do not think this language would be needed for the document to be valid, especially the Re-Entry Permit, which is not related to asylum and is available to anyone with a GC. Take care, Jason
Hi Jason,
I am an Afghan young lady. I just applied for asylum three months back from now. I would like to hear from you when I can apply for AED and SSN. Shall apply it now or wait until 150 days passed from my asylum and then apply and according to the US low how long it will be taken it to be processed.
From the date on your asylum receipt (or if the case is in Immigration Court, the date that the court received your application), you have to wait 150 days and then you can file for the work permit (form I-765, available at http://www.uscis.gov). The wait time to get the first asylum-pending EAD is normally a month or two. If you have TPS or were paroled into the US using humanitarian parole, you may be eligible for a work permit earlier, though the wait time for these types of EADs is longer (maybe 3 to 6 months; I am not sure). Take care, Jason
Hi Jason.
I have a pending asylum case since 2018. Want to know what can they do if I apply for AP to visit my home country. What are the consequences when I come back within the time period that mentioned in AP?
Is it advisable to visit your home country?
If you visit your home country while you have a pending asylum case, it will likely result in the asylum case being denied. It is not a guaranteed denial, but you would need to explain why you returned, how you stayed safe, and why you still face harm if you return there again. This issue will be a major part of your asylum interview, and so you should have evidence to support your claim. If you are a dependent on someone else’s asylum case, the consequences are less severe, but you should still be prepared to explain these things. Take care, Jason
Hi Jason
I’m a young lady from Afghanistan who has a diverse background of working with USAID and United Nations. I Appreciated if you could please let me know when i can apply for AED and SSN after applying for asylum and I already had my biometrics done.
Thanks
From the date on your asylum receipt (or if the case is in Immigration Court, the date that the court received your application), you have to wait 150 days and then you can file for the work permit (form I-765, available at http://www.uscis.gov). If you have TPS or were paroled into the US using humanitarian parole, you may be eligible for a work permit earlier. Take care, Jason
Hi Jason,
So I filed FOIA request on my long-pending asylum application in 2017 and got a response in 2019 containing my asylum application only. Do you think the filing of FOIA might have caused a delay in the adjudication of my asylum application?
Almost all cases are delayed, and I doubt the FOIA made that delay any worse. Take care, Jason
The reason I’m asking is that it might have caused the file to be moved to National Records Center from Asylum office and then just sitting at the National Records Center.
I think it is correct that the file gets moved as a result of a FOIA, but that only takes a short period of time, and almost all asylum cases are delayed for years. For these reasons, I doubt the FOIA had any effect. You can email the asylum office to ask them – you can find their email if you follow the link under Resources called Asylum Office Locator. Take care, Jason
I was granted asylum a few months ago but was just wondering if the filing of FOIA might have prolonged the adjudication, although it had been 3 years already since the interview when I filed FOIA. So the timeline is:
2014: Applied for asylum
2014: Interviewed for asylum
2017: Filed FOIA
2019: Received response about FOIA
2023: Asylum granted by AO
Almost everyone is seeing similar delays, whether or not they filed a FOIA, and so while the FOIA might in theory cause a few days of delay, I highly doubt it had any effect on the long time frame for your case. Take care, Jason
Dear Jason
I had been to the United States on a student visa in 2008 and duly graduated. After that I returned back to my country. Again I went to the States in a visitors visa in 2013 and applied for an asylum. You helped me then too and I am grateful for that. My case was forwarded to an immigration court sometime in 2018 and I was summoned to the court. As I was preparing for the same, I got a news that my father was terminally ill and without a second thought, I flew back to my country. He passed away in two weeks and I was stuck. I could not attend the court date and came to learn that deportation process was initiated in 2018 only. I do not have a copy of the decision though. My question is, Can I reopen the asylum application? How do I make my court understand my situation?
Also, can I now apply for any kind of non immigrant visa to continue my application? What do I do?
Please help!!!
It sounds like you have a deportation order from 2018. You can check if you follow the link under Resources called EOIR Case Status and enter your Alien number. I do not know any way to reopen the court case, especially while you are outside the US. I think you will just have to apply for a new visa to return to the US. Given the deport order, you probably have a 5 or 10 year bar to returning to the US. It may be possible to get permission to return sooner, as there are different types of “waivers,” where you basically pay a fee and ask the US government to allow you to return earlier. Talk to a lawyer about that and about the specifics of your situation, but I would get the lawyer’s plan in writing, so you know exactly what to expect (as much as that is possible, given the unpredictable wait times) and know the chances for success. Take care, Jason
Thank you so very much for the prompt response. How do I know about the length/years of bar for returning back? Also, how do I apply for a waiver?
You will have to have a lawyer look at the specifics. There is a bar for being deported, which I think is 5 years (but maybe it is 10, I can’t remember). There is also a bar for being in the US unlawfully (this could be 3 or 10 years, depending on the period of unlawful presence). There could be other bars as well. In terms of waivers, there are also different types of waivers – for immigrant visa and non-immigrant visas, and also depending on what “sin” you need them to waive. You can take a look at form I-601, available at http://www.uscis.gov, as this is used for most waivers – maybe if you check the instructions on the form, it can give you further ideas about waivers. Take care, Jason
Hi Jason,
I came to us with an approved I-730. My father was the principal asylee and after he got asylum he applied for us and then we came here. Now I want to go to our home country. Can I go in my home country with a RTD? or I need to do anything else?
Will there be any problem if I go to my home country? since I’m not the principal asylee.
Generally, it is ok for dependents to return home. However, if your father’s application indicated that you or your whole family is in danger, you should be prepared to explain the return trip and how you stayed safe. You will need the RTD to re-enter the US. I wrote a bit more about this on February 10, 2022 (you have to scroll down near the bottom of that post). Take care, Jason
Hi Jason, regarding your response to the Re-Entry Permit question. Here is the text taken from a USCIS Information Sheet on the re-entry permit.
“A reentry permit establishes that you did not intend to abandon status, and it allows you to apply for admission to the United States after traveling abroad for up to 2 years without having to obtain a returning resident visa. Reentry permits are normally valid for 2 years from the date of issuance.
You may also want to get a reentry permit if you plan on traveling outside the United States and cannot or do not wish to get a passport from your home country. Many countries throughout the world may allow you to use a reentry permit much like you would use a passport—placing necessary visas and entry and exit stamps in the permit—so you may use it as your main travel document. Be sure to check with any country you plan to visit about specific requirements before you travel.”
You can access the information sheet here:
https://www.uscis.gov/sites/default/files/document/guides/B5en.pdf
That all sounds about right, but if you have been outside the US for a lot of time, they may only issue the document for one year. Take care, Jason
Hi Jason, are people who have a green card through asylum allowed to apply for a re-entry permit? The instruction says all LPRs are eligible to apply with no exclusions.
The good thing about the re-entry permit is that it is a booklet and it functions like a passport. I asked around and many immigrants used it to apply for visa and travel the same way the do with a refugee travel document. It is also valid for two years instead of one and it protects the holder in case of long absence from the US.
The only downside seems to be the fee. They filing fee is $575 + Biometric fee $85 so the total is $660. The other downside is the processing time is 17 months which is very frustrating. I wonder if you have clients who used the re-entry permit and if there is more to add.
The Re-Entry Permit and the RTD are both booklets that look like passports. The RTD is meant to be used instead of a passport and the Re-Entry Permit is not meant for that purpose. I do not know if any of my clients have used the Re-Entry Permit like a passport, but I would not be surprised if they did and if some countries accept it, but I do not have specifics about that. As long as the country you want to visit will accept it, you should be fine. You might also have to bring your passport in case the country will not accept the Re-Entry Permit. I wrote about using your passport in this circumstance on May 25, 2022. Also, so you know, the Re-Entry Permit is not always issued for 2 years. Sometimes, it is one year, depending (I think) on how long you have had a GC and how much time you have already spent outside the US. Take care, Jason
Hello Jason, please find below the initial thread.
=== Part B ===
Please two more important question is, does USCIS provide a new Receipt Number for the Amended I-589 Application or I still retain the old one? And lastly, since the application was submitted in August 2023 does the 150 days rule to apply for EAD still applies in her case based on my pending asylum application (I have my EAD renewed already).
TJ.
====== INITIAL THREAD ====
=== Part A ===
Hello Jason,
I have a pending asylum application since 2000 and added my spouse (she is out of status on B1/B2 Visa) to my application as a derivative of my application this August 2023 by an experienced attorney, but I am yet to receive any correspondence from USCIS. I’ll like to ask, how long does it take to get a response?
Hi Jason,
I am pending asylum applicant since 2015. I had incidence where my brother inlaw attacked me at his work place over an argument and the police arrested me instead of him since i was at his work place. I got hold of the cameras footage that clearly shows that I did not attack or assaulted him at all and that he gave a false statement based of which i got arrested. I hired criminal attorney who is very confident that I did not commit the crime of assualt or initiated any violence therefore the case will be dismissed.
I wanted to know how will this effect my pending asylum and ead renewal in nov2025. The criminal lawyer says it may take 6months to 10month to eventually get to a dismissal or even very soon depends on court.
So if its dismissed then i will go for expungement will still have to mention this arrest every time a fill an ead form?
Appreciate your help thanks
If it is dismissed, it should have no effect on your asylum case, but whether it is expunged or not, you are required to reveal it (one of the questions on the I-589 asks about this; most other USCIS forms ask about this as well). You will need a copy of the “disposition” – the final outcome of the case, so you can give it to the asylum office with your other evidence. If they think you are trying to hide it, that could be a problem, and so you just need to be up front about it, and as long as there is no conviction, you should be fine. Take care, Jason
Thank you very much Jason.
Please two more important question is, does USCIS provide a new Receipt Number for the Amended I-589 Application or I still retain the old one? And lastly, since the application was submitted in August 2023 does the 150 days rule to apply for EAD still applies in her case based on my pending asylum application (I have my EAD renewed already).
TJ.
Sorry, I lost the thread of your comments and I do not remember the details. You would have to either post under your old question or summarize the situation so I can remember. Thank you, Jason
Hello Jason, please find below the initial thread.
=== Part B ===
Please two more important question is, does USCIS provide a new Receipt Number for the Amended I-589 Application or I still retain the old one? And lastly, since the application was submitted in August 2023 does the 150 days rule to apply for EAD still applies in her case based on my pending asylum application (I have my EAD renewed already).
TJ.
====== INITIAL THREAD ====
=== Part A ===
Hello Jason,
I have a pending asylum application since 2000 and added my spouse (she is out of status on B1/B2 Visa) to my application as a derivative of my application this August 2023 by an experienced attorney, but I am yet to receive any correspondence from USCIS. I’ll like to ask, how long does it take to get a response?
Thank you. 1 – I think there is no new receipt number (I am not 100% sure about whether your spouse gets a receipt number – I do not think so), but your spouse will get an Alien number and a biometric notice. 2 – If you are eligible for an EAD, she can apply for her own EAD as soon as she is added to the case. In other words, she is on your schedule, and so she would be eligible for the EAD if you are. Take care, Jason
Hello Jason,
I have a pending asylum application since 2000 and added my spouse (she is out of status on B1/B2 Visa) to my application as a derivative of my application this August 2023 by an experienced attorney, but I am yet to receive any correspondence from USCIS. I’ll like to ask, how long does it take to get a response?
The process of adding a spouse to a pending affirmative asylum case is a disaster and is very unpredictable. It sometimes does not work and requires you or your lawyer to follow up repeatedly with the asylum office. Normally, it does eventually work, but we recently had a case where all our efforts failed and finally, we just had the dependent file his own case. If your lawyer filed the papers at the Service Center in August, I think something should probably have happened by now. You might try contacting the local asylum office to see if they can assist – you can find their email if you follow the link under Resources called Asylum Office Locator. I wrote more about this issue on March 29, 2023. Take care, Jason
Thank you very much Jason.
Please one more important question is, do USCIS provide a new Receipt Number for the Amended Application or we still retain the old one? And lastly, since the application was submitted in August does the 150 days rule to apply for EAD still applies in her case?
Hello Jason, there is a talk that premium services will be extended to include naturalization applications, and green card applications and other applications. How accurate is that? Also why the premium service that exists now is not available to all applications?
I have not heard anything about that, but it could be. I do not think USCIS has the capacity to provide premium processing to so many people, even if they pay more. It will take a lot of time for USCIS to hire more staff so they can provide faster service, and I doubt this will happen quickly. Also, while I have advocated for premium processing for asylum seekers, I do not think that will happen, since USCIS thinks it will look bad for them to provide faster humanitarian services for people who can pay (never mind that this happens anyway, since the only way to get an asylum interview is by filing a mandamus lawsuit, which usually requires the person to hire a lawyer). Take care, Jason
Hi Jason, there is some confusion about re-availment, Some attorneys say that applying for, renewing or obtaining a document or a passport from the home country is considered re-availment to the home country. Meaning: an asylee who applies, renews or obtains a document or a passport is presumed to have re-availed herself to her home county.
Some attorneys say, such a provision only applies if the asylee does it inside her home county. That means if the asylee applies for, renews or obtains a document or a passport from an embassy or a consulate or from a distance, such a rule does not apply.
Could you please shed some light on the specific laws and regulations here. Is applying for, renewing or obtaining a document or a passport from the embassy or the consulate of the home country considered re-availment? or is it only re-availment if it happens inside the home country?
I have not researched this, but I think there is no clear answer. In general, I have not seen any asylee get into trouble for getting a new passport or traveling with their country’s passport. I do think it is possible that this would happen, and if the US government suspected that the person’s asylum case was fake or that they no longer feared return to the home country, they could re-open the case and the person would have to present evidence that he still needs asylum in the US and still has a fear of return to the home country. In other words, the analysis of whether an asylee should lose their status based on use of a passport is fact specific, but certainly using or renewing the passport (and especially returning to the home country) could raise suspicions and cause the US government to initial proceedings to terminate asylum status, and doing any of those things entails some level of risk. Take care, Jason
Hello jason
I have approved asylum since 2016 waiting my GC after i did my interview on last February! My wife and kids who join me on 2019 they got them GC already a year ago , when u will think i will get decision!!! 2nd question i fight with my wife and i did not touch her but yhe police officer she arrested me for menacing i been for 24 hours in jail and i have court if i been guilty ! Would that effect my citizenship or GC ?
It is common for a family to apply for GCs at the same time and get decisions at different times, so that part is normal. However, your delay could be caused by the pending criminal case. A conviction for a domestic violence offense could definitely affect your immigration status in the US, and so I think it is very important to have a lawyer who knows about immigration to assist you with the criminal case (maybe you will need two lawyers – a criminal lawyer and an immigration lawyer). Depending on how that case ends, you could be placed into removal proceedings to try to deport you, and so you should try to reach a settlement in the criminal case that will have no effect or a minimal effect on your immigration status. Finally, it may be that USCIS will not adjudicate the GC until the criminal case is resolved and you send them evidence of that, such as a court order from the criminal court. Take care, Jason
Its going to effect my immigration even if am not pleading guilty ?
USCIS could put the case on hold until there is a final outcome. I do not know if that is what happened in your case, or even if USCIS knows about the case. If you are found not guilty or the case is dismissed without any sort of penalty, it should have no effect on your immigration status. However, most cases like this end in some type of settlement between the prosecutor and the defendant, and it is critical that you have a lawyer who knows about the immigration consequences of criminal activity to help guide you. A case like this could possibly result in a conviction that would have severe consequences for your immigration status, and you want to avoid that. Take care, Jason
Sir , I have an question , I am in removal proceeding and my case is now before EOIR and want to file I-765 online but there is a question mentioning that “What is your current immigration status “ what May I select in this section ? . It will be helpful if you answer me . Thank you in advance
For people who have a pending asylum application, we usually put “asylum pending” for that question. It is the same whether the case is at the asylum office or in court. Take care, Jason
Hi, Jason –
I applied for asylum in 2013 while I was in the US on F1 visa. My case was denied and sent to immigration court. I was then granted asylum by an immigration judge in 2022. I am now applying for permanent residency, and I had a question about the I-485 form. On part 8 of the form questions #18 and #23 ask “Are you presently or have you ever been in removal, exclusion, rescission, or deportation proceedings?” and “Have you ever applied for any kind of relief or protection from removal, exclusion, or deportation?” respectively. My answers for both questions should be Yes, right? Should I provide additional explanation?
Thanks!
Correct, as you were in removal proceedings (Immigration Court). When I do these, I circle the question, write “see cover letter” next to the question by hand, and in the cover letter, I explain that the person was in court and was granted asylum. I also attach a copy of the court order granting asylum. Take care, Jason
May I ask which office your case was denied by and what year was it?
Hello, I was watching the republican debate and they were talking about immigration. It is obvious that not only trump is against immigrants but other candidates too. There is also a talk about another Muslim ban.
If an asylee from one of the countries that are targeted by those bans (Ex:Yemen, Syria, Iran, Somalia) already received their asylum and their green card, what the worst that can happen to them if a republican president is elected and wants to sign a Muslim ban or any other ban?? I know people who received their asylum and green card are safe but Trump wants to go after everyone and trying to think about the worst case scenario is important.
I guess the worst case scenario would be to try to take status away from people who already had it. Germany did this to Jews, who were citizens, in the 1930s, and we know how that ended. Realistically, it would be difficult to do much towards people who already have status, and even making asylum standard more difficult will not be easy. I think if Trump comes in, the focus will be on the border, but I would also expect another Muslim ban, like last time, but maybe implemented more effectively. The bad ultimately did not affect asylees or GC holders, though since it was never fully implemented, it caused a lot of confusion and people targeted by the ban avoided travel or returned to the US, rather than take a risk. And so even when the ban does not work in the legal sense, it still harms people who have to make difficult decisions in the face of uncertainty. Take care, Jason
Hi Jason
I was wondering if the public charge applies to people applying for green card only or even when applying for citizenship would affect the ones ability to become citizen? Thanks
The public charge questions are on the I-485, application for a green card. However, if you are applying for the GC based on asylum status, the public charge rules do not apply. Also, the public charge questions are not on the citizenship form. Take care, Jason
Hi Jason, I have a quick question, I am an asylee from Pakistan and have a Refugee travel document, can I travel to Mexico and Dubai with it?
I am not sure. Maybe you can check the embassy websites to see if they provide any info, or try to contact the embassy. Take care, Jason
Hello Jason Sir.
Does FOIA gives any clue about pending asylum decision? I have been waiting since 20 months in SF for my decision? I recently filled FOIA. Will it effect my case? I tried congress and ombudsman. Their inquiries is responded back by USCIS as constituent’s case is under extended review?
What are your thoughts on extended review is it something Alarming or general response from uscis. It’s something beyond security back grounds check? Or serious in nature.
Your reply will ease my stress.
Thankyou
I do not think the FOIA will have any negative effect. Sometimes, the results show a decision, but the decision is not yet implemented due to security background checks being incomplete, or maybe for some other reason, so maybe you will get some info about the case. In terms of extended review, I think that is just general language and so while it may actually mean something, it could mean nothing at all. Twenty months is a long time to wait, and I did a post about ideas for getting a decision on June 2, 2021. Maybe that will help (though it sounds like you tried most of these ideas already). If not, you might consider a mandamus lawsuit to force them to issue a decision. We wrote about that on October 2, 2018. Good luck, Jason
@Khan
I was also on the same page as you, in the same SF office. I waited for 24 months for a decision and after 24 months of waiting, the asylum officer sent me to the court. I hope that not happening to you and the decision for you will be positive
@ Ashlee Thank you for your response
have you tried mandamus? How did you get the decision? Did you go in person to inquire or inquired through Congress, ombudsman? What was their response same like extended review/ under active review? What was exact response?
Thankyou.
If someone can demonstrate that they are facing persecution based on multiple protected grounds such as political, religious and ethnic, which ground is used to grant them asylum? I heard that a person can only be granted asylum under one protected ground and that is enough to grant asylum to a person but does that mean the other grounds will be dismissed?
That is not really how it works. If a person qualifies for asylum based on one ground or several, they can receive asylum. It really does not matter, as long as there is at least one. Take care, Jason
Hello Sir,
Good Day, Is there any fee for applying for initial EAD based on pending asylum ?
Thank you in advance .
Saief Ahmed
The first EAD based on a pending asylum case is free. Take care, Jason
Hi Jason,
I stayed more than six months when i come into US before applying for asylum. Please i want to know if i can still apply for EB2 NIW to change my status because i just my master’s degree.
Thank you
I think you would need to leave the US to get the green card, and if you leave, you may be barred from returning to the US for 3 years (you are barred for 3 years if you were out of status in the US for 6 months or longer before you filed for asylum. I wrote more about this on August 28, 2018 and September 6, 2018, but I would have a lawyer look at the case and determine whether you are eligible to get the GC, whether you would have to leave the US, and what the risks are. I would do that analysis before starting down this path, as there is no point in starting if you cannot finish, and it could end up wasting a lot of money. Take care, Jason
Hi Jason, I read an article on the Washington Post titled “A doctor tried to renew his passport. Now he’s no longer a citizen.The Northern Virginia doctor was born in D.C. and given a U.S. birth certificate. At 61, he learned his citizenship was granted by mistake.”
https://www.washingtonpost.com/dc-md-va/2023/11/25/virginia-doctor-passport-citizenship-nightmare/
It is very interesting and I am curios about your legal take on this. Also, can one for any reason lose their citizenship when they do not have another one. My understanding is that international law does not allow governments to revoke citizenship unless the person has another citizenship because it would leave someone stateless. Many people lose their citizenship when they become US citizens because their country of origin does not allow for dual citizenship. So if god forbid, they decided to take their citizenship away, they could become stateless like this doctor.
I think the US government is probably correct under the law, but the whole case is a disgrace and it shows a major problem with immigration law – no matter how much time passes, immigration problems do not go away. If I rob a bank and enough time passes, I cannot be prosecuted. But if I have an immigration issue, there is no statute of limitations. That law should be changed to avoid absurd situation, such as the doctor’s case. Also, the doctor has a very expensive lawyer (I think he paid $40,000 in legal fees so far). It does sound like the case will eventually be worked out, but it is really ridiculous. Take care, Jason
Hi Jason, There is a program run by the CBP called Global Entry. It is “a U.S. Customs and Border Protection (CBP) program that allows expedited clearance for pre-approved, low-risk travelers upon arrival in the United States.” Basically, travelers who are accepted would go through a kiosk instead of having to wait in long lines to be admitted by a CBP officer at the airport. This program is available to US citizens, US permanent residents and citizens of a selected number of countries.
When you read the program info there is no mention of asylees and refugees. However, they say US permanent residents are qualified as long as they have a valid passport and if they are approved based on the background checks and interviews. So if an asylee with a green card is using their home country passport, is it safe to apply for this program.? have you had clients who applied and were approved? This is a practical program that help to save time at airports but it is helpful to understand if asylee with green card and valid passport are fine apply for it and use it. It is frustrating that asylees and refugees are not usually mentioned in materials related to travel so it is super hard to find the relevant info.
I have not had a client use the program, at least not that I know about. I do think there is a small risk when using the home country passport. I have never had a client have trouble due to that, but it is not impossible, especially if President Trump or some other anti-immigrant president comes into office. I wrote more about this on May 25, 2022. I think if you are able to explain why you used the passport, you will probably be ok, though whether CBP would approve an asylee for Global Entry, I do not know. Take care, Jason
Hi Jason, the processing time for an RTD is approximately 18 months. That is a very long time and it seems like most asylees are using their country of origin passport. Some attorneys in California are advising their clients to use their country of origin passport. The attorneys are saying that the advise against using the country of origin passport is outdated and that they had no client who was harmed during naturalization because of that. The attorneys say that, at best, nothing comes up during naturalization, and at worst, an explanation is needed.
Foreign Governments usually do not care about asylees from their country using their passport or issuing passport to them. I do not think they even know that those people are asylees. Foreign Governments can not track everyone overseas. They usually focus on senior political dissidents and opposition leaders and, even those are often tolerated as long as they stay outside the country away from the regime that wants to hunt them down.
I read all your articles about using the country of origin passport. I still have a few important question here:
1- What is your take on the advise given by the attorneys in California? Is it reasonable or it has no legal basis? What is the exact INA Act and the relevant regulations/guidelines’ position on that? I tried to find something but could not.
2- Your article is reasonable. Your main suggestion is that: as long as they have valid explanations and justifications, asylees should be able to use the passport of country of origin. However, a cautions mind would think that if trump administration is back in office, such an administration could try to find reasons to deny naturalization. Do you think an administration like that could find a loophole to penalize asylees who used their country of passport in any possible way, or do you think the legal text does not give them chance to do that? It was once speculated that Trump wanted to increase eligible residents period from 5 years to 10 years to qualify to be able to file for naturalization. They can try to do anything to limit and decrease naturalizations.
3- From your own experience, have you had situations where a client was asked during naturalization about using or renewing the passport of their home country. If this happened, was a simple explanation enough or has USCIS ever asked for further documents and evidence to justify using or renewing the passport?
1 – I have had clients use their passports and no one has had a problem yet. I think if using the passport causes the US government to question whether the asylum case was true, then it could create problems for the person. While I think this is unlikely, it is not impossible, especially if we get a new president who is more hostile to immigrants. 2 – I do not know what the law states about this, but I would think that the 5-year requirement is in the statute, and so it could not be changed without Congress. I do think an Administration can cause a lot of problems for people, and so maybe Trump 2 would use travel as an excuse to re-open asylum cases. I doubt it, as that would probably not result in many cases actually being denied, but you never know. 3 – I do not recall a client being asked about the passport, but I have had clients asked about return trips to the home country. The questioning (as far as I remember) was never too much, but I suppose USCIS officers could be directed to be more aggressive, and so I would not say that problems are impossible. But for now, under the Biden Administration, I think travel using the passport is very unlikely to create issues for the person. Take care, Jason
Good day jason
I was wondering about the work authorization based on pending i485 , would it be for a year , two or five ? Thanks a million
I think it is for one year, but I cannot remember for sure right now. Probably I am ready for the holiday. Take care, Jason
Hi, I have been waiting for my asylum interview decision for 10 months now. Despite multiple inquiries, I’ve been informed that the decision is still pending, is the extended duration a positive sign, or what are your thoughts on this delay?
Thanks
I do not think it is a positive or negative sign. It is just evidence that the agency is not properly functioning. I wrote a blog post on June 2, 2021 with ideas for getting a decision. If those do not work (and they probably won’t), you can try a mandamus lawsuit – we wrote about that on October 2 2018. Take care, Jason
Hi ,
I appreciate your response, considering my situation, I think pursuing a mandamus lawsuit could be an option. My concern is whether it might have adverse or negative effects on my case ? Your swift response would be highly appreciated. Thanks
There is no way to know for sure, but my experience is that USCIS does not retaliate for people who file mandamus cases, and that filing such a case has no effect on whether your application is approved or denied. Take care, Jason
Me and my wife’s asylum was accepted in March 2022. I applied for green card about 6 months ago. My wife has not applied for a green card yet, but she is thinking of applying soon. We are considering divorce and have signed the separation agreement. While my wife is waiting for the result of the green card application, what happens to her green card status if we get divorce ? Does she need to the anything to get her green card if we divorce before she her get green card?
If you are divorced, you need to inform USCIS (if you do not tell them, they will learn about the divorce date once you apply for citizenship, and then you could lose your GC if it was obtained as an asylee dependent after the divorce). Then, whoever was the asylum dependent will have to file a nunc pro tunc asylum application. This is a formality, so the dependent can get their own asylum approval. However, it will cause a very long delay – we have one such case (where the principal applicant died), which has been pending for 4 years. I did a blog post on February 10, 2022 about this issue (scroll to near the end of that post), but it would be better if you could remain legally married until both of you have the green card, as that will avoid this whole mess. Take care, Jason
Thank you so much Jason
hi Jason,How long does this process take, nunc pro tunc? Secondly, what happens if my wife applies for a green card before getting divorced and we get divorced before she receives the green card?
It can take a long time, but there is no way to predict. I did see some data from the Arlington Asylum Office and they have cases pending for years. I do not know that that is for all cases, but at least for some cases, it takes 5, 10 years or longer. Take care, Jason
Hi Jason, sorry if I didn’t make my question clear earlier. I submitted my I-4885 application in 2019, and usics is requesting that I skipped one of the yes/no questions on the application. When I checked I actually did skip one question on the applicaion. They asked my to fill in that question and re-submit again. My question is, when I re-submit the I-485, since my job history changed since 2019, should I update the job history part or just update the part what they asked for ?
Hi Jason, sorry if I didn’t make my question clear earlier. I submitted my I-4885 application in 2019, and usics is requesting that I skipped one of the yes/no questions on the application. When I checked I actually did skip one question on the applicaion. They asked my to fill in that question and re-submit again. My question is, when I re-submit the I-485, since my job history changed since 2019, should I update the job history part or just update the part what they asked for ?
I do not know if that is necessary, but I think there is no harm in updating your job history. If you do that, I would include a cover letter explaining that you answered their question and also updated your job history. Take care, Jason
Hello Jason.
I am an asylum applicant. I am marrying a girl whose asylum is approved. Now she has to apply for a green card. Since I can also get a green card from her, I want to do that. Now my question is, since the law has changed and we can apply early, can we apply for both green cards together. Can she and I submit the forms together?
Thank you
Tee
If you were married at the time she won asylum, she can file an I-730 petition for you. If you married after she won asylum, you have to wait for her to get a green card and then she can file an I-130 petition for you. This process takes some time and may require you to leave the US (which may or may not be legally possible). I would talk to a lawyer about the specific situation to see what is the best approach. Take care, Jason
Jason,
Rather than petitioning i130, lets say she got her green card, and now she wants to petition for me. Can she not use i485 to petition for me?
Thank you
Unless you were married when she got asylum, she cannot petition for you until she has her own green card. She must use form I-130 for that. Form I-485 is for something else (to apply for a green card once the I-130 has been approved or when there is another basis for the green card, such as asylum approved). There is a good chance you will need to leave the US to get a GC based on her (once she is able to file for you), but talk to a lawyer to be sure (once she is a US citizen, you can probably get a GC without leaving the US but again, it depends on the case). Take care, Jason
Jason, I am in US. I am married to a green card holder. But i am also here in US on asylum. If my wife petitions for my green card, do i need to leave US or can i be here?
I wrote about this on August 28, 2018 and September 6, 2018. Whether you need to leave the US mostly depends on whether you are here with some type of legal status – and if your only status is the pending asylum claim, that does not count. If you are in status, you can probably get the GC here; if you are not in status, you probably have to leave. There are exceptions to both situations and so you would want to talk to a lawyer about specifics, but if you cannot get the GC here, maybe you can just wait for her to get US citizenship and then you can probably get the GC without leaving (I wrote about that on August 8, 2018). Take care, Jason
Hello Jason.
I am currently waiting for my asylum interview. My spouse is back in persecution country. She is going for education to Canada. But my spouse is added as a dependent in my asylum application. Will her going to Canada affect the asylum case?
Q2:
If she goes to Canada and then my asylum gets approved, will her moving to US at that time be any problem?
Thank you
1 – I do not see why her being in Canada would affect your case. 2 – If you win asylum and are legally married to her at the time you win, and she is in Canada, you can file an I-730 form for her and eventually, that will allow her to come to the US (these days, wait times are 1 to 2 years for most people). Take care, Jason
Hello Jason, please find below the initial thread.
=== Part B ===
Please two more important question is, does USCIS provide a new Receipt Number for the Amended I-589 Application or I still retain the old one? And lastly, since the application was submitted in August 2023 does the 150 days rule to apply for EAD still applies in her case based on my pending asylum application (I have my EAD renewed already).
TJ.
====== INITIAL THREAD ====
=== Part A ===
Hello Jason,
I have a pending asylum application since 2000 and added my spouse (she is out of status on B1/B2 Visa) to my application as a derivative of my application this August 2023 by an experienced attorney, but I am yet to receive any correspondence from USCIS. I’ll like to ask, how long does it take to get a response?
Hey Jason,
I am an asylum seeker waiting to apply for a work permit. I wanted to know if there is a way I can have access to healthcare without health insurance.
Thanks in advance.
I do not know about that, but if you contact an immigration non-profit in your area, maybe they can give you an idea. I did a blog post on September 22, 2016 with links to non-profits by states, and maybe that would be a good starting point. Take care, Jason
Hi Jason, I submitted I-485 application based on asylum in 2019. They now responded saying that I skipped answering one of the yes/no questions. When I re-submit the application, should i just fix the part that I skipped or should I also update my work experience since 2019? Thanks.
I am assuming they sent you a Request for Evidence. You need to provide answers to whatever questions they ask. I do not know that it would be helpful to provide additional information if not requested. However, if you think there is some reason to include the extra info, I doubt it would do any harm. Take care, Jason
Hello Jason.
I just wanted to check when can I apply for permanent residency. I just won my asylum case in the court. Do I have to wait a year to apply for green card or I can do it after I receive the I-94? Someone told me that the law has been changed and I don’t need to wait for a year. Is that correct?
Thanks in advance.
You do not need to wait a full year and the law has changed. Most lawyers are recommending 6 months, but that is up to you. I wrote about this in detail on February 8, 2023 and maybe that will give you a better idea. Take care, Jason