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
I’m filed I_485 adjustment for status.
And submitted I-912 request for fee waiver, my basis for request is financial hardship, as my 2 kids college tuition are very high. Is it recommended to apply for this particular reason?
The other 2 basis (means tested and household income does not apply to our situation)
I heard it’s prohibited for asylum seeker to shoot recreationally in a gun range and that you can go to prison.
Do they ever ask about military training and if that is training received at a gun range considered one?
How should you answer and can your answer get you in prison?
Hi Jason,
I entered the country as a LPR. Due to 2 convictions (CIMT) I was ordered removed then granted WOR in 2013. I just filed an I-130 and also have an I-765 pending. My questions are:
1) I’m I currently at risk of detention/ deportation?
2) I was advised once the I-130 is approved I should re-open and adjust, do you think I have a good chance here or I’m I increasing the risk by doing this?
Thank you for your time in advance
Hi Jason! I have a pending asylum but adjusting my status through marriage. I am filing the work permit for Cat c9 and I was wondering what status to enter? Pending asylum? I am concerned that it may confused them. Or do I need to add additional comment using the last page. Thank you!
If you are renewing a work permit based on asylum pending, it is c-8. If you are seeking a new work permit based on the marriage case, it is c-9. It is kind of up to you. The advantage of the c-8 is that you get the automatic extension of the old card if you file before the current card expires and it is good for 5 years. The advantage of the c-9 is that you can file jointly with form I-131 Advance Parole and your EAD will be valid for work and to re-enter the US if you want to travel. Take care, Jason
Gotcha! Thanks for taking the time to answer my question. On the form Question 27, it is asking for my current immigration status. So, I am a bit confused. Since I am filing concurrently do I enter my current immigration status as « asylum applicant » or « AOS applicant ». I understand that I need to enter c9 at question 28 but the current immigration status is what is confusing me. Thanks again for all you do!
I think for that question, we usually write “asylum applicant” or “asylum pending,” but you can write whatever you think is most appropriate, and if you are not sure, you can circle the question and hand-wrote “see cover letter” next to it. In the cover letter (or on the supplement page at the end of the form), you can provide further explanation. I think as long as everything is explained and you attach documents showing your status, you should be fine. Take care, Jason
1 – I guess that is possible given how ICE has been behaving lately. I wrote about the possibility of WOR people being removed to a third country on March 12, 2025 and that might help, but if you have an ICE check-in scheduled, you would be well advised to talk with a lawyer and make arrangements to respond if they detain you, try to transfer you to another state (away from family and lawyers), or send you to a third country. 2 – To get the I-130 approved, you will likely need to go to a USCIS office for an interview. I would have a lawyer assist with that, as maybe the lawyer will know if other, similarly situated people are being detained. Also, you should evaluate whether you are even eligible to get a GC given your convictions. If you are not eligible, there is no point in processing the I-130. If you are eligible, do you need a waiver? If so, do you have a strong case? I think if you know more about the possibility of getting the GC, you will be better able to evaluate the risk and whether it is worth a try. Take care, Jason
Hi Jason, I hope you are having a good day. I’m filing my adjustment of status as an Asylee and have a few clarification questions:
1- on part 1 Q.10 about recent immigration history. So I came in the US in 2014 as an F1 and was granted asylum last year. In 2025 I traveled once to go visit my family. Before that I had never left the country since I came. So for immigration history should I enter 2025 information? Since I came back with a travel document or should I provide my 2014 information when I came in as F1?
2- if I provide information of my last entry (2025) then I guess I don’t have to provide the non immigrant visa number? Then how should I reply to Q11? -When I last arrived in the US? Should I file other : and put Asylee?
3-Q12- asked for I-94. Should I provide the I-94 that was granted with my asylum approval letter or the one that is attached to my F1?
4-depending on those questions I guess my Q13 will be NO and Q14 will be blanked? Since my last arrival in 2025 is as an Asylee and it hasn’t changed since?
Thanks for all your help
Sorry, I cannot answer such specific questions, as I am not familiar with your case. I think most of the questions are looking for your last entry, but it depends on the question. For your I-94, we would include the last entry on the form and also a copy of the asylum granted I-94, so USCIS has that as well. Take care, Jason
Hi Jason, I have a question regarding travel for people from countries that were previously impacted by the travel ban, such as Iraq, Syria, Venezuela, and Somalia. If they hold a valid green card and passport, are they still able to travel, or is there any specific risk or restriction based on their nationality or country of birth? This is assuming they have no violations or criminal record or any other issues.
There is no specific risk to such people, though it is a good idea to keep an eye on the news to see whether the government might issue a new travel ban. So far, that has not happened, but unfortunately, it always remains a possibility. How such a ban would affect people with a GC, we do not know, and probably they would be ok, but since this Administration has shown little respect for the law, it is important to pay attention to the news to see if they do try to issue a ban. Take care, Jason
Hi Jason,
My question is, what if I have kids on my asylum case, not interviewed yet, and now they became adults. I mean, when I filed asylum, my kids were minor and now they are 18. What will be impact on case and is there any way that they consider as legally approved for GC? They started their schooling from kinder here.
Unless they get married, there is no effect (and for purposes of asylum, they are not adults until they are 21, however, even then, they remain on your case unless they get married – that is the Child Status Protection Act). Take care, Jason
The current pause on Green Card Processing for Refugees and Asylees, is it applicable to all or certain set of individuals from specific countries? And have they stopped processing green cards for Refugees and Asylees entirely or some cases are still being processed? Do you have any information or updates on this?
I have no info and so I do not know who it applies to, or how long it will last. USCIS has not given us any info, but a non-profit has filed a request for documents related to the pause, and so hopefully, we will learn more in the next few months. Take care, Jason
Hi Jason,
Thanks for the reply.
I want to ask one more question so since its been almost 8 years since i file the asylum and i did mot get a single interview and no movement in case so is there any way i can win the case or i can sue them etc.
Secondly, having asylum pending and have only work permit and id handy can we travel via flight inside the usa i mean is it save as per current situation.
Please let me know
Thanks Alot 🙏🏻
They are currently interviewing old cases, at least in some offices, and so maybe you will get an interview soon. Otherwise, you could file a mandamus lawsuit, as that is a way to force them to give you an interview. You should be able to travel domestically with your passport, work permit, and state ID. This website should have more info: https://www.tsa.gov/travel/security-screening/identification. Take care, Jason
Hi Jason,
I trust you are well.
If a person who recently went for form I130 marriage based interview, and also has an affirmative asylum decision pending since 2018 having done interview but notyet got a decision, was told in the I130 interview that a decision can still not be made at this time on his petition because the person has an investigation still going on his past case.If he decides to travel outside the country on advance parole based on pending adjustment of status, can he be allowed to come back in, in case the I130 gets approved.What happens if I130 gets approved when he is outside the U.S, can he do consular processing for immigrant visa and come obtain greencard while also travelling on advance parole, or can he just return on the parol and wait conclusion of i485?
Also, what do level of confidence will you give to their i130 case being approved,based on what they were told that decision on their case cannot be made at this time because of the ongoing investigation?
Thank you.
Without knowing the nature of the investigation, it is difficult to evaluate the problem. The only purpose of the I-130 is to determine whether the relationship between the petitioner and beneficiary (i.e., the marriage in this case) is true. So presumably the purpose of the investigation is to determine whether the marriage is true or whether there was a prior marriage fraud case for either person. Advance Parole is not based on the I-130. Based on what you wrote, it is either based on a pending I-485 or pending asylum. If it is based on an I-485 and the I-130 is denied, USCIS would likely deny the I-485 as well, and that would technically cause the AP to end. If that happens, you could probably still return to the US if you do that quickly, but there is some risk that you might be detained when you return or that you won’t be able to return at all. If the AP is based on asylum, you should still be able to return even if the I-130 is denied. If the I-130 is approved and you are eligible for consular processing, you can do that. If you have a consular processing appointment, it is helpful to have AP at that time, so if something goes wrong at the consulate, you can still return to the US with AP. All this is pretty complicated and there is potentially some risk if you leave the US, and so you would do well to talk with a lawyer about specifics, especially if you plan to leave the US as part of the immigration process. Take care, Jason
Dear Jason,
I hope this message finds you well? I’m reaching out to seek clarification regarding my current immigration situation.
I was a dependent on my ex-husband’s asylum case which was referred to court and placed in removal proceedings. Following our divorce, his attorney filed motion to severe the case. The judge granted the the motion, indicating that our next court date was canceled and that a new date will be scheduled. The court order also stated that I’m being severed from both of my ex-husband and 9 years old daughter.
I would greatly appreciate your guidance and the following questions.
1. What does a severe mean?
2. What is my current standing in the his asylum case?
3.Do I still have follow up on the case? I do not have a separate asylum case for myself.
4. I’m planing to apply for AOS through a marriage to a US Citizen, do I need to resolve or terminate my removal proceedings with my ex-husband husband asylum case before proceeding with the AOS?
Your explanation and guidance would be sincerely appreciated. Thank you for your support always.
1 – It means each case will proceed separately. If you were a dependent on his asylum case and you want to file for asylum, you should do that as soon as possible, as you do not want to be denied based on the one year asylum filing bar. I wrote about that on January 18, 2018, but basically, a person must file for asylum within one of arriving in the US; otherwise, asylum could be denied as filed too late. There are exceptions to this rule. One exception is that you were a dependent on your husband’s case, but you have to file within a “reasonable time” of the date your marriage ended. There is no definition of “reasonable time,” but a month or two is probably ok, and 6 months may be too long. Talk to a lawyer about this if you need help, as you should take care of this as soon as possible. 2 – If you are legally divorced, you are no longer a dependent on your husband’s case and you need to file your own asylum case or other application for relief, if you want to stay in the US. 3 – You have to go to court and present any defenses to being ordered deported. If you fail to go to court, the judge will order you deported. 4 – That is a long process and you need to attend all court hearings, and eventually try to get the court case dismissed, or maybe try to get your GC in court. You should talk to a lawyer about this process, as it is a bit tricky – your US citizen husband would need to file an I-130 petition for you, and you would need to delay the court case while the I-130 is pending. Once it is approved, you can try to dismiss the court case. All this assumes that you are eligible to adjust status (get your GC in the US), but talk to a lawyer to be sure and to get some guidance on the whole process. Take care, Jason
Thank you so much for your response and I truly appreciate the information you provided. I have not married yet to the US Citizen.
Does this mean that if I don’t file my own asylum application, the judge could make a decision about my case based on my ex-husband’s case, even though I have been severed/ separated from it?I’m just trying to gain some insight before consulting with an attorney.
You are no longer part of your ex-husband’s case, meaning there is nothing for the judge to decide. Unless you have your own application for relief, the judge will order you deported, as you have no defense to being removed from the US. Take care, Jason
Hi Jason,
Thank you again for your continued support of asylum seekers. I recently sent an email to you at Jason@MurrayOsorio.com but haven’t heard back yet, so I just wanted to follow up. I was reaching out to ask if you are currently accepting new cases. Well my case is not new, I applied on my own a few years ago…
Is that still the best email to contact you?
Best,
Fred
Yes, that is my email. I will reply as soon as I can. Take care, Jason
Thank you for your quick response Jason! I have forwarded you my email again in case you missed it.
Hello Jason,
Hope i r doing good,
I have a question. I have filled the asylum in 2017 with my wife and daughter. We all have done the biometric initial year 2017 and uptill now no interview or movement. Now this week i got one letter after 8 years from uscis for my daughter only saying go for biometric on the date they mention. Its only for my daughter. WHAT does this mean?? She become 16 years old this January is it coz of that? Can u please tell me it will great.
Thanks Alot
It may be because she is over 14 and has not yet done biometrics. We have seen this in other cases. She should attend the appointment. Also, it may mean that an interview is coming soon, so make sure you have all evidence and your case is ready to go, in case you get scheduled for an interview (I plan to post an article about this later this morning). Take care, Jason
The same happened to me last year, after biometric i got interview schedule letter after a month and half. Good luck!
Hi Jason,
I approved for asylum by 01/12/2024 and apply for green card on 11/12/2024 and they send me a notice to do finger print on 01/6/2025 in my case status still showed (Case Was Updated To Show Fingerprints Were Taken) and (Next Steps We will prepare your case for officer review. If we need more information, we will notify you.) any idea what’s that meaning and what is the time line green card based on asylum approved. my asylum office was Newark Asylum Office.
Thanks
In the past GC cases for asylees were taking 1 or 2 years. However, not supposedly, such cases are on a “pause.” We do not know how long the pause will last or who is affected, but all such cases are delayed, as USCIS wants to do more background checking. If I learn more about the pause, I will try to post it here. Take care, Jason
Thank you and yes pleas if you can do a subject about the pause you talking about.
I currently have no more info about the pause, but if I learn more, I will try to write about it. Take care, Jason
Hi Jason, good day to you!
I have completed my asylum interview on March 12, 2025.
On May 8, 2025, I received an automated email from no-reply@uscis.dhs.gov stating, “We have taken an action on your case. Sign in to your account to view your case status.” I immediately signed in to my account; however, the status remained pending.
My I-94 is going to expired on May 19, 2025. My questions are:
(1) If I were to receive a notice of intent to deny (NOID) before May 19, and I explain in writing within 16 days, during which period my I-94 has expired, what I can do to my case.
(2) If I were denied after May 19, will my case be directly forwarded (or referred) to an immigration court?
Thank you in advance!
SY
1 – If you get a NOID and respond, and then the case is denied after your status here ends, I believe the case will be referred to Immigration Court. 2 – I believe so. Take care, Jason
Hi Jason, appreciate your reply! Have a nice day!
Hi Jason,
Thank you for assisting everyone. We would appreciate it if you could share your insights on the following situation.
If someone’s son or daughter is turning 21 years old and his/her parents documents are ready to file for adjustment of status (I-485) within a week of his 21st birthday, but parents unexpectedly received a notice to appear for their first asylum interview within two weeks after turning 21. How might an asylum officer view this scenario?
These two events (interview and AOS) are happening too close to each other, and parents do not have a strong case for asylum.
Are there any potential negative consequences given the latest administrative laws?
How to avoid getting “Notice of Removal”?
FYI: Parents have been on Work Permit since 2016.
Looking forward to your advice.
I am not sure I understand the questions – however, it is pretty common for people with pending adjustment cases (I-485) to get called for an asylum interview. Unfortunately, even though it seems like a waste of time, the asylum offices seem unwilling to postpone the interview for a long time, so that the person can get the GC by some other means. In most cases, the asylum applicant is forced to go forward with the asylum interview and hope that they get a decision in the I-485 case as soon as possible. If asylum is denied, the person would be referred to court, where they could probably get the GC based on the I-485, but they would first have to get the court to dismiss the case first. In short, it is all a huge waste of time and a lot of extra stress, and if the asylum office would just put the case on hold until the I-485 is decided, all that could be avoided. In my experience, the asylum office will not do that, but maybe you can ask, as different asylum offices sometimes have different policies. Take care, Jason
Hello Jason and thank you for all you do,
My sister has been waiting for her green card based on granted asylum,yesterday she received a mail from Uscis asking for more evidence medical saying the one she submitted together with her I-485 has expired ,is she supposed to submit with another application or it’s just 1-693?
Thanks
It sounds like they are asking for another medical exam, but read the USCIS letter carefully to be sure. It does sometimes happen that the medical exam expires and then it needs to be done again. Maybe if you use the same doctor, it will not be as expensive to re-do it, since much of it should be the same as last time. Take care, Jason
Jason,
Do you how many pending asylum cases are there right now? Or how many are being submitted every month since January 2025?
There are more than a million cases (representing probably close to 2 million people, as some cases have a spouse and children) at the Asylum Offices and over 3 million in court (though these are individual people and not cases). I have not seen any data about the number of new asylum cases since Trump took office. Take care, Jason
Hi Jason, I wanted to ask you as We have a hearing coming up.. I’m the derivative on my husband’s asylum case so I’ll definitely be attending the interview but We also have a three year old daughter who’s born here so should We take her with us or not?
Assuming she is a US citizen, it is better to not bring her, as it can be a distraction at the interview when a child is present. If you have to bring her, it will probably not be a big deal, but if you can leave her with a babysitter, that will probably make life easier for you and the Asylum Officer. Take care, Jason
Hello Jason,
The IJ granted asylum today on basis on several different grounds. Can I finally breathe out? I know that the DHS could file an appeal still but how likely is it to happen? Sorry if the questions are too ambiguous.
That’s great news, and hopefully, they do not appeal. It is rare for DHS to appeal, even though it is relatively common for them to reserve appeal (meaning that they have 30 days to decide whether to appeal or not). I have only had them appeal one grant in recent years and that was a complex case where the asylum seeker had been involved with corrupt oligarchs in his county and DHS believes he is a criminal. In many other cases, they reserved appeal but then did not appeal. Good luck, Jason
Thanks Jason. Is it more discouraging for them to appeal i asylum was granted based on several grounds versus one?
I think they rarely appeal as they do not have a lot of resources for that. Take care, Jason
May I ask when did you apply for an asylum?
May I also ask what your case was? Like what country? And were you an activist in your country or here?
Hi Jason,
I understand that every case is unique, but I’d really appreciate your guidance on a few specific points:
1. What is the ideal length for a personal statement? I’m currently looking at around 12 pages, single-spaced. I want it to be detailed, but not overwhelming for the asylum officer.
2. Since I’m filing on my own, should I incorporate country conditions into the personal statement when relevant, or would it be better to include them as a separate section?
3. Would you recommend including a legal brief to the best of my ability, even though I’m not represented by an attorney?
With the exceptional service you provide, I can honestly say that if I were in a position to afford legal representation, you would be my first choice—no question.
Thank you so much for your help.
1 – I think shorter is better and I aim to make the affidavits 5 to 8 pages double spaced. The officers have very limited time, and I want to get to the point. I also think including too much detail creates the potential for inconsistencies. Different lawyers have different opinions about this questions, and I wrote more about it on May 3, 2016. 2 – Unless it directly relates to your story, I think it is better not to include country condition info in your statement. 3 – I guess it depends if you think there are legal issues that need to be addressed, such as the one-year bar, defining a particular social group that is unclear, or firm resettlement. I generally do not include a legal brief, as most cases do not seem to need one, but again, many lawyers always include a brief. Take care, Jason
Hi Jason I hope you are going well.my IH is in two month in July and I am going to need a French interpreter.where can I find one in Kentucky to provide me a service ?
You cannot bring your own interpreter to court. The court itself provides an interpreter, and if you have a lawyer, hopefully the lawyer already asked for that. If not, you need to notify the court that an interpreter is needed. If you are doing this yourself, you might want to go in person to ask about how to do it, as you need to send all documents to both the court and DHS (the prosecutor). You can find the court location and phone number (though they don’t always answer the phone) if you follow the link under Resources called Immigration Court. If you can afford a lawyer, you should definitely try to get one, as it is difficult to prepare a court case if you have not done that before. Take care, Jason
Good morning Jason,
I hope all is well. I am currently screening someone for asylum, an affirmative filing to be exact and I would like to know would these particular social groups be considered strong.
The individual became an orphan at age of 12 or 13 (both parents deceased). Though she was taken in by her older paternal half sister and her husband, the outside world (Haitian society) tends to prey on young girls and boys who do not have any parents
Another PSG would be medical student/aspiring medical doctor. As she advanced in age, she desired to become a medical doctor, but from 2019-2022 (when she attended medical school), gangs began tormenting the institution. Sending letters to administration demanding the school be closed. Some students even stated that they noticed odd vehicles frequenting the school premises. Since then, gangs have continued to kidnap, murder, and shoot/burn medical institutions. The young woman is now 27 and entered the country in 2023 through the parole program. She has maintained that status since 2023 and in 2024 she was granted TPS. I look forward to hearing from you!
Orphan might be a good PSG, depending on country conditions (are orphans a recognized group? Do they face harm?), but if she is now 27 years old, it seems unlikely that she would be targeted for this reason today. I am not sure that medical student would be a good PSG. Maybe, depending on country conditions, but this is not really immutable, since she can just leave medical school. Could this better be expressed as an imputed political opinion? Maybe medical students are politically active to support better health care or living conditions, and she might be targeted for this reason. Or maybe she has done medical work, which could be viewed as political – if she is helping people who have been harmed by gangs or a political party, for example, the gang may seek to harm her or helping their victims – in other words, the gang or a political party may view her work in political terms and target her for that reason. Take care, Jason
HI JASON
I APPLIED TO ASYLUM IN ONE YR AFFIRMATIVE IN 2016 BUT MY CASE WAS REFFERED TO IMMIGRATION COURT WITHOUT ASYLUM OFFICER HEARING THEN MY LAWYERS FILED FOR DEFENSIVE ASYLUM LIKE HE FILLED MY FORM AGAIN WHERE IN APRIL 21 2025 MY HEARING WAS DONE AND CASE WAS DENIED AND GAVE 30 DAYS TO LEAVE I HAVE FEAR OF PRESECUTION IN MY COUNTRY WHERE I AM FROM AND RIGHT NOW ITS GETTING WORSE BASED ON RELIGION MINORITY WHAT ARE THE OPTION DO I HAVE TO CLAIM ATLEAST FOR THE TIME CAN I APPLIED FOR WITHOLD OF REMOVAL ?
You should have applied for Withholding of Removal and Torture Convention relief with the Immigration Judge, at the same time you applied for asylum. If everything was denied, you can appeal to the Board of Immigration Appeals, but the appeal must be received within 30 days of the judge’s denial order (if you do not appeal, the denial will be final and you can be deported; if you appeal, the deportation is on hold while the appeal is pending). You should first get the appeal filed to protect yourself, but if you think your attorney did something wrong, talk to another lawyer to review the case to see if anything can be done. Take care, Jason
Hi Jason
Entering USA legally is through a VISA only, Genuine Asylees entering US legally do apply for that and of course never mention they will be applying for asylum. But Once they are in US, they go for it.
Based on above, when question is asked during interview or during green card or naturalization process “if you have ever been dishonest when applying for a VISA ?” what should be the answer ? Specially considering the situation these days when Trump Administration is looking for any excuse to dismiss a case
It depends on what happened. Sometimes, the person comes to the US and things change back home so the person files for asylum. Other times, the person wanted to get away for a while, but when they get here, they see that it is safe and file for asylum. In some cases, the person lied to get a visa. In that situation, the best thing to do is to explain that. Lying to get a visa does not block a person from asylum in the US. There is a case called Matter of Pula from the BIA that discusses this point. Take care, Jason
I applied for asylum in march 2016. Which year’s applicants are being called for the interview right now? Also, if I fail the interview, do I have to leave the States right away or will the case be sent to immigration judge ?
Thank you
It probably depends what asylum office you are in. In Arlington, VA, they are interviewing 2016 cases, and they give very little advance notice, so you should make sure you have all the documents you need and are ready to go in case you are called. If asylum is denied at the Asylum Office and you have no other status, you will be sent to immigration court where you can present your asylum case to a judge. If you love there, you can appeal to the Board of Immigration Appeals. This whole process is pretty time consuming and currently probably takes 2 to 6 years, depending on many factors. Take care, Jason
I have an upcoming asylum interview scheduled in Houston Asylum office , but I’m also in the process of an employment-based petition (EB-3). My PERM application is currently pending and is expected to be approved in the next 2–3 months. I would prefer to delay the asylum interview until I receive a decision on the PERM, as it might impact my future immigration options.
How to request for a reschedule asylum interview under similar circumstances? What’s the best way to approach this with USCIS? Will delaying the interview negatively affect my asylum case or overall immigration status?
Any insights would be greatly appreciated!
Different offices have different policies about rescheduling, and I do not know the policy in Texas. You can try to email them – you can find their email if you follow the link under Resources called Asylum Office Locator. That same website might also show office hours, and it may be possible to go there in person to ask to postpone. If you cannot postpone, you will just have to do your best to present the strongest asylum case you can, and maybe you can be successful at that. I guess you can also ask at the interview itself for more delay, but again, I do not know whether they would agree and if you are planning to ask at the interview, you should also make sure your application and evidence are complete and submitted. Take care, Jason
Hi Jason,
I came to the US with an approved I-730 as a child of principal asylee and recently I got my green card along with my older sibling and my mother. My older sibling received their GC with category AS8, but my green card’s category is AS6 and I believe it’s wrong category, I should be AS8 as well. Should I file I-90 now to fix the issue? and for my citizenship later, will the time count start from original green card’s issue date or fixed green card’s issue date?
Thank you.
You can see the different categories and what they mean here: https://ohss.dhs.gov/topics/immigration/lawful-permanent-residents/immigrant-classes-admission. I highly doubt the AS6 or AS8 will make a difference, as I have never heard about anyone having a problem based on this. The GC should be back-dated one year, and from that date (the date printed on the GC), you have to wait 5 years to apply for citizenship, assuming you meet all other requirements. You can mail the naturalization application up to 90 days before your 5-year anniversary. Take care, Jason
Also, can I travel outside of US while the I-90 is pending?
If you have a valid GC, you can use that to re-enter the US. It should not matter that an I-90 is pending. Even as a dependent, it is better to travel with a Refugee Travel Document, and if you have that, it will be another way to enter the US if you are concerned about the GC itself. Take care, Jason
Hi Jason,
Thank you for your invaluable advise always.
Now, have you encountered any case for those who arrived of visitor viss, b1 or b1b2, applied affirmative asylum after 7 months of being in the u.s, while the 1-94 usually allows upto 6months.Have you heard they are being targetted as well to be placed in removal proceedings for accruing unlawful precense during the period before they submitted their asylum, after their i-94 status expired after the allowed 6months.Is this a ground for removal, even though asylum laws alliws you to submit asylum application upto the one year deadline?
Thanks.
Jojo
I have not heard about anyone in that situation being targeted by ICE. If you had a 6 month period of lawful stay and then filed asylum in the 7th month, you have about a month of “unlawful presence,” which is the time after your status ended and before your asylum application was filed. While the asylum application is pending, you do not accrue unlawful presence. Also, there is no penalty for unlawful presence unless you have 180 days or longer, so one month does not trigger any bars. And in any event, the bar only goes into effect if you leave the US, so in your case, the risk of a problem should be pretty low. Take care, Jason
Jason,
If an asylum case gets denied. Then the asylum seeker decides to leave the country instead of filing for an appeal to fight back. Could that be a reason for refusing a visa (either an immigrant Visa or non immigrant Visa) in the future if that person wanted to come back to the US? And if the asylum seeker leaves the US, would he/she be held accountable if they go back to their home country? Could the US government consider that a fraud knowing that they left no choice to that person but to go back to their home country?
It will be difficult for you to obtain a b or f non immigrant visa if you previously applied asylum then returned home.i was once in a similar situation having withdrawn my case after returning home,since the situation home had changed n i no longer needed the protection.i tried to obtain b visa 3 times but got denied.however, when i got luck to have an employer sponsor me h1b visa,a dual intent visa,i got approved,together with dependents h4.But it did not come easy,i prayed,fasted and attended prayer retreats at my local catholic church back home for to just get that opportunity
There are a lot of factors here, and so it is difficult to know the answer to this. If you have spent 180 days or more out of status, you would be barred from returning for 3 years, and if you spent a year or longer out of status, you would be barred from returning for 10 years. If you are ordered deported, that also comes with a bar to returning. There are other potential bars as well. Even if you do not have a bar, filing for asylum has expressed an “immigration intent” and that would make it more difficult to get certain types of visas, such as B or F, where you need to show that you do not have an intention to immigrate to the US (other visas, such as H1b and L may be easier to get, as they are not affected by immigration intent). If you return to the home country, I suppose you should be prepared to explain how yo ustayed safe in order to avoid any accusation that the asylum case was fake. You may want to talk to a lawyer to review the specifics of your case so you can decide how best to proceed and how to present a strong application to return here. Take care, Jason
Hi Jason, as I mentioned I am due for an interview next month. My lawyer asked me to submit all my Tex returns as well along with other supporting documents. Is it required to send them the Tex returns?Thanks
I normally do not submit my clients’ tax returns for an asylum case. You can, as it helps show you are a person of good moral character, and maybe some lawyers do that as a matter of practice. Take care, Jason
Hi Jason,
I hope you’re doing well. I’m a green card holder through asylum, and I’m reaching out because my grandmother who raised me is gravely ill back home in Cameroon. I would like to travel to see her as soon as possible.
Could you please advise me on how to apply for an emergency travel document or any steps I need to follow in this situation?
Thank you so much for your guidance.
Best regards,
You need a refugee travel document, form I-131, available at http://www.uscis.gov. I wrote about expediting with USCIS on January 29, 2020 and that might help, but it is difficult to expedite. Also, returning to the home country can be a problem for your status – it could cause the US government to think your asylum case was fraudulent. You should be ready to explain why you returned and yow you stayed safe, in case you are asked when you come back to the US or during the naturalization process. I wrote more about returning to the home country on January 6, 2016. Also, if you have to travel with your passport and return to the US with the GC, I wrote about that on May 25, 2022. Take care, Jason
Hi Jason,
After 9 years of long wait , We just received an interview invite but unfortunately our attorney is saying she’s not available on that date and wants us to go by ourselves, Will that weaken our asylum case to go without a lawyer?kindly advise
At least in my local office, they are making it very difficult by scheduling interview with very little notice. Whether the attorney attends is probably less important than making sure the case is properly prepared in terms of documents (which are usually due a week or more prior to the interview), and that you practice your testimony before you have the interview. It is helpful to have a lawyer with you, as it gives you more confidence, but generally, the lawyer does not do a whole lot at the interview. I wrote about what happens at the asylum interview on a post dated September 8, 2016. Take care, Jason
Thank you so much🙂 I believe the Affidavit was already submitted at the time of application.. So should we take police reports and other web links to support our argument with us or submit them before the interview at Arlington office?
Documents in Arlington should be submitted 7 to 10 days prior to the interview. You have to mail them and the mailing address (which is a bit different from the street address) can be found if you follow the link under Resources called Asylum Office Locator. You should also bring a copy of all evidence to the interview, in case they lose what you mail them. Take care, Jason
Hello Jason,
I have question, what if i am on active f1 visa went to USCIS interview and they denied me, will it be refereed to immigration court or they will simply deny without referring to immigration court because i am active visa.
Best regards,
Somi
I suppose USCIS could cancel the F-1 and state that you violated your student status by trying to stay permanently. However, my guess is that they would issue a Notice of Intent to Deny, which you can respond to and maybe still win the asylum case. But if that is denied, you would just get a denial and you would continue in the US on your F-1 visa. Later, before your student status ends, you could potentially re-apply for asylum if you still have a fear of return. You would want to apply before your status ends in order to avoid a problem with the one-year asylum filing rule (I wrote about that on January 18, 2018). Take care, Jason
Thank you jason, which one will be better.
1. Be in f1 visa and go to interview
2. Make f1 inactive and go to interview for better result
Best regards,
Somi
If you win, it makes no difference. If you lose and you are in valid F-1 status, you should get the Notice of Intent to Deny (which I wrote about on February 21, 2018), and if you are ultimately denied, you will just continue in F-1 status (I think, though maybe they would still send you to court). If you are out of status and lose, you get sent to Immigration Court. So it depends what you prefer. Take care, Jason
Hi Jason,
My friend applied for affirmative asylum after 7 months of arriving on b1b2 in 2018.
He was then called for interview at the asylum office shortly after and they retained his passport.
He also says he saw them put his documents under a tray marked fraud.He has never received a decision since then, and his passport has never been returned.He has only been received renewal for EAD.At one time when he called the asylum office to enquire on his case and passport,they told him if he wants his documents they can return to him and leave the country.
In January 2025, he submitted a marriage application to a U.S citizen and was immediately invited for I485 interview, though i130 is still pending.
What is worrying is that he was told in the letter inviting him to the upcomming interview that he can go with an attorney,but the attorney will not be allowed to go into the interview room.
Is this normall,or could they be planning to detain and deport him?
Have you encountered such instances, and what advise would you give him.
Thank you.
I have never heard about an interview notice that states that he can bring an attorney but the attorney cannot go into the interview with him. That is vert strange. Maybe he wants to talk to a lawyer to have the lawyer review the notice and his whole case. He might also want to get a copy of his file through a Freedom of Information Act request. Maybe that would help give him an idea about what is happening. There is a link for this under Resources called FOIA USCIS. Take care, Jason
Despite widespread speculation, it now seems unlikely that the administration will impose a full travel ban, though visa restrictions and other measures may be implemented. Many attorneys online are advising immigrants—particularly green card holders—not to travel at all, out of fear rather than fact. While some trips can be postponed, others, such as seeing a terminally ill family member, are essential. I recently returned from such an emergency trip, which I’m grateful I didn’t miss, as it allowed me to say goodbye to a parent. Though I went through secondary inspection at customs upon my return, it wasn’t any worse than what I experienced under the Biden administration. I am GC holder through asylum and I come from a country that was impacted by a travel ban before.
Given the uncertainty ahead, the best advice for green card holders may be not to avoid travel altogether, but to plan ahead in case a ban is enacted while abroad. This would allow immigrants to make informed decisions without unnecessary fear. It’s concerning that many legal immigrants are being discouraged from travel, potentially missing critical moments with loved ones, even though they are legally permitted to travel. Any thoughts here Jason?
It is a lawyer’s job to try to help the client understand the law and rules that impact the client, and then the client can make an informed decision. That is how I view the travel ban. At this time, I would not tell someone that they should not travel, but I do think they need to be aware of the possibility of some sort of ban. Of course, in this case, there is a lot of uncertainty, as we do not know whether there will be a ban, who it will affect or when/how quickly it might go into effect. Take care, Jason
Hello Jason,
I am currently on an F-1 visa and applied for asylum in March 2025. I will be completing my master’s degree in August 2025.
Am I still eligible to apply for CPT and OPT as a master’s student? Also, when will my immigration status change?
Thank you in advance for your help.
Best regards,
Somi
You should still be eligible for OPT or CPT. Note that new cases often get interviewed quickly, and so you should make sure your case is ready to go, as you may be called for an interview soon. Take care, Jason