Asylum Based i-485

[Diamond2019]

Asylees are exempt from the public benefits which may be food stamps, unemployment, Medicaid etc.,

FYI here is the link from USCIS I-485 public charge rule : https://www.uscis.govhttps://www.immihelp.com/greencard-decoding-characters/gre.../public-charge

Should I include a copy of this public charge rule with the response? I will ask my attorney about that also.

[Diamond2019]

I don’t know why they asked you explanation. Sometimes they did by mistake. Asylees are exempt from all of the above including public charge. Just write a nice explanation letter. Use lawyer probably he can indicate the section no. based on which your exempt and send it to them. Don’t worry you will get your approval soon. All the best.

Yes, I don't know whey they asked us about the public charge and the previous visa status explanation. I checked the I-485 and it shows that we selected Asylee in the category section. I am extremely worry for their questions. My attorney is working on a response.
Anyway, I will post any updates here about the RFEs, so everyone can learn from it.

[Jasmine22]

Yes, I don't know whey they asked us about the public charge and the previous visa status explanation. I checked the I-485 and it shows that we selected Asylee in the category section. I am extremely worry for their questions. My attorney is working on a response.
Anyway, I will post any updates here about the RFEs, so everyone can learn from it.

For how long did your wife and kids have those benefits? The rule says that you are considered a "public charge" in case you use public benefits for over 12 months within a 36-month period. In case you use two benefits within a month, it is considered as two months of benefits.

There are multiple factors that count in order for a person to possess a risk of being considered a potential "a public charge". The fact that you have a full-time job now, or had one for a long time, the education obtained should make you less likely to become a "public charge" in the eyes of the officer.

Especially, you have mentioned that your family has been using those benefits while you were a student, meaning you had less time available to work and provide financial support to them. This is a great explanation, in my opinion.

[Diamond2019]

For how long did your wife and kids have those benefits? The rule says that you are considered a "public charge" in case you use public benefits for over 12 months within a 36-month period. In case you use two benefits within a month, it is considered as two months of benefits.

There are multiple factors that count in order for a person to possess a risk of being considered a potential "a public charge". The fact that you have a full-time job now, or had one for a long time, the education obtained should make you less likely to become a "public charge" in the eyes of the officer.

Especially, you have mentioned that your family has been using those benefits while you were a student, meaning you had less time available to work and provide financial support to them. This is a great explanation, in my opinion.

Thanks for the info! We are preparing the responses with our attorney and will see how it goes.

[rmy51116]

Yes, I don't know whey they asked us about the public charge and the previous visa status explanation. I checked the I-485 and it shows that we selected Asylee in the category section. I am extremely worry for their questions. My attorney is working on a response.
Anyway, I will post any updates here about the RFEs, so everyone can learn from it.

For previous visa status explanation the answer is super straight your adjustment of status is not based on any other categories where you can stay two years out of country. You are an Asylee that means you can’t go and live in your home country so they have to waive it and based on the immigration law you are absolutely fine to apply AOS after one year being an Asylee. If your an Asylee they shouldn’t consider any of your previous statuses.

secondly, public charge rule is not applicable to asylees it doesn’t matter 12 months or 32 months. But if you used it during your j1 status still that should get waived as your Asylee now (your lawyer can give better explanation)

I have seen so many RFEs who applied on Dec 2019 on TSC center. I thought they are other categories but now I felt like they might be Asylum based i485. If that’s correct it looks like TSC working on dec 2019 cases.

[Jasmine22]

For previous visa status explanation the answer is super straight your adjustment of status is not based on any other categories where you can stay two years out of country. You are an Asylee that means you can’t go and live in your home country so they have to waive it and based on the immigration law you are absolutely fine to apply AOS after one year being an Asylee. If your an Asylee they shouldn’t consider any of your previous statuses.

secondly, public charge rule is not applicable to asylees it doesn’t matter 12 months or 32 months. But if you used it during your j1 status still that should get waived as your Asylee now (your lawyer can give better explanation)

I have seen so many RFEs who applied on Dec 2019 on TSC center. I thought they are other categories but now I felt like they might be Asylum based i485. If that’s correct it looks like TSC working on dec 2019 cases.

Thanks for your opinion! You have also mentioned you have seen many RFEs who applied in December of 2019. Are you sure it was December or January 2019?

I have applied in March of 2019, and have no news yet.

[luckycharm4111]

Should I include a copy of this public charge rule with the response? I will ask my attorney about that also.

No, don't do that.

I guess what they are looking in the RFEs are the details which they want to look into it from top to bottom like when, why and how you got it ?

But I am sure that they won't be making any decision based on the benefits you took as they know Asylees are exempt from public charge.

I feel like they are trying to buy some time to approve your Green Card but nothing to worry about.

[rmy51116]

Thanks for your opinion! You have also mentioned you have seen many RFEs who applied in December of 2019. Are you sure it was December or January 2019?

I have applied in March of 2019, and have no news yet.

Yes I saw so many i485 cases showing as transferred to another office followed by RFE in case tracking app. Before and after my case no. they applied on dec 2019 at Texas service center. I thought they are not asylum based i485 but after seeing this I felt like they are probably asylum based i485.

[gtaid1]

No, don't do that.

I guess what they are looking in the RFEs are the details which they want to look into it from top to bottom like when, why and how you got it ?

But I am sure that they won't be making any decision based on the benefits you took as they know Asylees are exempt from public charge.

I feel like they are trying to buy some time to approve your Green Card but nothing to worry about.

I agree with this. They may just what to know and not care about it as a fact in their decision or they may just want to know if you lied anywhere in the past.

[Jay599]

Thanks for the info! We are preparing the responses with our attorney and will see how it goes.

Hi I applied feb 21 2019, do you mind sharing your filing date to see how far I am from your application date.

[Kashigill]

Hi guys,
I sent a congressional inquiry for my pending i-485 last week and my congressman sent me a reply which they got from USCIS, my understanding is not clear about what they saying? Is it a generic reply or is there any issue which needs to be resolved in my case as it stated in this response?
This was the reply as under;

“ Thank you for your inquiry on behalf of your constituent, regarding his pending Form I-485, Application to Register Permanent Residence or Adjust Status.

U.S. Citizenship and Immigration Services (USCIS) records confirm that your constituent’s case is pending at this time. USCIS is committed to adjudicating immigration benefits in a timely and efficient manner while also ensuring public safety, national security and compliance with all relevant directives. While the processing steps for most applications or petitions are completed quickly, a small percentage of cases involve unresolved issues that may result in adjudication delays.

USCIS is unable to render a decision on your constituent’s application until certain issues are resolved. USCIS is striving to resolve these issues as soon as possible. We are unable to determine at this time when the review process for the application will be completed”.

I filed in March 2019 in TSC and did my biometrics again in this February 2020.

[Jasmine22]

Hi guys,
I sent a congressional inquiry for my pending i-485 last week and my congressman sent me a reply which they got from USCIS, my understanding is not clear about what they saying? Is it a generic reply or is there any issue which needs to be resolved in my case as it stated in this response?
This was the reply as under;

“ Thank you for your inquiry on behalf of your constituent, regarding his pending Form I-485, Application to Register Permanent Residence or Adjust Status.

U.S. Citizenship and Immigration Services (USCIS) records confirm that your constituent’s case is pending at this time. USCIS is committed to adjudicating immigration benefits in a timely and efficient manner while also ensuring public safety, national security and compliance with all relevant directives. While the processing steps for most applications or petitions are completed quickly, a small percentage of cases involve unresolved issues that may result in adjudication delays.

USCIS is unable to render a decision on your constituent’s application until certain issues are resolved. USCIS is striving to resolve these issues as soon as possible. We are unable to determine at this time when the review process for the application will be completed”.

I filed in March 2019 in TSC and did my biometrics again in this February 2020.

Hey there!

So, one conclusion that I could make based on the text above is that it looks like the issues that USCIS is mentioning are issues that they might be able resolve on their side, leading to the thought that the cause of the issue is not related to you or your case.

I think that this means that they are probably experiencing delays with either background checks, software system issues, etc. Otherwise, I think they might have sent you an RFE..

Anyways, I understand your discouragement. Keep in mind this won’t last forever, and stay positive!

[mmbt]

I got my EAD approval for another year. I'm guessing my GC won't be coming any time soon, haha.

[luckycharm4111]

I got my EAD approval for another year. I'm guessing my GC won't be coming any time soon, haha.

Congrats, I am happy for your EAD.

I am sad at the same time that your GC won't be decided anytime soon.

My husband is in the same situation like you. Its been more than a month and he got 1 year EAD too with A05 category.

Is your EAD also same category?

[mmbt]

Congrats, I am happy for your EAD.

I am sad at the same time that your GC won't be decided anytime soon.

My husband is in the same situation like you. Its been more than a month and he got 1 year EAD too with A05 category.

Is your EAD also same category?

Yes, with A05! When I was filling the form in the instructions said that even if you have a pending AOS application you should still request a renewal with your asylum category, which is A05. Nothing else we can do but wait. Hopefully we will get our GC before the EAD expires again, so we don't have to pay the $400.