Asylum Based i-485

[flando]

hello. I submitted the form for a work permit after submitting i589. I made a mistake and submitted two days earlier. My hours of 150 days ended on 08/01/2020. 08.25.2020 I have to wait 365 days now to submit a new I765 application. Why the laws are so unfair. Because everyone has the right to make a mistake. Why can't the migration service renew my case I 765. I and my family have nothing to eat and nowhere to live. I ran away from my country to live under a bridge in this great country? please give an answer

Please take responsibility for your own action.
It is you that submitted the forms early, not USCIS's fault.
I urge people to take immigration requests seriously and consult legal resources if needed.
There are a lot of pro bono lawyers and NGOs can help you answering common questions and assist with your forms.

[harmony15]

Transferred to Nebraska on 12/26/2019, as I said they never touch I 485 in TSC, only if you are lucky we get you case transferred to Nebraska.

Where do you get that information? May you please share. Thanks!

[harmony15]

From mobile app u can check 500 cases at a time

What's the name of the mobile app? Thanks

[Sahil728]

What's the name of the mobile app? Thanks

Case Tracker

[GM1985]

I had filed for my I-485 at TSC in November 2018 and my status has been "Fingerprints fee received" from the last 2 years. Surprisingly I got my Biometrics appointment this week, I am not being too optimistic but at least they finally touched my case. It really is frustrating to wait for Greencard for years, which should have been available within 4 months on normal circumstances. It's a clear robbery of our time for Citizenship application, I have brought this point before as well. It is only fair if we get our lost time counted towards Citizenship filing but hey who Am I to decide

LETS ALL GET TOGETHER AND SUE THEM ... this wait time should at least count towards our citizenship...
The USA signed the 1951 Convention and its 1967 Protocol where Signatory States are expected to cooperate with UNHCR in ensuring that the rights of refugees as defined in the Convention are respected and protected. These include: “Article 34 Naturalization : The Contracting States shall as far as possible facilitate the assimilation and naturalization of refugees. They shall in particular make every effort to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings”.
And since getting Permanent residence status is the path for us to become a US Citizen ..they are breaking such promise withy the UNHCR , AND THE 1951 Convention and its 1967 Protocol

it should at least count towards our citizenship

[monalesaaa]

any lawyer here that can help us to count these years towards citizenship?

[Jasmine22]

any lawyer here that can help us to count these years towards citizenship?

You may always talk to AILA - American Immigration Lawyers Association.

They are always eager to help!

[gunmeikaz]

LETS ALL GET TOGETHER AND SUE THEM ... this wait time should at least count towards our citizenship...
The USA signed the 1951 Convention and its 1967 Protocol where Signatory States are expected to cooperate with UNHCR in ensuring that the rights of refugees as defined in the Convention are respected and protected. These include: “Article 34 Naturalization : The Contracting States shall as far as possible facilitate the assimilation and naturalization of refugees. They shall in particular make every effort to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings”.
And since getting Permanent residence status is the path for us to become a US Citizen ..they are breaking such promise withy the UNHCR , AND THE 1951 Convention and its 1967 Protocol

it should at least count towards our citizenship

How are you going to sue them? Processing time is up to 31 month, if there is no movement after that, then probably we can do something.

Funny thing, I submitted e-request to USCIS and they acknowledged that my case is outside of standard processing time and said they still don't have any ETA. After that they rolled back time and I submitted request to ombudsman and they got back saying that case is still within standard processing time (because time was moved), once it will be outside we can talk.

24 months of waiting now. TSC

[GM1985]

Check that link .. Some people has done it... i did it before. I sued them after 1 year from my asylum interview I didn’t get an answer .. within a month after i sue them they approved my application... but i said everyone who is waiting more than 7 months should join us... The USA signed the 1951 Refugee Convention, and it is our right to get documentation and for the goverment to facilitate our path to citizenship, Not being forgotten for years waiting on our green cards.

[Trinity01]

Check that link .. Some people has done it... i did it before. I sued them after 1 year from my asylum interview I didn’t get an answer .. within a month after i sue them they approved my application... but i said everyone who is waiting more than 7 months should join us... The USA signed the 1951 Refugee Convention, and it is our right to get documentation and for the goverment to facilitate our path to citizenship, Not being forgotten for years waiting on our green cards.

when did you sue them? and if you did why you said "LETS ALL GET TOGETHER AND SUE THEM" in the message before?

[GM1985]

It is called WRIT OF MANDAMUS:

In some cases, it may be appropriate to file a lawsuit against the USCIS and other government agencies. There is a law known as the Administrative Procedures Act (5 U.S.C. §500 et seq, the “APA”). Among other things, it says that when an agency (such as USCIS) is given a task to do by Congress, it has to do it, and within a reasonable time. Now, what is considered a “reasonable time” is of course subject to interpretation. Every case is different, and only an experienced attorney has the professional judgment to say it one way or the other.

Assuming the delay is unreasonable, the APA does give you the right to file a lawsuit. Typically in these lawsuits, you sue the Secretary of the Department of Homeland Security, the USCIS Director, the district director of the field office your case is pending in, (sometimes) the director of the main USCIS Service Center, and quite possibly, the FBI (especially in security check delay situations.) The lawsuit itself is known as a WRIT OF MANDAMUS : a request to the Court to force (mandate) a government agency to do something. In this case, you are asking the Court to tell USCIS to make a decision.

I think they should have a different faster path for asylees , refugees and humanitarian cases. because of this:

The USA signed the 1951 Convention and its 1967 Protocol where Signatory States are expected to cooperate with UNHCR in ensuring that the rights of refugees as defined in the Convention are respected and protected. These include: “Article 34 Naturalization : The Contracting States shall as far as possible facilitate the assimilation and naturalization of refugees. They shall in particular make every effort to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings”.

And since getting Permanent residence status is the path for us to become a US Citizen ..they are breaking such promise, contracted when they signed THE 1951 Convention and its 1967 Protocol.

[luckycharm4111]

It is called WRIT OF MANDAMUS:

In some cases, it may be appropriate to file a lawsuit against the USCIS and other government agencies. There is a law known as the Administrative Procedures Act (5 U.S.C. §500 et seq, the “APA”). Among other things, it says that when an agency (such as USCIS) is given a task to do by Congress, it has to do it, and within a reasonable time. Now, what is considered a “reasonable time” is of course subject to interpretation. Every case is different, and only an experienced attorney has the professional judgment to say it one way or the other.

Assuming the delay is unreasonable, the APA does give you the right to file a lawsuit. Typically in these lawsuits, you sue the Secretary of the Department of Homeland Security, the USCIS Director, the district director of the field office your case is pending in, (sometimes) the director of the main USCIS Service Center, and quite possibly, the FBI (especially in security check delay situations.) The lawsuit itself is known as a WRIT OF MANDAMUS : a request to the Court to force (mandate) a government agency to do something. In this case, you are asking the Court to tell USCIS to make a decision.

I think they should have a different faster path for asylees , refugees and humanitarian cases. because of this:

The USA signed the 1951 Convention and its 1967 Protocol where Signatory States are expected to cooperate with UNHCR in ensuring that the rights of refugees as defined in the Convention are respected and protected. These include: “Article 34 Naturalization : The Contracting States shall as far as possible facilitate the assimilation and naturalization of refugees. They shall in particular make every effort to expedite naturalization proceedings and to reduce as far as possible the charges and costs of such proceedings”.

And since getting Permanent residence status is the path for us to become a US Citizen ..they are breaking such promise, contracted when they signed THE 1951 Convention and its 1967 Protocol.

Thanks for sharing it.

1951 Convention and Protocol relating to the status of Refugees. Does it mean it include Asylees ???

When we check the processing time or petition, USCIS has different form for Refugee and Asylees. Both are different petition and statuses. That's why I am confused.

I don't have much knowledge about 1951 Convention Refugees. Can you expand and explain me I would greatly appreciate.

[Asylee Expert]

Hi All,
Is it safe to travel back to US after one week travel with Asylum based GC. I have an emergency and need to travel back to my home country for one week. If there would be any problem when I come back to US, what should I expect at the port of entry? Will they revoke my green card?
please help with any experience!

Please note, my response is NOT legal advice. Asylees should understand, however, that even after obtaining legal permanent residence, they will have to use a U.S. Refugee Travel Document, Form I-571 to travel abroad. It is only after an asylee becomes a U.S. Citizen that he will be eligible for a U.S. Passport. Asylees should also understand until they obtain U.S. citizenship they CANNOT travel back to their countries. When you apply to naturalize, you will have to list all international travel after obtaining legal permanent residence the United States, and a DHS Official could re-open the asylum grant upon learning that the applicant traveled back to his/her country.

There are no circumstances that are so important that requires you to return to your home country, there is just none whatsoever, if there is, then it is quite clear you were not eligible for asylum in the first place.

- DO NOT RETURN TO THE COUNTRY FROM WHICH YOU WON ASYLUM, UNLESS YOU HAVE OBTAINED U.S. CITIZENSHIP & TRAVELLING WITH A U.S. PASSPORT!


- DO NOT TRAVEL WITH THE PASSPORT ISSUED BY THE COUNTRY FROM WHICH YOU WON ASYLUM!

Asylees who have been granted LPR status should review the warning on PAGE 2 of the instructions for the FORM 1-131 regarding VOLUNTARY RE-AVAILMENT of protection from the country of claimed persecution. This provision is NOT applicable to refugees.

Travelling with your National Passport of your homeland, you will be under the protections of your homeland and not the United States. When you travel with a U.S. Refugee Travel Document, Form I-571 you are under the protections of the United States.

[gtaid1]

Please note, my response is NOT legal advice. Asylees should understand, however, that even after obtaining legal permanent residence, they will have to use a U.S. Refugee Travel Document, Form I-571 to travel abroad. It is only after an asylee becomes a U.S. Citizen that he will be eligible for a U.S. Passport. Asylees should also understand until they obtain U.S. citizenship they CANNOT travel back to their countries. When you apply to naturalize, you will have to list all international travel after obtaining legal permanent residence the United States, and a DHS Official could re-open the asylum grant upon learning that the applicant traveled back to his/her country.

There are no circumstances that are so important that requires you to return to your home country, there is just none whatsoever, if there is, then it is quite clear you were not eligible for asylum in the first place.

- DO NOT RETURN TO THE COUNTRY FROM WHICH YOU WON ASYLUM, UNLESS YOU HAVE OBTAINED U.S. CITIZENSHIP & TRAVELLING WITH A U.S. PASSPORT!


- DO NOT TRAVEL WITH THE PASSPORT ISSUED BY THE COUNTRY FROM WHICH YOU WON ASYLUM!

Asylees who have been granted LPR status should review the warning on PAGE 2 of the instructions for the FORM 1-131 regarding VOLUNTARY RE-AVAILMENT of protection from the country of claimed persecution. This provision is NOT applicable to refugees.

Travelling with your National Passport of your homeland, you will be under the protections of your homeland and not the United States. When you travel with a U.S. Refugee Travel Document, Form I-571 you are under the protections of the United States.

I agree with this!!!!!!

DO NOT TRAVEL TO YOUR HOME COUNTRY OR USE THEIR PASSPORT UNTIL YOU BECOME US CITIZEN!

This can be enforced against you. Doesn't mean every single person who ever used home country passport or went back got into trouble but this is 2020 and Trump is in office... so don't put yourself at risk. Maybe government doesn't have enough resources to enforce every case but don't let them make an example out of you.

Honestly, I'm an asylee too and i'm very scared to use my home country passport or go back because my fear from my home country was very real. If you don't have enough fear that you think you can go back to home country and not be harmed, then your case wasn't strong enough. Lucky you got approved.

[gtaid1]

In case someone wants to know:

I filed my EAD under A5 category (not C9) while my I-485 through asylum is pending.

I did not pay any fees just included my I-485 receipt.

My case was accepted and I got receipt number.

I filed to Phoenix Lockbox with Nebraska Service Center jurisdiction - I live in California.