Asylum Based i-485

[xtovar]

Hello!!

Does anybody knows what's the timeline for NBC? My application has been on fingerprints taken since may 2021.

Hopefully, it won't take much longer.

Thank you

Hi, guys!!

This past Friday I received my Green Card in the mail.

I just wanted to give you a timeline for the people who are still waiting

Applied for Asylum: June 12, 2019
Interview: July 24, 2019
Recommended for Approval: August 14, 2019
Asylum Approval: November 27, 2019
Adjustment of Status: March 30, 2021
Fingerprints Updated: May 10, 2021
Green Card Approval: August 29, 2022

Good luck!!

[flando]

Hi friends,
I am principal applicants… My family’s coming to USA as a derivative Asylee. Now, they have to apply green card but they have only stamps in passport and no i94 online too for Asylee. I94 is necessary for my family or not for i485 application? Your advice would be appreciated as per your experience.

They should be able to retrieve I-94 online using passport info, not sure what you mean by "no i94 online".

The primary asylee should also have a copy of the I-730 approval which should suffice for I-485.

[Himalaya]

Hi friends,
I am principal applicants… My family’s coming to USA as a derivative Asylee. Now, they have to apply green card but they have only stamps in passport and no i94 online too for Asylee. I94 is necessary for my family or not for i485 application? Your advice would be appreciated as per your experience.

[flando]

Flando, thank you for answering so fast. Do you think waisting time with phone calls - is not helpful? And do you know how much $$$ it can cost? And any good lawer? Thank you

Phone calls are generally speaking, not helpful. The reps create the same inquery vs what you can do self-serve.

The cost varie, from ~2k to few thousands.

Attorney wise shouldn't matter much as it's a boiler plate kind of thing.

However you can talk to them first and see if you are happy with them

[GCsick]

Thanks Flando.
I appreciate you. i feel relief now.
thank again.

[Ivan1990]

Flando, thank you for answering so fast. Do you think waisting time with phone calls - is not helpful? And do you know how much $$$ it can cost? And any good lawer? Thank you

[flando]

Hi Flando. Please give me advice. I have been waiting 43 months. What if they change the time on the website from 40,5 to 50 months? Right now, it says that I can complain only in December. My mental health can't handle this anymore.

In that case the only thing I would recommend is wait a bit longer around end of the year time, if no updates, file a law suit (or if you don't mind the $$$, file now).

[maratathi]

I have also been waiting for 41 months. I filed April 2019 & nothing. My husband who is my dependent in the case filed September 2020 & got his PR in April 2022.

[Ivan1990]

Hi Flando. Please give me advice. I have been waiting 43 months. What if they change the time on the website from 40,5 to 50 months? Right now, it says that I can complain only in December. My mental health can't handle this anymore.

[flando]

Hi Gurus,
I am principal applicant. my spouse's case was approved on 1st Sep 2022. We filed I-485 firm on 4th Jan 2021.
is it normal ? if it is normal, how long take to approve my case ?
thanks.

1. It's normal
2. Nobody knows. But generally, within the next 6 months or so.

[GCsick]

Hi Gurus,
I am principal applicant. my spouse's case was approved on 1st Sep 2022. We filed I-485 firm on 4th Jan 2021.
is it normal ? if it is normal, how long take to approve my case ?
thanks.

[GCsick]

Hi, My status does not change yet. As I wrote before, I sent a request for my case status and may be they will answer my quote until May 27th!

Hi Omid,
did you get your GC ? if Yes. When you got ?

[flando]

Thanks for the reply Flando. I understand that the EOIR memo clearly says that an asylee, once becoming an LPR, does not need the Refugee Travel Document to travel outside the US. That is very clear as you pointed out! But it does not say that an LPR based on asylum can travel using their passport. We may infer that but it is not officially noted and that is what I meant by "have not found an official answer".

I also agree with you but I just cannot understand why so many lawyers (many BTW!!!) still advise against travelling with their national passport. If you visit Avvo you will see many lawyers telling asylum-based LPR people to travel using the RTD only. I don't understand the basis for that neither where that comes from!

Thanks

AAVO is nothing but scam.

They don't know what they are talking about.

You don't need their permission to use your passport unless the law specifically bans you doing so, such as when you are refugee and the law says you have to apply permission in the form of a RTD.

That said, advising you not to use national passport is always a safer bet, though not necessarily makes that much of a difference unless you are in special situation.

[waitingGC]

Sigh. Honestly it's frustrating to hear you say "So far, I have not found any official answer to this question.". I have said countless times, federal court has ruled [1] (binding for the states under the court's juristriction) and EOIR affirmed [2] (binding for USCIS) that asylee's asylum status was terminated when becoming LPR and specifically they can travel without a RTD.

This stupid question is well settled without any shadow of doubt.

Let me say that once again - "You can travel with your passport after becoming LPR without issues as you are NO LONGER ASYLEE, provided your passport itself does not contradict what you have told USCIS (for example, you told USCIS you don't have passport but you do)".

I really don't know what you mean by that sentence.

Also your question - nobody can guarantee "without ANY future negative impact". Everyone's situation is different and there is no blanket guarantee for all cases. that said, because of the rulings, what's clear is almost everyone should face no issues at all esp. if their passports were issued before asylum grant. (i.e. not renewed when they are in asylum status). Also - do not lie to USCIS about your passport status.

I couldn't wrap my head around why you don't understand nor believe what's in the law. The whole question of using passport by asylee actually originate from INA's termination clause for ASYLEE/REFUGEE [3]. After become LPR, those clause no longer apply to you (while lying to USCIS still applies as it does for ALL LPRs and even naturalized US Citizens. they can terminate your status and revoke your citizenship if you lied materially).

All these being said, feel free to ask that question to the email address provided above, and join the call. Generally speaking they will have a list of questions and USCIS asylum division representative (used to be the director or something) will be answering.


[2] https://www.justice.gov/eoir/page/file/986401/download
[3] https://uscode.house.gov/view.xhtml?...edition=prelim (c)(2) Termination of Asylum (D) the alien has voluntarily availed himself or herself of the protection of the alien's country of nationality, among other things such as lying on material fact.

Thanks for the reply Flando. I understand that the EOIR memo clearly says that an asylee, once becoming an LPR, does not need the Refugee Travel Document to travel outside the US. That is very clear as you pointed out! But it does not say that an LPR based on asylum can travel using their passport. We may infer that but it is not officially noted and that is what I meant by "have not found an official answer".

I also agree with you but I just cannot understand why so many lawyers (many BTW!!!) still advise against travelling with their national passport. If you visit Avvo you will see many lawyers telling asylum-based LPR people to travel using the RTD only. I don't understand the basis for that neither where that comes from!

Thanks

[flando]

What will happen if I get a passport from my home country after receiving my LPR? Would it cause any problems during my naturalization?

No, as long as you did not lie to USCIS and it does not contradict your asylum claim.

for example, some claim that their country's embassy knew them and put them on some sort of "blacklist". Obviously you will have problems if you get a passport in that case.