Asylum Based i-485

[Asyleeasylee]

I think it depends on states policy for how long DL lasts. I’m in Washington and renewed it few months ago for 5 years. I had nothing else other than i94 and work permit. The work permit was about to expire though..

That’s correct.
NJ passed a law in early 2021 allowing undocumented immigrants to have DL,
some States give 4-5 years, while NJ is still giving one year..

[Asyleeasylee]

Guys my case is from May 2019 and some how i was able to put a service request. If any one you are in the same situation please put service request today

Hi
Do you think it will help? My experience in the past for other applications did not work at all(I always receive your case is within processing time)...

did you get any reply from USCIS for your inquiry?

[Zidane]

Hi
Do you think it will help? My experience in the past for other applications did not work at all(I always receive your case is within processing time)...

did you get any reply from USCIS for your inquiry?

If you select I-485 as Refugee instead Asylee, the inquiry will go through. I've done it before. But I always get the same answer, "we are not able to provide an estimate date for response".

[flando]

They changed New jersey and New York filing location for asylees from TX to Chicago IL,I think they are trying to solve the backlog

I wrote about this before.

The short answer - No.

They switched filling location to avoid delays in issuing receipts, not processing cases.

Chicago has no service centers, the lockbox does not process any case. They are sent to service centers for initial processing.

Only TSC and NSC process asylum cases.

After initial receipt, case file is transferred to TSC (if you are in NY/NJ/PA etc). Then if needed case is transferred to your local office for an interview.

[flando]

Good luck for him/her when they will apply for their citizenship...

I’m always amazed by people like this.

We live in a land of rule of law. Not mainland China.

On what basis will this person, and many others, facing troubles during naturalization?

As a LPR, under current law, there is no restrictions on travel nor travel document used. Very importantly for example, LPRs, unlike asylee, do not need to meet the definition of a refugee and they won’t lose status in case of a change in country condition.

USCIS cannot just randomly deny your application. Unless there are other issues such as crime or fraud, they will face no issues at naturalization.

[Asyleeasylee]

I’m always amazed by people like this.

We live in a land of rule of law. Not mainland China.

On what basis will this person, and many others, facing troubles during naturalization?

As a LPR, under current law, there is no restrictions on travel nor travel document used. Very importantly for example, LPRs, unlike asylee, do not need to meet the definition of a refugee and they won’t lose status in case of a change in country condition.

USCIS cannot just randomly deny your application. Unless there are other issues such as crime or fraud, they will face no issues at naturalization.

I believe everyone is an adult and they know what’s the best for themselves.
just to refer to this statement from DHS website

Quote:
“Refugee travel documents are necessary for such individuals to travel outside and legally reenter the United States because maintaining asylum and refugee status prohibits an individual from using a passport issued by the country from which the individual has been granted protection.”
Unquoted.

The above quoted from the DHS website.

[flando]

I believe everyone is an adult and they know what’s the best for themselves.
just to refer to this statement from DHS website

Quote:
“Refugee travel documents are necessary for such individuals to travel outside and legally reenter the United States because maintaining asylum and refugee status prohibits an individual from using a passport issued by the country from which the individual has been granted protection.”
Unquoted.

The above quoted from the DHS website.

You appear to be quoting "RECOMMENDATION FROM THE CIS OMBUDSMAN TO THE DIRECTOR, USCIS".

First of all, this is just a policy recommendation document from the CIS Ombudsman, which bears no official meaning (i.e. not providing any practical advice for applicants nor guidance for adjudication) nor has any impact on how USCIS do business. It's nothing, basically.

This sentence is half true and misleading.

1, "Such individuals" are not correct reference considering the context. LPRs do not need refugee travel document as suggested here. because -
2. LPRs lost their asylum and refugee status once they adjust their status.

Your piece of "evidence" bears nothing in court, it is neither a policy nor a precedent.

Board of Immigration Appeals, whose decision is binding for USCIS, clearly says so in its ruling (which is basically saying LPRs lost their asylum status when they adjust status).

'As the Fourth Circuit noted, an asylee who adjusts status under section 209(b) obtains significant benefits, including ... and “the right to travel outside of the United States without the advance permission of a refugee travel document.”'

https://www.justice.gov/eoir/page/file/986401/download

In law, you don't come closer than this. It's a closed case. USCIS simply CANNOT deny you benefits ONLY based on the fact that you used your passport after you get your green card.

[lordofmovers]

You appear to be quoting "RECOMMENDATION FROM THE CIS OMBUDSMAN TO THE DIRECTOR, USCIS".

First of all, this is just a policy recommendation document from the CIS Ombudsman, which bears no official meaning (i.e. not providing any practical advice for applicants nor guidance for adjudication) nor has any impact on how USCIS do business. It's nothing, basically.

This sentence is half true and misleading.

1, "Such individuals" are not correct reference considering the context. LPRs do not need refugee travel document as suggested here. because -
2. LPRs lost their asylum and refugee status once they adjust their status.

Your piece of "evidence" bears nothing in court, it is neither a policy nor a precedent.

Board of Immigration Appeals, whose decision is binding for USCIS, clearly says so in its ruling (which is basically saying LPRs lost their asylum status when they adjust status).

'As the Fourth Circuit noted, an asylee who adjusts status under section 209(b) obtains significant benefits, including ... and “the right to travel outside of the United States without the advance permission of a refugee travel document.”'


In law, you don't come closer than this. It's a closed case. USCIS simply CANNOT deny you benefits ONLY based on the fact that you used your passport after you get your green card.

how about travel after get LPR status to home country?

[flando]

how about travel after get LPR status to home country?

From a legal stand point, you are free to travel to home country after get LPR status.

However, there is an important issue you have to weight in maybe with your attorney - fraud.

Let's say you claim when you apply for asylum that your country's government and border control want to arrest you, the fact that you can go back and leave safely cast doubt into that.

Or you claim you don't have a passport while you do have one.

Also some CBP officers are not familiar with the law and might question you for why you were able to go back to home country.

However, if you did not withheld nor fabricate information in your asylum application, you should be fine. It is very difficult for USCIS to prove there is fraud simply because you went back and not got arrested.

[hawkeye000]

how about travel after get LPR status to home country?

My friend traveled to his home country and came back without any problem but I don't know if that will affect his citizenship application

[Nat324]

Can a derivative asylee with LPR go to his home country of use national passport?

[Prince Ali]

Does anyone here ever tried Writ of Mandamus against USCIS delays?
Any experienced opinion?

[Sahil728]

Does anyone here ever tried Writ of Mandamus against USCIS delays?
Any experienced opinion?

I have seen people here talking about this. And yes also read a lot about success rate of approval after suing USCIS. But also it can be also expensive as you have to get a specialized lawyer who does that and he can charge dollars on nickels. Your choice

[flando]

Can a derivative asylee with LPR go to his home country of use national passport?

** NOT legal advise **

Generally it's fine.

Unless the principle claimed the home country knew about him/her and the spouse, in which case you might have casted doubt in your story. But even in that situation you might have situations that can explain why the spouse can go back and return safely.

Another thing is some countries, like Mainland China, has strict entry/exit control. You might have a real risk of being arrested, or questioned because they can see how you get your green card.

[Adugenet]

Hi All, Question for those of you who went through the I-485(adjustment of status) interview. Do the officer go over the i-589 (application for asylum) during this interview? Or is it just some routine questions?

Not really. But might ask you the manner you entered the country - If you have lied when you applied for a non immigrant visa when you first come to the country. Other than that he will ask you basic biographical information you filled on the form. Name, date of birth, country etc... They will also ask you if you have criminal convictions, your job, where and with whom you live. Don’t ever try to lie to the officer as he already have your information from different sources. Good luck !