Asylum Based i-485

[asylum818]

I am principal Asylum and my wife is Derivative, We filed our I-485(change of Status) in January 2019, and our cases transfer from Texas to Nebraska in December 2021. We got RFE(medical exam) at the end of January and sent the response on 20-21 February. my wife's case was approved around March 23th and her Greencard is on her hand but my case does not change after the system shows 'we received your response for form i485...' do you have any recommendations for me?

hello omid
did you got ur green card? or any updates
im in the exact same situation as u
i wish i had ur email address

[omid180]

Did your status changed online? Did you already get your green card ?

No, my status do not change yet, I sent a request around 2 weeks ago and the agent said normally USCIS will response around one month about the case

[Asylee0220]

Did your status changed online? Did you already get your green card ?

I am principal Asylum and my wife is Derivative, We filed our I-485(change of Status) in January 2019, and our cases transfer from Texas to Nebraska in December 2021. We got RFE(medical exam) at the end of January and sent the response on 20-21 February. my wife's case was approved around March 23th and her Greencard is on her hand but my case does not change after the system shows 'we received your response for form i485...' do you have any recommendations for me?

[flando]

Congrats again! Is your zip code subject to the field office of San Bernardino? I heard that is the fastest in the LA area

Fast and slow are all irrelevant nor helpful.

You never know how fast your case will be processed nor will you had a choice which office process your case.

Just forget about it and wait (or sue DHS). Nothing you can do.

[Jimmyin]

Hi guys!
Finally received my green card today
my timeline
2019 October applied for an asylum
2020 March interview for an asylum
2020 May white card
2021 May applied for a I-485 green card
2021 June 14th Case was updated to show fingerprints taken
2022- May 6th a new card was mailed to me!
2022- May 10th card was delivered to me by the post office
Hope everybody will get their card very soon!!!

Congrats again! Is your zip code subject to the field office of San Bernardino? I heard that is the fastest in the LA area

[flando]

Thanks for your input flando. I understand your point and agree with you that upon becoming a LPR, an alien loses their asylee status. I also agree with you that there is no official source (from USCIS, DOJ or other governmental agency) saying that an alien with previous asylum status cannot travel with their national passport. But I did find those sources below that mention the issue of reavailamnet that can arise by renewing the passport. NOTE - they only mention renewing the passport and traveling to the country of origin but they do not mention anything regarding simply traveling to a third country with a national passport.
.
1 - Adjudicator's field manual (USCIS) - https://www.uscis.gov/sites/default/...3-external.pdf - "In the absence of proof to the contrary, a refugee who applies for and obtains a national passport or its renewal will be presumed to have intended to re-avail or return to the protection of the country of persecution. However, obtaining other documents, such as birth or marriage records, cannot be regarded as re-availment of protection. Some countries may issue passports without intending any protection to the recipient."

2 - USCIS -Fact sheet -https://www.uscis.gov/sites/default/...nformation.pdf - "Accordingly, an asylee or a lawful permanent resident who obtained such status based on a grant of asylum status may be questioned about why he or she was able to return to the country of claimed persecution and, in some circumstances, may be subject to proceedings to terminate asylum status".

Also, the form I-131 (Application for Travel Document) specifically asks questions like if the applicant has renewed the passport or obtained another benefit from the home country or if he/she intends to travel back to their country.

Trust me, I have my national passport valid for many years and do not need to renew and really want to feel comfortable knowing that I can use it to travel to a third country without risking my status here or causing future issues during the naturalization process.

I have to point out the issues in the doc you referenced:

The 1) document, as i said, the case law specifically pointed out you are NO LONGER A REFUGEE (i.e. your asylum status was terminated) when you adjudicate into LPR status. so this document has no effect whatsoever to LPR.

Similarly, 2) document is outdated and even if it's up to date, it has ZERO legal effect. It's neither a agency policy nor case law. The ruling I referenced not only is more up to date, but also is legally binding to USCIS. And as I pointed out in the last paragraph, the 2) document is completely wrong because they cannot "underlying asylum status may be terminated even if the individual has already become a lawful permanent resident." as the BIA ruling specifically pointed out applicant lost underlying asylum status once they adjudicated into LPR and thus INA § 208(c)(2) no longer applies to you.

[araidos]

Hi guys!
Finally received my green card today
my timeline
2019 October applied for an asylum
2020 March interview for an asylum
2020 May white card
2021 May applied for a I-485 green card
2021 June 14th Case was updated to show fingerprints taken
2022- May 6th a new card was mailed to me!
2022- May 10th card was delivered to me by the post office
Hope everybody will get their card very soon!!!

[waitingGC]

Come on dude. You cannot be serious.

We live in a county of rule of law. You tell me which law said LPR based on asylum cannot use their passport????? Which law??????

Like I said, there is no dispute.

Any lawyer said otherwise is incompetent.

There is clear case law that is binding to USCIS that says you can travel with your passport.

I have said multiple times.

Please read this opinion from BIA. Look at page 77

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

"an asylee who adjusts status under section 209(b) obtains significant benefits, including “a direct path to naturalized citizenship,” a better chance for his or her family to obtain lawful permanent residence, and “the right to travel outside of the United States without the advance permission of a refugee travel document.”"

What's amazing about this opinion is that it not only said you can travel using your passport, it also said that your asylum status is terminated when you become LPR. that means you don't have to be a refugee anymore, and any termination ground (i.e. using your home country passport) is gone.

Thanks for your input flando. I understand your point and agree with you that upon becoming a LPR, an alien loses their asylee status. I also agree with you that there is no official source (from USCIS, DOJ or other governmental agency) saying that an alien with previous asylum status cannot travel with their national passport. But I did find those sources below that mention the issue of reavailamnet that can arise by renewing the passport. NOTE - they only mention renewing the passport and traveling to the country of origin but they do not mention anything regarding simply traveling to a third country with a national passport.
.
1 - Adjudicator's field manual (USCIS) - https://www.uscis.gov/sites/default/...3-external.pdf - "In the absence of proof to the contrary, a refugee who applies for and obtains a national passport or its renewal will be presumed to have intended to re-avail or return to the protection of the country of persecution. However, obtaining other documents, such as birth or marriage records, cannot be regarded as re-availment of protection. Some countries may issue passports without intending any protection to the recipient."

2 - USCIS -Fact sheet -https://www.uscis.gov/sites/default/...nformation.pdf - "Accordingly, an asylee or a lawful permanent resident who obtained such status based on a grant of asylum status may be questioned about why he or she was able to return to the country of claimed persecution and, in some circumstances, may be subject to proceedings to terminate asylum status".

Also, the form I-131 (Application for Travel Document) specifically asks questions like if the applicant has renewed the passport or obtained another benefit from the home country or if he/she intends to travel back to their country.

Trust me, I have my national passport valid for many years and do not need to renew and really want to feel comfortable knowing that I can use it to travel to a third country without risking my status here or causing future issues during the naturalization process.

[asylum818]

After you getting your green card, as of now, you should not have any issues either traveling back or getting home county passport. Because you are no longer a refugee and they simply cannot terminate your status because you traveled back and get passport.

However, depends on what you told during your asylum case and the nature of your trip, they might accuse you of fraud for the asylum case itself.

For example, if you claim the embassy people know you (many Chinese claim as such) and you somehow can renewal your passport, it raises concern about your claim.

that said, this is extremely difficult for USCIS to prove. and in most cases, a short trip back home does not imply an immediate danger, especially if you are not high profile person.

My personal opinion is that the risk is very low that you will face any issues. They might ask you about it, but as long as you are being honest and consistent throughout your immigration case, you should be fine.

Though if you are close to naturalization, you might want just wait a bit just in case it cause any delay in naturalization (but like I said, chances are extremely low they will deny your case unless you lied in your case)

Totally agreed with u

[flando]

Flando,

Thank you so much for your support here. That’s really helpful to us. I want to hear your opinion about my situation. My home country passport expired 2/2018 and my aslum granted on 3/2018. I haven’t renewed my home country passport for 4 years. I got my green card this year. I have anxiety and always thinking what will I do if something happens my family in my country. I even can’t go there if i lose anyone because I cant enter my home country with refugee travel documents. I’m thinking of renewing my home country passport for emergency situations. I’ll take risk and go to my home country if something happens my family there. What about if I renew my home country passport and never use it. I want to keep it to feel better. Do you think that will be problem at naturalization process?note: I’ll not go to my home country, I’ll just renew the passport and keep it for emergency situations. Thank you

After you getting your green card, as of now, you should not have any issues either traveling back or getting home county passport. Because you are no longer a refugee and they simply cannot terminate your status because you traveled back and get passport.

However, depends on what you told during your asylum case and the nature of your trip, they might accuse you of fraud for the asylum case itself.

For example, if you claim the embassy people know you (many Chinese claim as such) and you somehow can renewal your passport, it raises concern about your claim.

that said, this is extremely difficult for USCIS to prove. and in most cases, a short trip back home does not imply an immediate danger, especially if you are not high profile person.

My personal opinion is that the risk is very low that you will face any issues. They might ask you about it, but as long as you are being honest and consistent throughout your immigration case, you should be fine.

Though if you are close to naturalization, you might want just wait a bit just in case it cause any delay in naturalization (but like I said, chances are extremely low they will deny your case unless you lied in your case)

[27march]

Come on dude. You cannot be serious.

We live in a county of rule of law. You tell me which law said LPR based on asylum cannot use their passport????? Which law??????

Like I said, there is no dispute.

Any lawyer said otherwise is incompetent.

There is clear case law that is binding to USCIS that says you can travel with your passport.

I have said multiple times.

Please read this opinion from BIA. Look at page 77

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

"an asylee who adjusts status under section 209(b) obtains significant benefits, including “a direct path to naturalized citizenship,” a better chance for his or her family to obtain lawful permanent residence, and “the right to travel outside of the United States without the advance permission of a refugee travel document.”"

What's amazing about this opinion is that it not only said you can travel using your passport, it also said that your asylum status is terminated when you become LPR. that means you don't have to be a refugee anymore, and any termination ground (i.e. using your home country passport) is gone.

Flando,

Thank you so much for your support here. That’s really helpful to us. I want to hear your opinion about my situation. My home country passport expired 2/2018 and my aslum granted on 3/2018. I haven’t renewed my home country passport for 4 years. I got my green card this year. I have anxiety and always thinking what will I do if something happens my family in my country. I even can’t go there if i lose anyone because I cant enter my home country with refugee travel documents. I’m thinking of renewing my home country passport for emergency situations. I’ll take risk and go to my home country if something happens my family there. What about if I renew my home country passport and never use it. I want to keep it to feel better. Do you think that will be problem at naturalization process?note: I’ll not go to my home country, I’ll just renew the passport and keep it for emergency situations. Thank you

[flando]

I meant hiring more officers

and just to be crystal clear, they are hiring as many officers as they can afford.

There has always been staffing plans for the asylum division.

Asylum cases, rightly so, are some of the most complicated cases USCIS handle.

Out of a free service paid by all other immigrants, what you expect?? USCIS do nothing but processing asylum claims????

[flando]

I agree with you on that and there are too many people applying for refugee, but maybe then uscis needs to do something about it? Maybe like hire more people since there are too many people waiting, and as for it’s free I totally understand if they start requesting like $500 per person if it makes the process faster

Those officers are not free.

and you don't pay even a penny to apply for asylum.

and those officers go to the borders to conduct reasonable fear interviews too.

USCIS is an agency that is fee-funded by the rest of the applicants.

they don't have unlimited amount of money to spend on resources that brings zero revenue.

If you want change, propose they charge the full fee for asylum claim, most likely in the range of $2000-3000.

I would support a premium processing of charging $3500 to have your asylum case interviewed within 30 days.

[araidos]

I meant hiring more officers

[araidos]

I agree with you on that and there are too many people applying for refugee, but maybe then uscis needs to do something about it? Maybe like hire more people since there are too many people waiting, and as for it’s free I totally understand if they start requesting like $500 per person if it makes the process faster