Asylum Based i-485

[MrAnonymous]

Why is it taking 3 months for USCIS to make a decision after I sent my RFE. I sent my RFE 3 months ago and still haven't gotten a decision.

[Lucky_]

Why is it taking 3 months for USCIS to make a decision after I sent my RFE. I sent my RFE 3 months ago and still haven't gotten a decision.

Mine took 6 months to have decision. Hopefully soon there will be a good news for you

[flando]

To those who want to improve the asylum process, please use the following opportunity to share feedbacks with USCIS.

U.S. Citizenship and Immigration Services (USCIS) invites you to participate in an asylum program quarterly stakeholder engagement on Thursday, Oct. 6 from 2 -3 p.m. Eastern.

During the first part of the engagement, USCIS will share updates on the asylum program since the last quarterly meeting. We will then hold a listening session to hear comments and feedback from stakeholders. We will not address case-specific questions, questions outside the scope of the engagement, or issues under active litigation or likely to be litigated. We are committed to public engagement, and sessions like this provide valuable feedback as we work to improve our programs.

If you would like to submit a question in advance, please send your question to the Public Engagement mailbox at [email protected] with the subject line “Question: Asylum Quarterly Oct 6” by Friday, Sept. 9.

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To Register: 1. Visit our registration page. 2. You will be asked to provide your email address and select “Submit.” 3. On the next screen, you will see a notification that you successfully subscribed to this event.

[flando]

For those complaining why USCIS is taking so long to process your case after RFE -

One simple reason - there are people in the line way before you do and who need green cards more than almost every single one of you.

for example, USCIS is prioritizing the adjudication of employment based green cards many of the applicants have waited for decades without flexible employment authorization.

So stop complaining for couple of months of delay while you enjoy full employment authorization.

Just, stop. It's those immigrants who paid for your asylum process and subsidized for your travel documents.

They deserve to have their cases adjudicated.

[MrAnonymous]

Mine took 6 months to have decision. Hopefully soon there will be a good news for you

Which field office processed your case ?

[Lucky_]

which field office processed your case ?

tsc

[waitingGC]

To those who want to improve the asylum process, please use the following opportunity to share feedbacks with USCIS.

U.S. Citizenship and Immigration Services (USCIS) invites you to participate in an asylum program quarterly stakeholder engagement on Thursday, Oct. 6 from 2 -3 p.m. Eastern.

During the first part of the engagement, USCIS will share updates on the asylum program since the last quarterly meeting. We will then hold a listening session to hear comments and feedback from stakeholders. We will not address case-specific questions, questions outside the scope of the engagement, or issues under active litigation or likely to be litigated. We are committed to public engagement, and sessions like this provide valuable feedback as we work to improve our programs.

If you would like to submit a question in advance, please send your question to the Public Engagement mailbox at [email protected] with the subject line “Question: Asylum Quarterly Oct 6” by Friday, Sept. 9.

---

To Register: 1. Visit our registration page. 2. You will be asked to provide your email address and select “Submit.” 3. On the next screen, you will see a notification that you successfully subscribed to this event.

Thanks for posting.

A question: does this represent an opportunity to ask USCIS for an official answer to the question: can a LPR based on asylum use their national passport to travel to a third country (not his home country) without any future negative impact on their US citizenship application process? So far, I have not found any official answer to this question.

Thanks

[flando]

Thanks for posting.

A question: does this represent an opportunity to ask USCIS for an official answer to the question: can a LPR based on asylum use their national passport to travel to a third country (not his home country) without any future negative impact on their US citizenship application process? So far, I have not found any official answer to this question.

Thanks

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.

[Shohan]

Hello guys!

I was granted asylum on 2018 , then applied for i485 on july 2020, my cases transferred from office to office till it reached texas office on march 2021

On march 2022 they send my dependent who are under my case the PR
but they didn't sent me mine and my status still showing that my case moved to Texas office on March 2021!!

Is this normal to issue PR for dependent before the main applicant?

Thanks!

[flando]

Hello guys!

I was granted asylum on 2018 , then applied for i485 on july 2020, my cases transferred from office to office till it reached texas office on march 2021

On march 2022 they send my dependent who are under my case the PR
but they didn't sent me mine and my status still showing that my case moved to Texas office on March 2021!!

Is this normal to issue PR for dependent before the main applicant?

Thanks!

"Normal" does not work in immigration because each case is unique.

There are cases things like this happen when they maybe assign cases to different officers.

Nothing to worry too much about yet, though chances are you will need a new medical.

Also there is nothing much you can do other than wait and submit case inquery once the date passed posted processing times.

[Lucky_]

Hello guys!

I was granted asylum on 2018 , then applied for i485 on july 2020, my cases transferred from office to office till it reached texas office on march 2021

On march 2022 they send my dependent who are under my case the PR
but they didn't sent me mine and my status still showing that my case moved to Texas office on March 2021!!

Is this normal to issue PR for dependent before the main applicant?

Thanks!

I went through this , There's nothing to worry about , It's kind a normal practice . GC for our minor kids were also issued before they made decision on my case with my wife. Later with the 6 months wait time we too received our Cards. Hopefully sooner there will be a good news for you too!!!

[sweetsuchino]

It’s almost like USCIS forgot about some ppl, especially those that sent their filings to Texas in 2019 and early 2020. Some of the cases were even transferred to NBC for so called faster processing, yet, no decision for several months. It’s so painful to see ppl who filed way after you getting their cases processed and approved… And what’s worse, there’s nothing you can do, you can’t even contact them and be taken seriously cos it’s not been up to the 40 /44months yet. Some are getting approved in 12, 18, 22 months while others have to wait the whole 40/44 months to be listened to, it is so so unfair.

[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.

[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]

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.