Asylum Based i-485

[flando]

Thanks for your answer. Does it mean my case won't end up in Nebraska or Texas? How long would you recommend to wait before suing?

Generally speaking TSC and NSC no longer processing asylee AoS for new cases.

I would say ~1 year. Government can argue with court it's a reasonable amount of time, but most cases they don't want to spend the attorney time in court but just review your application and process it if no red flags exist (like terrorism / national security concerns etc.)

[flando]

Hi! How much did your mandamus action cost?

It depends on attorney. But generally it's a boilerplate case shouldn't cost you more than few thousands.

[flando]

Suing does not necessarily make things easier at all. Litigation takes a lot of time and resources and energy and anxiety and money, and it may not even succeed. If it worked for others, it does not mean it will work for everyone. There are random, unknown, and even non-existent reasons and factors that control the decision-making on a case by case basis. While it helps to know we have options, we should remind ourselves that we're not the only people who have an immigration case with USCIS. People who are in asylum status are in a way better situation than many immigrants waiting their work-based green cards for almost a decade now. Nobody owes us anything and it helps to be reminded that we're just 1 application among probably millions. We are not special.

That's not true and is a myth.

Generally speaking the government won't bother to even put up a defense in court if you only have a simple case.

Regardless, even if they will put up a fight, the first step is always for field offices to look at your file and find out why they cannot approve it right away.

For majority of the cases USCIS will just adjudicate your case without wasting the resources.

Suing is the best way to compel USCIS making a decision.

[flando]

And disagreeing with someone doesn't make what they say a "myth." Please be more mindful and respectful when addressing others - your experience, no matter how broad or wide, does not give you any right to dismiss what someone is saying when what they are saying is based on their own personal experience, nor to qualify it as "myth" and throw absolutist terms and opinions.

Alright. If that's what you are thinking feel free to wait. That's a complete acceptable solution too.

[Loveusa99]

Hi guys
May be somebody can help me.
i get granted asylum on Sept 2019 from Immigration Judge.
So i need to call USCIS asking about new i-94? Because i confused. Someone tell me, after i get granted asylum from IJ. I need to call USCIS asking about my i-94? It’s true?

on may 4 2023, USCIS Providing Documents After Notice of Immigration Judge and BIA Decisions About Immigration Status

so it’s mean, i need to call USCIS asking new i-94?
thank you

[Himalaya]

You need to call USCIS, talk with them about i94, they will give you infopass appointment for local uscis office. They will give you had written i94 after show copy of IJ approved documents.

[Birjees2003]

And disagreeing with someone doesn't make what they say a "myth." Please be more mindful and respectful when addressing others - your experience, no matter how broad or wide, does not give you any right to dismiss what someone is saying when what they are saying is based on their own personal experience, nor to qualify it as "myth" and throw absolutist terms and opinions.

Some applicants with cases on hold under terrorism related inadmissibility grounds took USCIS to court via mandamus and USCIS handed them denials " we do not have any exemption authority for your case" thus causing thousands for no benefit, while in some cases they were approved but to my knowledge majority of cases were denied, while some filed another application through spouse and they were told your admissibility bar needs to be removed while some got approval, and in my interview I told the immigration officer that the group you have associated me with is ridiculous I have never known any one in that group and have no links by far please show me one evidence but she did not respond. The conclusion is, it is all handled by different offices and different adjudication officers, nothing is predictable if you have money you take a chance with mandamas if you are economically tight then you pray, and prayers are free, I have used this free option for 24 years and still using this option. Lol. Btw I have already spent thousands in attorneys since I moved so much from one state to other. Flando is doing his best to help he must be spending time to find answers and then to answer, our disagreements are also helpful to get other side of picture but by the end of the day this site is helpful but not a solution of our problems, it all depends on how you see it.

[hawkeye000]

We've just received a second biometric appointment notice for a child "15 years and 10 months old". First biometric was in 2019 while applying for asylum, they sent a notice that they reused our old fingerprints when we applied for GC in 2020.
Is the second notice related to processing our applications or it is automatically sent to children at a certain age?

[flando]

We've just received a second biometric appointment notice for a child "15 years and 10 months old". First biometric was in 2019 while applying for asylum, they sent a notice that they reused our old fingerprints when we applied for GC in 2020.
Is the second notice related to processing our applications or it is automatically sent to children at a certain age?

It doesn't matter to you and you don't need to care. Generally speaking it means the applicant's security check expires / is missing. In some cases it's a good sign, in other cases it means nothing.

[MrAnonymous]

Happy to announce that my GC has finally been approved. See my timeline below:

June 1, 2023 Card Was Mailed To Me
May 26, 2023 We approved your Form I-485, Application to Register Permanent Residence or Adjust Status.
May 25, 2023 We ordered your new card.
March 17, 2023 We received your correspondence for Form I-485, Application to Register Permanent Residence or Adjust Status.
February 22, 2023 We sent a request for additional evidence for your Form I-485, Application to Register Permanent Residence or Adjust Status.
May 24, 2022 We received your response for Form I-485, Application to Register Permanent Residence or Adjust Status.
February 25, 2021 We accepted the fingerprint fee for your Form I-485, Application to Register Permanent Residence or Adjust Status. Our National Benefits Center location is working on your case.

Thanks

[Tokio]

Hi everyone,

I’m new to this form and recently submitted AOS asylum based myself and just noticed I made a mistake in DOB in my birth certificate translation.

So my DOB is July 5th 1991 in my country Date of birth is going first then month so it’s 5/7/1991

But in US it’s 7/5/1991 and when I translated birth certificate I put 7/5/1991 (Bc on all my docs here it’s 7/5/1991) and just realized that underneath it was written date/moth/year in figures so I supposed to put 5/7/1991

(Just to be clear on my translation under that also DOB in words July 5th nineteen ninety one)

Do you think they will notice it?

I’m afraid they will deny the package because of this, and I’m afraid since it’s about 40 month of processing time when it’s time for them to review the application they will deny it because of this mistake in translation and I will need to submit new AOS and wait another few years?

Maybe someone was in similar situation and can advise?

Thank you so much

[flando]

Hi everyone,

I’m new to this form and recently submitted AOS asylum based myself and just noticed I made a mistake in DOB in my birth certificate translation.

So my DOB is July 5th 1991 in my country Date of birth is going first then month so it’s 5/7/1991

But in US it’s 7/5/1991 and when I translated birth certificate I put 7/5/1991 (Bc on all my docs here it’s 7/5/1991) and just realized that underneath it was written date/moth/year in figures so I supposed to put 5/7/1991

(Just to be clear on my translation under that also DOB in words July 5th nineteen ninety one)

Do you think they will notice it?

I’m afraid they will deny the package because of this, and I’m afraid since it’s about 40 month of processing time when it’s time for them to review the application they will deny it because of this mistake in translation and I will need to submit new AOS and wait another few years?

Maybe someone was in similar situation and can advise?

Thank you so much

It makes no sense from a translation perspective. You should translate number to number, words to words.

In anyway, if this is a honest mistake, you should have the birth certificate translated again accurately.

Birth certificate is a key piece verifying applicant identities, they should checked the DoB very carefully.

that said, generally speaking if they identified the mismatch, they would either request an interview or issue RFE. You can respond with the updated translation. Don't need to worry too much. Just wait for their correspondence.

[Tokio]

Hi everyone,

So my Asylum was granted in December 2022,
as everyone knows based on the policy from February 2 2023 - Asylee and Refugee Adjustment 1-Year Physical Presence Requirement: Provides that asylees and refugees are required to accrue 1 year of physical presence by the time of adjudication of the adjustment of status application, rather than by the time they file the application (and that USCIS may request additional information to determine such physical presence in the United States).

There is lot of talks about this new rule etc and how they will process such cases, so my main concern before that policy I thought I’ll apply to adjust my status 12/2023, so 1 year in asylum status and can travel outside once I’ll have the Travel document;

In January 2023 I applied for travel document, and my plan was to travel outside of US for a week while my AOS pending ( I’ve been waiting almost 9 years and really want to travel outside to see my family in a third country, not a country of my persecution)

But since I applied to adjust status on 6/5/23 they received my case, I now kinda afraid to leave US.

For example I’ll get my travel document next spring let’s take 3/1/2024 and if I leave the country for 5 days, and USCIS will start processing my case on 12/2024 it’s mean they will deny my case because I won’t have a 1 year physical presence by the time they will review the case?

Really not sure what to do once I’ll have RTD since I just filed for AOS and average processing time for this category around 40 month
I know I have to wait etc but man I really can’t wait another 4 years for greencard I already lost one of my parent during the 9 year wait and dying to see my family

[flando]

Hi everyone,

So my Asylum was granted in December 2022,
as everyone knows based on the policy from February 2 2023 - Asylee and Refugee Adjustment 1-Year Physical Presence Requirement: Provides that asylees and refugees are required to accrue 1 year of physical presence by the time of adjudication of the adjustment of status application, rather than by the time they file the application (and that USCIS may request additional information to determine such physical presence in the United States).

There is lot of talks about this new rule etc and how they will process such cases, so my main concern before that policy I thought I’ll apply to adjust my status 12/2023, so 1 year in asylum status and can travel outside once I’ll have the Travel document;

In January 2023 I applied for travel document, and my plan was to travel outside of US for a week while my AOS pending ( I’ve been waiting almost 9 years and really want to travel outside to see my family in a third country, not a country of my persecution)

But since I applied to adjust status on 6/5/23 they received my case, I now kinda afraid to leave US.

For example I’ll get my travel document next spring let’s take 3/1/2024 and if I leave the country for 5 days, and USCIS will start processing my case on 12/2024 it’s mean they will deny my case because I won’t have a 1 year physical presence by the time they will review the case?

Really not sure what to do once I’ll have RTD since I just filed for AOS and average processing time for this category around 40 month
I know I have to wait etc but man I really can’t wait another 4 years for greencard I already lost one of my parent during the 9 year wait and dying to see my family

The 1 year presence requirement is an accumulative counter. You're short absent from the US won't restart the count. As your plan is 3/1/2024 at which point 1 year already passed, there is nothing to worry about other than ensure you attend the interviews and account for the situation where the AOS is approved while you are abroad.

[Jdnyc]

Hello everyone anyone have experience with Holtsville field office Long Island New York . I had my i485 interview based on granted asylum in November 2022 and still waiting for decision. Already done congressman , senator and many written letter but nothing helpful. Thanks