Asylum Based i-485

[Birjees2003]

My case was in similar state and I was finally adjucated few months earlier. I kept emailing the asylum office just same reply saying case is post adjucation review. My guess is officer transfer it to clarify some things so dont loose hope. I know another guy who was same state as me also got approved. Unless they find big problem in your case it should finish eventually. So keep requesting updates and try congress man queries too. Good luck. Mine took 4 years.

You have no idea how much I appreciate your response, my respect for you, we are all so worried because every thing about USCIS is so unpredictable, my 80 year old mother (USA citizen) and my wife (GC holder since November 2010 but can't pass citizenship test because she suffers from dyslexia) are all so worried as to what if something negative happens they all depend on me. Thanks a lot for helping out.

[afrguy]

Sorry for late reply, I was down with headache, still have it, too much stress from USCIS is hazardous to health and happiness plus stress headaches from one attorney's prediction yesterday, well the least I can do is thank you for showing interest in my post and responding. God bless you and may God help us all with this difficult wait time.

My case was in similar state and I was finally adjucated few months earlier. I kept emailing the asylum office just same reply saying case is post adjucation review. My guess is officer transfer it to clarify some things so dont loose hope. I know another guy who was same state as me also got approved. Unless they find big problem in your case it should finish eventually. So keep requesting updates and try congress man queries too. Good luck. Mine took 4 years.

[Birjees2003]

I'm not sure neither and there does not seem to be any public references telling what the review is.

However, it does seem to be some sort of QA process where the senior officers in asylum office discovers some admissibility concerns such as national security, terrorism/criminal activities, frauds, and/or questions about the asylum claim itself.

for cases that have long delays, generally it means they couldn't find any solid evidence that you are not admissible, but no one want to take the responsibility to clear your case neither.

Again, these are my guesses, not a statement of facts or what actually happens with these "post-asylum eligibility review"

Sorry for late reply, I was down with headache, still have it, too much stress from USCIS is hazardous to health and happiness plus stress headaches from one attorney's prediction yesterday, well the least I can do is thank you for showing interest in my post and responding. God bless you and may God help us all with this difficult wait time.

[flando]

What is Post-Asylum Eligibility Review? I tried to Google etc but to no avail.

I'm not sure neither and there does not seem to be any public references telling what the review is.

However, it does seem to be some sort of QA process where the senior officers in asylum office discovers some admissibility concerns such as national security, terrorism/criminal activities, frauds, and/or questions about the asylum claim itself.

for cases that have long delays, generally it means they couldn't find any solid evidence that you are not admissible, but no one want to take the responsibility to clear your case neither.

Again, these are my guesses, not a statement of facts or what actually happens with these "post-asylum eligibility review"

[Birjees2003]

What is Post-Asylum Eligibility Review? I tried to Google etc but to no avail.

[Birjees2003]

Translation (sadly but true):

There is nothing you can do but to wait.

After a year or so, I would recommend you talk to an attorney and maybe file a Mandamus lawsuit.

Thanks for keeping this forum alive and holding value for the reason of forum, sadly I am doubtful that this may be leaning more towards the law passed during Trump administration if you read chapter 6 of USCIS regarding the cancellation of Asylum and then they further divided it in 2 sections one for asylum granted on or before April,1,1997 and one after
April,1,1997. I hope this is my wrong assumptions but possibly since my asylum was filed in 1993 it may fall on later category but finally my COP conditions have not changed but gone worst any ways.
thanks again for showing interest.
Btw so far I have spent numerous amount of my hard earned money on attorneys since I moved so much between states in past 30+ years interestingly the attorneys fees in these past 4 years have also sky rocketed.

[flando]

flando what is you take on this
this is my Congressional inquiry response

Good Afternoon,

Thank you for your inquiry on behalf of your constituent I do apologize for the delay in response. For clarification, the Los Angeles Asylum Office does not and will not physically adjudicate the I-485

Application to Register Permanent Residence or Adjust Status. The Los Angeles Asylum Office currently has this file as it is pending a Post-Asylum Eligibility Review. This means the case is under extended review. Extended post-interview asylum case processing is generally attributable to the particular circumstances and/or the unique eligibility issues raised by an applicant’s individual case. Cases that often require additional, post-interview processing time include those where applicants have not yet cleared all required background and security checks, adjudications that require quality assurance review, and adjudications that require the input of other U.S. governmental entities. While we do strive to issue final decisions within 60 days of the interview, it is at times not possible for us to do so due to factors outside of our control.

Once we have completed our review, we will send back file to the office that will complete the adjudication of the I-485. Unfortunately we do not an exact time frame as to when that review will be completed. If we need any additional information from the constituent we will reach out to them by mail.

Translation (sadly but true):

There is nothing you can do but to wait.

After a year or so, I would recommend you talk to an attorney and maybe file a Mandamus lawsuit.

[delayedGC]

My friend is a U.S citizen and he is planning to petition for his brother. Does that petition affect his parents chances of getting Visit visa ? His parents Visa Interview date is next year .

[Birjees2003]

flando what is you take on this
this is my Congressional inquiry response

Good Afternoon,

Thank you for your inquiry on behalf of your constituent I do apologize for the delay in response. For clarification, the Los Angeles Asylum Office does not and will not physically adjudicate the I-485

Application to Register Permanent Residence or Adjust Status. The Los Angeles Asylum Office currently has this file as it is pending a Post-Asylum Eligibility Review. This means the case is under extended review. Extended post-interview asylum case processing is generally attributable to the particular circumstances and/or the unique eligibility issues raised by an applicant’s individual case. Cases that often require additional, post-interview processing time include those where applicants have not yet cleared all required background and security checks, adjudications that require quality assurance review, and adjudications that require the input of other U.S. governmental entities. While we do strive to issue final decisions within 60 days of the interview, it is at times not possible for us to do so due to factors outside of our control.

Once we have completed our review, we will send back file to the office that will complete the adjudication of the I-485. Unfortunately we do not an exact time frame as to when that review will be completed. If we need any additional information from the constituent we will reach out to them by mail.

[Birjees2003]

My question is about interview, after application there is a long process like biometrics, usually 2nd medical since first medical expires while the application is in process, RFE and in some cases interview, to me application from 2020 is not that big of a deal there are some for example me, I am waiting on my application since October 1999.

[TSCpending]

Any one waiting on a decision after Asylum based i485 interview since Dec 2021 or before Dec 2021? kindly let me know my Asylum based i485 interview was in December 2021 and still waiting for decision, tried Senator but they could not help then tried Congressman and it's almost 2 months now but nothing happened.

yes, my application has been pending since 2020 and no action taken on my case since the application was received by the uscis.

[Birjees2003]

Any one waiting on a decision after Asylum based i485 interview since Dec 2021 or before Dec 2021? kindly let me know my Asylum based i485 interview was in December 2021 and still waiting for decision, tried Senator but they could not help then tried Congressman and it's almost 2 months now but nothing happened.

[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

[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.

[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