Asylum Based i-485

[Jasmine22]

It seems as if the TSC has almost stopped processing GC applications. Raising a service request might be useless, since they prob would come up with a generic response #sad. But contacting one's congressperson, and asking them to make a formal inquiry into the extend of the backlog at the TSC, and why the cases basically stopped moving. The Nebraska Service Center, in contrast, does a good job. So all the transfers from Nebraska to Texas they've arranged so far, have been basically useless, or in fact made the backlog much worse.

I haven't heard of any 2019 applicants to be approved ever since. After reading many messages on this forum, I've noticed that the last approved were probably from July 2018..Correct me If I'm wrong and If any later applicant got approved by TSC.

[Asylee Expert]

Thank you, sir! Appreciate your encouragement!

When returning to US, after traveling outside during your pending I-485, was passing the US Customs Border process smooth? What questions did they ask If you don't mind sharing?

Thank you very much!

You are welcome! I have never had an issue, however, if you are not a permanent resident and only travelling with your U.S. Refugee Travel Document (Form I-571) you will be sent to secondary inspection for a few minutes, the questions are generally where you went and how long you were there, and if you travelled back to your home country and they will take a look though your U.S. Refugee Travel for the stamps if they are any. It is quite easy and smooth.

[Asylee Expert]

Yes, sir. I'm a derivative asylee, with legal rights to work. Badly need to travel outside now. One of my family members got very sick, and at the same time, many attorneys discourage traveling during a pending I-485 even with a Refugee Travel Doc.

The day I was told on what happened, run in tears to the Congressman and wrote USCIS a letter, asking for an update as I was anxious to travel. Obviously, they said that the case is within processing times, so that did not help, nor that I expected it to help.

I'm glad you had no issues coming back during your pending I-485. Maybe I should try too..It's just when I think that I've spent all this time in US for nothing, so when I come back, they won't let me in, I'm obviously anxious. I'm also not planning on traveling to the country of persecution!

There is no rule that says you cannot travel with a pending Form I-485. It is discouraged for those who might have a criminal matters like domestic abuse, battery etc on their record and you might denied entry because of such. I travelled several times in and out while my Form I-485 was pending. Attorney at law will tell you that just in case your application is denied and you are out of the country. If you have retain counsel you are welcome to follow their advice, but most don't know nothing about the asylum process and the rules governing such. Because you are a derivative I am unable to comment on your matter for several reasons as I am not legal counsel. The only thing I can say is on your return you will be subjected to questions of your purpose of travel and how long you were away.

[Hatori1980]

I see your pain. From what I personally know, no employers in the US shall limit your rights to work for them, just because you're an asylee and not an adjusted resident. Are you sure having a GC is a required condition? If so, how is that related to the company's policies and your legal rights as an immigrant?

Yes a lot of jobs you need a gc
i want to join military if I dont have one I can not join the
.
and also I took many police officer exams. many departments require at least a green card. A few of departments I can join with asylee status. Most of good police departments they need a green card or citizenships.

[Jasmine22]

Yes a lot of jobs you need a gc
i want to join military if I dont have one I can not join the
.
and also I took many police officer exams. many departments require at least a green card. A few of departments I can join with asylee status. Most of good police departments they need a green card or citizenships.

Oh true! You're absolutely right. Btw, Didn't military offer you to reach to USCIS by themselves in regards to your case, maybe? They could probably place a case inquiry for you..

[mekus21]

Mmm...what about Nebraska then? Why is Nebraska processing quicker than Texas then? In my opinion, If it was because of Trump administration, Nebraska would have had the same issues in this sense, since we are all under the same umbrella..

Not really. NSC is generally faster because it covers states with far less immigrants living in them (states like Nevada, Ohio, etc.), and thus far less USCIS-related cases vs TSC that covers pretty much most immigrant-populated states in the US such as Texas, MD, NY, Chicago etc. States with high immigrant populations tend to be backlogged with immigrant applications. On the other hand, states with far less immigrants (mostly native born Americans) tend to be faster with far fewer immigrant filings.

USCIS did a good job at transferring most, if not all, I131 cases previously under TSC to NSC (that is all I131 applications from all of the US are processed at NSC and NSC I131 processing times now take 5.5 months on average, from previously 3 months) to ease up the workload at TSC but it didn't seem to help at all. NSC is still generally fast despite the added workload. In terms of I485, some heavy immigrant states like NY and MD, for eg, need to be reshuffled to NSC to further ease up the work load. I know someone who applied at NSC in July 2019 and got his green card in Nov 2019. 4 months only. NSC is that fast.

[mekus21]

@Nick213 and @luckycharm4111
To answer you and others who have asked,
1. I'm the principal. So I think it's pretty rare to be called for an interview.
2. The officer never told me what was the reason, and I didn't dare to ask
3. Well the officer didn't ask any question specific to the underlying asylum, but it did come up in some other question the officer asked. To me, the overall experience was not as lighthearted as for those who were having marriage-based GC interviews. I saw officers smiling at and greeting those people, while my officer had a solemn look which did make me a bit nervous. The officer first asked me to take an oath (which I think is for everyone). Then we went over my addresses and my employment history, and a slew of yes or no questions. However there was this particular question that the officer asked me to explain in details which is my past association with the communist party. I’m from a communist country and joined the party’s youth league while in school. Fortunately, I formally renounced my association many years ago after becoming aware of the atrocious nature of the party. The officer asked about when I joined, why I joined, how I renounced the association and how I learned about the renouncement movement etc. And this is also where it touched upon the underlying asylum. The officer typed down every word I said and had me sign it. I’m not sure if this was the whole reason for the interview or if I was just randomly picked as I said I didn’t ask... But I’m glad I was able to clean that off, so that there will be no future risks of having my GC revoked due to concealment or something. In the end, the officer gave me a piece of paper saying my case will be under review and it may take 120 days for a decision. Luckily it was approved after a week.

Thank you everyone! Hope this can provide some insight for those in need.

The lower part of your paragraph is the reason you were called for an interview. USCIS doesn't take such associations lightly and would want to verify things before proceeding with your application.

[mekus21]

My case is on TSC if I moved to Nebraska jurisdictions
Does my case move with me or still in TSC?

It will still be at Texas.

Heads Up: listen people...the key to getting your application serviced at NSC is based on your address at filing. For asylees yet to file for their I485, if you can, please relocate to any nearby state under NSC's jurisdiction (i.e. Alaska, Arizona, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming, Guam or the Commonwealth of the Northern Mariana Islands), rent a place there even if briefly and obtain the address, or use a relative's or friend's address living in any NSC state (where you can receive your mails at) etc, update your address online at https://www.uscis.gov/addresschange, at least a few weeks before filing your I485 application. Then file your I485 with your new address listed on your application form. The lockbox office sorts/forwards applications to the appropriate office controlling it based on the applicant's physical address at filing, not based on where you want it sent to. The case will be accepted and processed at NSC and hopefully approved in a few months. You might have to travel to that state to do your biometrics or even do it at any biometrics center closest to you.

[Hatori1980]

Not really. NSC is generally faster because it covers states with far less immigrants living in them (states like Nevada, Ohio, etc.), and thus far less USCIS-related cases vs TSC that covers pretty much most immigrant-populated states in the US such as Texas, MD, NY, Chicago etc. States with high immigrant populations tend to be backlogged with immigrant applications. On the other hand, states with far less immigrants (mostly native born Americans) tend to be faster with far fewer immigrant filings.

USCIS did a good job at transferring most, if not all, I131 cases previously under TSC to NSC (that is all I131 applications from all of the US are processed at NSC and NSC I131 processing times now take 5.5 months on average, from previously 3 months) to ease up the workload at TSC but it didn't seem to help at all. NSC is still generally fast despite the added workload. In terms of I485, some heavy immigrant states like NY and MD, for eg, need to be reshuffled to NSC to further ease up the work load. I know someone who applied at NSC in July 2019 and got his green card in Nov 2019. 4 months only. NSC is that fast.

NSC is way more busy than TSC
NSC have to accept cases around 10k every 4 months
and NSC approves around 10k every 4 months also.
TSC accept around 4k but TSC approves only 900 cases
from the last 4 months

By the way on the west coast they have more immigrants than east coast.

[ravinmish]

Hello Everyone,
I have many questions answered from this group which I'm very thankful for. I wanted to ask this specific question about marrying an undocumented immigrant.

I have applied for my i485 but I got married to my spouse after my Asylum was approved. She came here as an F1 (International Student) but did not continue her studies and she has accrued unlawful presence for more than 2 years.

After I get my Green Card, What would be the best way for me to apply for her i-485. Is it even possible since she is out of status but she did enter the US legally?
I heard a lot about the waivers as well but do not understand on what merit it is given. I would really appreciate if someone has any idea about this situation. Thank you so much

[antihistamine]

for i485 pending more than a year do we need to renew medical examination or not?

[Hatori1980]

for i485 pending more than a year do we need to renew medical examination or not?

Medical exam valid for two years after summit i485

[RAMSTER0910]

Hello Everyone,
I have many questions answered from this group which I'm very thankful for. I wanted to ask this specific question about marrying an undocumented immigrant.

I have applied for my i485 but I got married to my spouse after my Asylum was approved. She came here as an F1 (International Student) but did not continue her studies and she has accrued unlawful presence for more than 2 years.

After I get my Green Card, What would be the best way for me to apply for her i-485. Is it even possible since she is out of status but she did enter the US legally?
I heard a lot about the waivers as well but do not understand on what merit it is given. I would really appreciate if someone has any idea about this situation. Thank you so much

Hi!
I have a similar situation. However, my understanding is you as a permanent resident don't have that benefit to provide status to your spouse if she have not maintained legally status here. The waiver is possible but she would have to go back to her country and do the process there (which I assume is not what you are looking for). That can take several years and according to her overstayed, is 10 years. I think your option would just wait until you become a citizen.

[luckycharm4111]

Hello Everyone,
I have many questions answered from this group which I'm very thankful for. I wanted to ask this specific question about marrying an undocumented immigrant.

I have applied for my i485 but I got married to my spouse after my Asylum was approved. She came here as an F1 (International Student) but did not continue her studies and she has accrued unlawful presence for more than 2 years.

After I get my Green Card, What would be the best way for me to apply for her i-485. Is it even possible since she is out of status but she did enter the US legally?
I heard a lot about the waivers as well but do not understand on what merit it is given. I would really appreciate if someone has any idea about this situation. Thank you so much

There are three options for you to sponsor your wife in your situation as follows

1.

As your I-485 is pending, You can apply I-730 for your wife (Assuming you are on Asylee status) and she doesn't have to leave the country for her unlawful presence as Asylee have that waiver.

As Hatori1980 in the below comments, Yes the relationship should exist before Asylum was granted. So, you cannot apply for I-730 form as shown in the attachment

2. If you apply her for I-485 (AOS) based on your I-485 approval then she has to leave the country, process the AOS in her country.

3. Once you are Citizen then you can apply for her GC and at that time, she doesn't have to leave the country as she will be having the waiver.

In my opinion, I feel the first option would be feasible for her.

[Asylee Expert]

Travel Warning Regarding Voluntary Re-availment

WARNING to asylees who travel to the country of claimed persecution: If you applied for asylum on or after April 1, 1997, your asylum status may be terminated if the U.S. Government determines that you have voluntarily availed yourself of the protection of your country of nationality or, if stateless, country of last habitual residence. See section 208(c)(2)(D) of the Immigration and Nationality Act (INA), 8 USC 1158(c)(D)

I posted the above warning based on a message I received from an asylee in my inbox. Asylees ought to pay attention to above message. Thank you!