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I am trying to help a friend. All posts will be helpful. My friend was told by her Immigration Attorney the Asylum Withdrawal was denied by the Immigration Judge and Government Attorney, because they think the Asylum case is frivolous. Her husband is fro the USA and they filed all the paperwork back in 2017, nothing was approved or, nor did they get a interview. This shocks me they will not allow her to cancel the asylum case. she is in removal conditions and want to use the 485,130. Have anyone heard of this before.?? she is very upset that she will have to go to court for hearing.
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I don't really understand. Does she have an approved I-130 and is married to US Cit or she is requesting AOS through Asylum?
I would recommend talking to the lawyer or getting another lawyer's second opinion. The status of your friend is rather delicate.
EB2 - National Benefits Center (I-485/I-765/I-131)
- Priority Date: 10/19/2018
- Biometrics NOA: 11/09/2018
- Biometrics Appt: 11/26/2018
- Fingerprint Review Completed: 11/28/2018 and again on 12/05/2018
- Combo card (I-765/I-131) approved: 05/03/2019
- Combo card (I-765/I-131) received: 05/10/2019
- Interview Notice: 10/03/2019
- Case Approved: 10/04/2019
- Card in hand: 10/10/2019
(374 days of DOL/I-140 and 356 days of AOS = 730 days of Green Card Process) -
She came here seeking Asylum I think 4 to 5 yrs ago. started the removal proceedings. She got married while her asylum case is still pending. She asked to have Asylum case cancel and they will persue the i130 and 485 ( both still pending ) since 2017. She have attorney through this journey. It doesnComment
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Hi, my suggestion tried to see the good lawyer, so they can help her out. She wants to drop Asylum case and go with marriage case (i485,i130) right? Have she ever filed the i130 concurrently with i485? Did USCIS accept or reject her case at the beginning when she sent to USCIS Chicago lock box?Originally posted by top player View PostF2B
2/7: delivered
2/22: rejection because immigration visa is not available
2/26: explanation letter, sent again
2/28: PD
3/14: 3 text message, check cashed out
3/21: received 3 NOA by mail
3/29: Biometric done
4/23: Biometric done second time
4/24: I485 - Case is Ready to Be Scheduled Interview
7/30: request I765 case out of normal processing time start at SR...
8/29: call and officer request another service start at T1B...
9/5: received email card productionComment
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She filed i130 after she married. She says she waited to do 485 because of lack of money. I told her to talk to someone else. She agreed. I was trying to help her in anyway so nobody else can do whatever. IComment
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Uscis case was accepted. But waiting for interview or approval of 130. Maybe they are doing this purposely.Comment
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If she is in removal proceedings, she cannot file I-485 with USCIS; she can only file I-485 with the immigration judge, and she can only do that after the I-130 has been approved by USCIS.
This is my personal opinion and is not to be construed as legal advice.Comment
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Hmmmm. They were already accepted by Uscis.
Can she cancel her Asylum case anyway?Comment
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If she married to US citizen, i130 should be approved immediately and she can file i485 and i765, i131 also. If she is not married to US citizen, just lawful resident, she has to be legal present in here like F1 visa (international student), so she can file i485 after i130 approved and visa available called F2A. Asylum case doesnt relate to decide filing i485 or not.F2B
2/7: delivered
2/22: rejection because immigration visa is not available
2/26: explanation letter, sent again
2/28: PD
3/14: 3 text message, check cashed out
3/21: received 3 NOA by mail
3/29: Biometric done
4/23: Biometric done second time
4/24: I485 - Case is Ready to Be Scheduled Interview
7/30: request I765 case out of normal processing time start at SR...
8/29: call and officer request another service start at T1B...
9/5: received email card productionComment
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My friend and spouse seek new representation today. It was explained they need new lawyers and her case is really bad for the asylum. I just pray for them. Thanks for your replliesComment
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