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Asylum status and Approved I130

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  • Asylum status and Approved I130

    Can someone help me?
    I came here on F1 in 2008, kept my status till 2013 to join MAVNI program in Army but got medical leave from there and came back. Applied for reinforcement for F1 but got rejected. then I got information about this lawyer and filed Asylum and now I-130 that I filed on my parents who were permanent resident that time and citizen now got approved. but my lawyer is telling me to go back to my country to get visa interview and saying I cannot do status adjustment here because asylum is not valid status for status adjustment here. this is really confusing and I am lost in confusion. really there is not way I can get my status adjustment here?
    Last edited by valam; 06-02-2016, 07:22 AM.

  • #2
    If you are not in the Immediate Relative category (spouse, unmarried under-21 child, or parent of US citizen), then you are not eligible for Adjustment of Status if you have ever been out of status in the US. Consular Processing is the only option. However, since Consular Processing involves leaving the US, you need to make sure that it will not trigger an unlawful presence ban. It's not clear whether you have accrued any "unlawful presence" and if so how much have you accrued. You would need to give much more detailed info to determine that.

    Alternately, you can wait and see if you get asylum and adjust from that.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Good evening,

      Can some one help me!
      Im having couple different problems;
      My husband have 2 dui and 1 domestic
      Husband is fighting for Isylam have order of deportation; he was approve for i130 just waiting for national visa center. We applied for work permits but he getting declined unaware why?

      Why do you think he is getting declined that work permits submit like 5 times and no luck,

      Another think we tried submit the i130 to the government to remove the deportation but no luck and thought

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      • #4
        Return to your own country as was suggested. There are no loopholes.

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        • #5
          Originally posted by Jn0527 View Post
          Good evening,

          Can some one help me!
          Im having couple different problems;
          My husband have 2 dui and 1 domestic
          Husband is fighting for Isylam have order of deportation; he was approve for i130 just waiting for national visa center. We applied for work permits but he getting declined unaware why?

          Why do you think he is getting declined that work permits submit like 5 times and no luck,

          Another think we tried submit the i130 to the government to remove the deportation but no luck and thought
          On what basis did he try to apply for an EAD? Based on pending asylum for more than 150 days? Or what?

          This is my personal opinion and is not to be construed as legal advice.

          Comment


          • #6
            First we did it with i130and sent in the check for amount 495. Then we receive a letter it was denied for incorrect code or amount so, then we sent with asylum with no payment I also was denied. And I called and told me too send it again that sometime uscis make mistake so I did and i get the same error it’s been since August without me getting a EAD, asylum is still pendin with the court untold 2020, unless everything else get approve with the I130

            Comment


            • #7
              First we did it with i130and sent in the check for amount 495. Then we receive a letter it was denied for incorrect code or amount so, then we sent with asylum with no payment I also was denied. And I called and told me too send it again that sometime uscis make mistake so I did and i get the same error it’s been since August without me getting a EAD, asylum is still pendin with the court untold 2020, unless everything else get approve with the I130

              Comment


              • #8
                Originally posted by Jn0527 View Post
                First we did it with i130and sent in the check for amount 495. Then we receive a letter it was denied for incorrect code or amount so, then we sent with asylum with no payment I also was denied. And I called and told me too send it again that sometime uscis make mistake so I did and i get the same error it’s been since August without me getting a EAD, asylum is still pendin with the court untold 2020, unless everything else get approve with the I130
                An I-130 does not give you any basis to apply for an EAD, so I am not sure what you were trying to do. (A pending I-485 *does* give you a basis (C9) to apply for an EAD for free, but you didn't say you filed I-485.)

                If you are applying for an EAD as a pending asylum applicant (C8), you have to make sure the clock has reached 150 days, and there are certain things that will pause the clock.

                This is my personal opinion and is not to be construed as legal advice.

                Comment


                • #9
                  Originally posted by newacct View Post
                  An I-130 does not give you any basis to apply for an EAD, so I am not sure what you were trying to do. (A pending I-485 *does* give you a basis (C9) to apply for an EAD for free, but you didn't say you filed I-485.)

                  If you are applying for an EAD as a pending asylum applicant (C8), you have to make sure the clock has reached 150 days, and there are certain things that will pause the clock.
                  So what should I do? How should I submit the work permits in what catergory?

                  Comment


                  • #10
                    Originally posted by Jn0527 View Post
                    So what should I do? How should I submit the work permits in what catergory?
                    You need to provide more information. For example, you said you filed I-130 but what category of family-based immigration is it in? Did he enter legally? Basically, we need to determine whether he is eligible for Adjustment of Status (I-485), because if he is, then he can apply for EAD and AP based on that.

                    If he applies based on pending asylum, he needs to carefully calculate the clock for how long it's been pending, subtracting any delays caused by him or other things that pause the clock, to make sure it's been more than 150 days. You can find more information about this online.

                    This is my personal opinion and is not to be construed as legal advice.

                    Comment



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