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Results 1 to 6 of 6

Thread: Anon, could you please answer my question?

  1. #1
    Guest
    Hi, it apears to me that you are very aknoleadgeble in the matter of immigration so I would like to ask you to read my story.
    I came as a dependent of my father in 1997 at the age of 20 as a derivative asylee.When I entered US they stamped my passport:"Political asylum granted ". One month later , while I was still minor(20 years old) I apply for I-485 and the INS denied my application for the reason : I must wait at least 1 year after I was granted the asylum. At that time I didn't know that the original grant of my asylum is 1992, so I wrote the date I enterd the US on that application form.
    However 1 year later after I entered I filled out again and 10 months later they asked me to go to the interview,I had to do the fingerprint and medical. After 4 more years I received a letter in the mail asking me to do the fingerprint again.
    I did that, Two weeks ago I got a letter from ins
    saying that because now I am over 21 years old I am not eligible to adjust status as a derivative asylee and I have to file on my own right . In the envelope was a I-589 for for political asylum.
    When they asked me questions like: do I fear beeing persecutated, rape , abused,...etc these kind of question I allwaws answer N/A in my case.My father was persecuted and I came here as a dependent child.I did not understand that they want me to answer,and I still don't .. In the same letter I found out that my original grant of asylum was not when I entered , it was back in 1992.
    Questions:
    1. Do you think is that the INS is going to approve my case of asylum and cosequently the I-485 form? or they will deny it and deport me.?
    How come is possible that if I came here legally, work over 5 years and pay taxes, now to be denied?
    2. Can I write a motion to them saying that first time when I filled out my I-485 (while I was minor) they denied it unjustified: saying that I was not waiting more that 1 year after I got my grant of asylum, however in the last letter I got, the INS stated that my original grant of asylum back in 1992.Indeed I wrote in that I-485 form when they asked me when where you granted asylum: My answer was 1997(because I didn't know is 1992. Weren't they suppose to check on my file? I am saying that because now with the new law child agging out that president signed on august 6 , 2002, if the INS will reconsider my first I-485 application that they denied unjustified , I don't have to fill out the political aasylum form on my own(whicy I allready did) and I am affraid they will denny it/

    Thank you very much,

  2. #2
    Guest
    Hi, it apears to me that you are very aknoleadgeble in the matter of immigration so I would like to ask you to read my story.
    I came as a dependent of my father in 1997 at the age of 20 as a derivative asylee.When I entered US they stamped my passport:"Political asylum granted ". One month later , while I was still minor(20 years old) I apply for I-485 and the INS denied my application for the reason : I must wait at least 1 year after I was granted the asylum. At that time I didn't know that the original grant of my asylum is 1992, so I wrote the date I enterd the US on that application form.
    However 1 year later after I entered I filled out again and 10 months later they asked me to go to the interview,I had to do the fingerprint and medical. After 4 more years I received a letter in the mail asking me to do the fingerprint again.
    I did that, Two weeks ago I got a letter from ins
    saying that because now I am over 21 years old I am not eligible to adjust status as a derivative asylee and I have to file on my own right . In the envelope was a I-589 for for political asylum.
    When they asked me questions like: do I fear beeing persecutated, rape , abused,...etc these kind of question I allwaws answer N/A in my case.My father was persecuted and I came here as a dependent child.I did not understand that they want me to answer,and I still don't .. In the same letter I found out that my original grant of asylum was not when I entered , it was back in 1992.
    Questions:
    1. Do you think is that the INS is going to approve my case of asylum and cosequently the I-485 form? or they will deny it and deport me.?
    How come is possible that if I came here legally, work over 5 years and pay taxes, now to be denied?
    2. Can I write a motion to them saying that first time when I filled out my I-485 (while I was minor) they denied it unjustified: saying that I was not waiting more that 1 year after I got my grant of asylum, however in the last letter I got, the INS stated that my original grant of asylum back in 1992.Indeed I wrote in that I-485 form when they asked me when where you granted asylum: My answer was 1997(because I didn't know is 1992. Weren't they suppose to check on my file? I am saying that because now with the new law child agging out that president signed on august 6 , 2002, if the INS will reconsider my first I-485 application that they denied unjustified , I don't have to fill out the political aasylum form on my own(whicy I allready did) and I am affraid they will denny it/

    Thank you very much,

  3. #3
    Guest
    Dear Ana: I need some answers to my own questions before I can provide some direction.
    1) When did your father enter the US?
    2) When did HE obtain asylum?
    3) Was your mother or other siblings with him at the time?
    4) Did he (when filling out the various forms for asylum) include YOU as a child or did he somehow "forget" you?
    5) Do you have your original ppt with the entry stamps from INS?
    6) Do you have ALL correspondence between you and INS since 1997 regarding your timely filing, etc?
    7) What status do you hold now?
    8) What noises is INS making in your direction at this time?

  4. #4
    Guest
    Thank you Anon, I will answer all your questions :
    1.My father enter the US in april 1988(alone) , at that time in all East Europian countries was comunism so he got his asylum right away. He included my mother, my sister and me on his application to join him in the US. In 1992 the US Embassy back home called us saying that we can join my father.For personal reasons my mother deceided not to go. Later in 1997 I deceided to join my father here in the US.I did medical exams, and the US Embassy(back home) give me a sealed envelope whicy the INS took it at the port of entry. Also they stamped my passport : Political asylum granted.
    2. He got the asylum as soon as he arrived in the US
    3.My father came alone in the US
    4. Yes he did put in his application my mother , my sister and me(that's why the US Embassy give me the envelope and asked me to do the medical exams. ..etc
    5.Yes I have the passport with the stamp from INS saying : Political Asylum Granted and they wrote my alien # I allready had this #since 1992 when they granted our asylum( mine,my sister and my mother)
    6. Yes I kept carefully all my corespondence with the INS(I had to do the fingerprint twice, and medical exams once)also I have some timely letters from INS.
    7. I am not sure: this is what is says on the stamp when I entered
    Asylum status granted pursuantto section 208(c)INA.
    Valid to july 22,1998
    Employment authorized
    the date when I enterd and NYC 2012
    8.In april 2002 INS asked me to do the fingerprint again whicy I did, On that letter I had a receipt # (13 digits), I call toll free # and they said that my case will be processed in 300-330 days starting with feb,2002.
    two weeds ago INS send me a leter saying that now because I am over 21 years old I am not eligible to adjust status as a dependent of my father( as a derivative asylee) and I have to fill out on my own right the asylum application . I did but in that form where they ask questions if I fear to go back home fear of persecution ,rape , abuse ...etc I allways answered N/A in my case , I was granted asylum as a dependent of my father.
    Also now when I checked the status of my case they increased to 420 days for processing the assylum form.
    As I said in the original post ,after I arrived in the US I filled out a I-485 after a month while I was still minor (dependent of my father ) but because I did not know my original grant of asylum date (1992) I wrote in the form at that question : the date I entered in the US .They denied my I-485 form saying : you need to stay in asylum status for at least 1 year.
    If they would do their job corectly they would check my file and find out that I was in asylum status for 5 years allready. President siged on aug 6th agging out child law . With this law I would be still cosidered minor so I don't have to file out the asylum and probably they would give me the green-card.
    Is there anyway I can ask the INS to reconsider my I-485 form whicy was denied unjustified( because I was allready in asylum status from 1992 =5 years)? thank you

  5. #5
    Guest
    Ana: did you file for adj of status in 1998 after being admitted in '97 as a derivative asylee?
    This document, if available, will probably provide the most assistance...it should be your evidence that you filed properly and timely in '98, one year (or more) after admission. HOwever, from your description of the situation, I would strongly suggest you hire an immigration attorney who is well-versed in asylee issues...I am not an attorney and therefore cannot give legal advice. Your situation is not likely to be resolved by opinions from our readers because it is complex. Sorry I do not have a better answer.. but it is good you kept all of the papers, documents, stamps, etc. they will likely come in very handy.

  6. #6
    Guest
    I just made an appt. with an attorney here in NJ,where I live. Thank you very much for your your time.

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