sherry isaac
Mar 7, 2021
AOS with pending asylum
Hi guys, I’m looking for recent experiences with AOS if you have employment based visa approved while being pending asylum. I heard about difficulties I may face due to USCIS don’t consider pending asylum status as a lawful status. I have a pending asylum case for 5 years then my husband applied for EB2 NIW 2 years ago and just got his i 140 approved. next step is the AOS and we are very worried. Appreciate sharing relevant experiences. thanks
ADVERTISEMENT
David GraceApr 4, 2021
AOS is not an option under the above facts. INA 245(a) requires AOS applicant to maintain lawful status. pending asylum is authorized stay and as long as one has not worked without an employment authorization, the 3/10 year bar will not apply allowing travel for consular processing. uscsis will issue AP based on the pendency of the asylum and given the NVC jurisdiction to send the case to the home country where there is a fear of persecution, third country post is the way to go. the foriegn affairs manual does make an exception for third country national.
in nutshell, the immigration court decided this issue under a case called matter of LK and the judge basically said there was no technical reason to be out of status when an individual with pending asylum attempts aos.
sherry isaacApr 5, 2021
thanks David for sharing! just to make sure I’m understanding correctly, you were able to adjust your status after appealing to the court? when was that and how long did it take?
David GraceApr 5, 2021
I have researched and studied this issue at length for immediate family member.
here is what I said
1. Adjustment of status is Not possible
2. consular processing is possible but needs intensive research even with a good lawyer
3. once I-140 approved you can request third country for the embassy since going back to home country is not option
using the pending asylum advance parole can be requested.
sherry isaacApr 5, 2021
gotcha, thank you! and your family member went through the process or not?
David GraceApr 6, 2021
went through the steps as described and now freshly minted LPR! goodluck
sherry isaacApr 6, 2021
congratulations! can you share please the contacts of the lawyer they hired?
David GraceMay 20, 2021
email me ferewgg@gmail.com
sherry isaacMay 20, 2021
thanks, just emailed you!
grwin olyJan 21, 2023
hi Shery! can i ask you question? have your GC approved? i am about to apply with the same condition.
Fady MSep 29, 2023
Yeshiye FiboDec 27, 2023
Hello All,
This is amazing we helping each other. I hope I will update you in the process.
My case is:
Arrived with B1/2 in October and my status will expire in April. Not sure which to start at this time (2 months). Asylum I can do it for sure but from your thread I see that if it send to court will not be ok for NIW-Eb. NIW-Eb will be great but assuming the 90 day rule and PD is not current (Nov 2022), I am fearing after approval of my I 140 it will be difficult to wait it without status. The bad news attorneys lack to be comprehensive one focus on one and other or another. Your advice is highly appreciated. All, especially visa yeshiyembf@gmail.com
