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.

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?

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.

gotcha, thank you! and your family member went through the process or not?

went through the steps as described and now freshly minted LPR! goodluck

congratulations! can you share please the contacts of the lawyer they hired?

email me ferewgg@gmail.com

thanks, just emailed you!

hi Shery! can i ask you question? have your GC approved? i am about to apply with the same condition.

is INA 245(k) cover that case? https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title8-section1255&num=0&edition=prelim