Gabriel Jaimes
Jan 30, 2021
Asylum pending and parallel making EB-3 approved, just waiting for I-485 Interview. Anyone in the same boat?
Asylum pending and parallel making EB-3 approved, just waiting for I-485 Interview. Anyone in the same boat?
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no wayJan 30, 2021
did you have your asylum interview or not yet? Im in the same boat
Gabriel JaimesJan 30, 2021
No yet, I'm asylum pending since 2017.
no wayJan 30, 2021
ya i am since 2016. are you sure we are eligible to adjustment of status ? some ppl still debate about it.
Gabriel JaimesJan 30, 2021
My lawyer told me that probably I should make my interview and then, leave to abother country with advance parole to finish my process in a US. consulate. However, many people in the same process have obtained green card without leave to another country and without interview. In my point of view, that depends of the state where you live or idk.
no wayJan 30, 2021
exactly, we dont have to leave. we are eligible to adjustment of status from inside the US. since we did not have the interview yet and it is not through fault of our own. good luck! My case is EB2, pd 04/2020, NBC and field office is Chicago. where r u in the process?
no wayJan 30, 2021
also my lawyer went to an interview with a similar case and he didn’t need to explain anything to the officer. the officer told him that they received training about it.
sherry isaacMar 7, 2021
I’m in same situation and so worried, my i 140 was approved last months PD oct 2018 and pending asylum since 2016. fingers crossed as I feel it will depend on the officer.
no wayMar 7, 2021
hi sherry, what state you live in?
no wayMar 7, 2021
gabriel, anything new with your case?
sherry isaacMar 7, 2021
NJ but the i 485 is still in Texas
no wayMar 7, 2021
what did ur attorney tell u?
Gabriel JaimesMar 7, 2021
Hello guys, nothing yet butwhy through, I still waiting for interview or whatever notice from USCIS. This App (Lawfully) say that I am the first on the list to be called for interview. It suppose that after Feb 16th, I have more chance to be called. When I receive something from USCIS, I will notify you in this post 🙏
sherry isaacMar 7, 2021
they say it is a grey area, good luck everyone and I’ll keep you posted with any update
no wayMar 15, 2021
so just an update, i received rfe for medical at the end of 2020, then rfe for supplement j in the begining of this year..
did u guys get any rfe?
Gabriel JaimesMar 15, 2021
No buddy, I still waiting something from USCIS. Not interview yet, nothing respond. What about your medical exams? Are you ok?
no wayMar 15, 2021
it’s form I-693. we didn’t include it in the packet
Gabriel JaimesMar 15, 2021
Oh, but, did you do that with attorney?
no wayMar 15, 2021
ya, i never contact uscis without am attorney. except for like following up or service requests
no wayMar 15, 2021
the process is really exhausting
Gabriel JaimesMar 15, 2021
Yeah, I am tired, my family too. But we get still waiting, don't give up.
sherry isaacMar 15, 2021
no nothing yet since the i140 got approved almost 2 months ago. if the medical expires in 2 years I should receive rfe
no wayApr 1, 2021
anything new?
Gabriel JaimesApr 1, 2021
No yet buddy. I am renewing my EAD.
no wayApr 1, 2021
ya me too, im renewing both EADs, bot sure about how long it will take
sherry isaacApr 5, 2021
in the same boat applied for my ead renewal 2 months ago
no wayMay 1, 2021
anything?
Gabriel JaimesMay 1, 2021
Not yet buddy, I still waiting for my EAD renewal yet. Nothing about I-485 interview. We have to wait.
sherry isaacMay 1, 2021
nothing!
JP GGMay 2, 2021
Friends I’m on the same Boat. Asylum since 2016 - no interview. I-485 in early November 2020. biometrics applied. no interview. I wish the best of luck to everyone here.
no wayMay 2, 2021
i think it’s becoming more well known and common now that we are eligible to adjustment of status if we didnt get interview
JP GGMay 2, 2021
hopefully my friend. hopefully. I’ve heard about different outcomes depending on the case, Uscis office, and officer
no wayMay 22, 2021
my case got approved without an interview guys. good luck to y’all. cant believe it’s over.
sherry isaacMay 22, 2021
@butwhy though congratulationsssss ... really happy for you!
Gabriel JaimesMay 22, 2021
@butwhy through That's a good news!!!!! congratulations my brother!!! Explain everything please! Do they sent you your green card now? Have you talked with your attorney about that? Tell us?
no wayMay 22, 2021
thank you guys, you’re next.
i still do not have it in my hands, hopefully next week.
My attorney didnt say anything yet because the actual notice is not sent yet.
ask me questions and I will answer. there is nothing to do really, just wait and hope for the best.
JP GGMay 23, 2021
that’s awesome man congrats! I do have some questions.
1) can you share your timeline? when was the first received date issued by USCIS?
2) why did you provide a supplement J? did you change roles or location after 6 months pending AOS?
3) How long after each RFE they got back to you?
Thanks and again congrats!
JP GGMay 23, 2021
thanks. Are they strict in terms of job change during AOS? Or was it a smooth process?
no wayMay 23, 2021
it was change of location. they are strict yes, law has to be followed in every single step
JP GGMay 30, 2021
las question. what document was requested for I485j’s RFE?
no wayMay 30, 2021
there was no rfe for supplement j
JP GGMay 30, 2021
was it for the change of address then?
no wayMay 31, 2021
exactly
sherry isaacAug 6, 2021
hey everyone, any other updates from your side? just got rfe letter asking for 3 things:
new medical as mine has expired, proof of maintenance of residence (the challenging part), and proof of employment authorization
sherry isaacAug 13, 2021
@ jp gg anything new?
sherry isaacAug 13, 2021
@no way anything about maintenance of status before your approval?
JP GGAug 13, 2021
yes. I got an RFE requesting medical and I485j. That’s where I’m at.
your RFE seems interesting. I’m curious how you will make your case for maintenance of residence. keep us posted
sherry isaacAug 13, 2021
@jp good luck! prayers needed still don’t know how the attorney will reply back
JP GGAug 13, 2021
same to you as well! keep us posted
Gabriel JaimesSep 8, 2021
Hello guys, since 2019 something has changed in my case: Case Was Transferred And A New Office Has Jurisdiction. What could mean this?
sherry isaacSep 8, 2021
@ Gabriel may be transferred to field office for interview? where was it originally?
Gabriel JaimesSep 8, 2021
Yes sherry isaac, maybe my case was transferred to field office for interview. My case is located in Texas Service Center, but I haven’t received any notice about where will be the new field office.
sherry isaacSep 8, 2021
good luck, hope things work for you! my case is in Texas too my lawyer is still working on the rfe reply but she’s not giving me big hope! she’s saying that the officer can check with my A number all my status history and she’s feeling that sending an rfe is going more towards denial 😔
JP GGSep 8, 2021
I got the same RFE you got Sherry
JP GGSep 8, 2021
did you have a status before filing the asylum?
sherry isaacSep 8, 2021
@jp yes I had a valid B2 visa before applying for asylum, when did you get the rfe? have you replied back or not yet?
JP GGSep 8, 2021
I have not but I will soon. It doesn’t look promising on my end either :(
sherry isaacSep 8, 2021
@jp hope we’re wrong! do you think it matters if you were in status when you applied for asylum ? is your case in Texas too? let’s keep each other posted and good luck.
JP GGSep 9, 2021
it “should” matter or at least it is worst not to be in status. no, it is in NBC
JP GGNov 5, 2021
Sherry I’m very happy it worked out for you. congratulations
sherry isaacNov 5, 2021
@jp thanks so much hope it works for you too very soon! thanks for bringing up this thread I was looking for to update folks and let them keep hoping for a good news.
did you reply to your rfe?
JP GGNov 5, 2021
yes I replied to the RFE asking for proof of status my attorney made a document where he showed that I entered the country legally and filed the asylum while being in status. USCIS issued another RFE but it’s been 16 days and I haven’t received the letter. im not sure what it is asking for this time
JP GGNov 5, 2021
by the way this would be my third RFE
sherry isaacNov 5, 2021
oh my gosh best of luck! may be expired medicals or proof of employment authorization?!
Alec KanDec 5, 2021
Hey everyone! Congrats to all who got their GC already! I'm about to go thru the same process and I'd really appreciate any information you could provide. Here's my story:
1. Arrived in Oct 2016 on B1/2 as a visitor to California and was admitted for 180 days.
2. Applied for asylum in Nov 2016 and my case was accepted a few weeks after. Since then I've been awaiting my asylum interview (~5 years)
3. Dec 2021 got my I-140 approved and I'm going to file AOS in the near future.
I expect IO may question my AOS eligibility because I don't have lawful status. As I understand, in my situation, the "technical reason" exception should apply. My question is: what is the exact wording you used in the response letter to the RFE to prove that the "failed to maintain lawful status" bar doesn't apply to you? In the letter, did you reference any court decisions (such as Matter of L-K) or any USCIS memorandums or policies?
@sherry isaac @jp gg @Gabriel Jaimes I'd really appreciate if you could provide any info. Thanks in advance!
JP GGJan 10, 2022
have an attorney prepare your response. don’t do it yourself and expect for the best! good luck and keep us posted
JP GGJan 10, 2022
I also have a question for you all. did you guys process an EAD through the Employment based AOS? Or did you just keep on renewing your asylum EAD?
sherry isaacJan 10, 2022
@Alec I second JP it’s better to reply through an attorney. please send me your email and I will check my response letter and send you the information we used.
sherry isaacJan 10, 2022
@jp i kept renewing my pending asylum ead
Alec KanFeb 7, 2022
@sherry isaac my email is aleckan53@gmail.com. Thanks!
Alec KanFeb 7, 2022
@jp gg I recently renewed my EAD based on the pending asylum case, but it took 11 months to get the card. I had to reach out to the congressman for help. Pending asylum based EAD applications is a lower priority for USCIS than other EAD applications
boy bestyMay 2, 2022
hey guys.
i am in the same boat. my I-485 was transferred to the new office (NBC). just waiting. whats gonna happen. my medical is still remaining. may be they will send me the rfe for medical the National Benefits center. And may be also ask for status mainting.
@sherry isaac. can you please share your response letter also with me so i can be prepared for the rfe if asked about mainting lawful status. my email is saeedsherani7@gmail.com
Gabriel JaimesMay 9, 2022
Greetings fellows, my last recent update was: On April 29, 2022, we transferred your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number SRCXXXXXXXXXX, to another USCIS office. That office now has jurisdiction over your case. We sent you a notice that explains why we moved your case. Please follow the instructions in the notice. My case was transferred from Texas Service Center to NBC Lee’s Summit, MO. So, I am crossing my fingers waiting a final decision.
boy bestyMay 9, 2022
@gabriel great news for you. lets see what will happen.
boy bestyJun 8, 2022
guys i talk to the uscis officer on call yesterday and she told me that my case is transfered to local field office. but the status is yet same. she told me that maybe you will get rfe due to not submitting medical along with i-485 or maybe interview call. interview waiving option is also available if uscis field office thinks no need of interview. is that good sign. any suggestion please
boy bestyJul 3, 2022
@gabriel jaimes. Any update on your case what’s going on
Ihab HannaJul 7, 2022
Hi All , i read all the thread here but i need your help . i arrived in 2016 using b1/b2 and after two months i applied for asylum and its still pending without an interview . so i am wondering shall i leave USA to get my eb3 from the consular process or it will happen from here . I live in New yok from day one .
P CAug 29, 2022
Hi all, I have a similar case as you.
Pending asylum with interview done in 2019 - decision pending.
In parallel got i140 approved in May,2022 and now waiting for the decision on I485 - eb3 category as per today.
Do you guys have any updates on your case?
Let us know.
I just read a case today that someone got denied on I485 through employment based with pending asylum due to overstaying with B1 visa when got to US.
Kevin LeNov 13, 2022
@PC: I have same boat. Applied Asylum pending and went to Immigration court then got Administrative Closed 7 years ago. I have work permit and renew it every 2 years.
Now I found a company can help me to find the company can sponsor me with EB-3 program. I do not know If I have a change to get approval I-485 Adjustment status If I go with them? I was legal status when I applied Asylum.
P CNov 15, 2022
@Kevin Le we had heard that once your asylum case goes to immigration court meaning your case was denied by the USCIS officer then your case will be decided by a judge. In that case you are not qualify to AOS within US. This is not a legal advice, in your case I'd talk to a lawyer and confirm it.
In our case we had the Asylum interview but never got the final decision, our case is considered "still Pending" that's why our lawyer decided to go to that route of AOS within US. We got the EAD and the Parole already, waiting for the i485 yet.
Ochi SamNov 22, 2022
I am on the same boat. Applied for Asylum in 2014. My company applied for the PERM. Company lawyer told me that they would apply for I-140 EB2 after PERM approval. But they would not apply for I-485 after I-140 gets approved as long as I have no non-immegrant status. So, should I apply for I-485 with asylum lawyer after I-140 gets approved?
P CNov 26, 2022
@... is your asylum case still pending or did you get the decision yet? that decision matter to proceed the i485 through employment EB2 within US or consulate processing.
Ochi SamDec 6, 2022
The asylum case is still pending.
P CDec 7, 2022
@ochi Sam at some point that you've been in US were you out of status not saying asylum pending time? your asylum case is affirmative or defensive?
P CDec 16, 2022
you case seems like affirmative and it seems that 0485 should be proceeded within USA. I definitely would ask for legal advice from a work immigration attorney, not the asylum lawyer though.
Ochi SamJan 27, 2023
Hi guys! As I mentioned above, my current status is pending asylee and my company is submitting I-140 EB-2.
My company immigration attorney told me that "after I-140 got approved, they would not work with me on I-485 since I have no vnon-immigrant status. I should go with asylum attorney for the I-485".
My asylum attorney told me that "he had no experience on employment based GC. I should find an experienced attorney".
Guys, could you please let me know about attorneys who suggest to apply for I-485 within the U.S. and experienced on this kind of case before. At least, I need a consultation.
Every attorneys I have met suggest me to leave a country and go through the cobsular processing. It is high risky, right?
Vladimir BoikoFeb 6, 2023
Will share my story and the process, maybe it will be useful for someone.
Applied for Asylum in 2017 ~100 days after B2 admission, still waiting for the interview (pending asylum). Started PERM about 17 months ago, and my company is submitting I-140 right now.
I talk to 3 attorneys and they all have a different opinions:
Opinion #1: I485 will be 100% rejected since B2 visa lapsed a long time ago, just wait for the asylum interview and drop the PERM case.
Opinion #2: Its a gray area and some offices/officers can approve I485 with or without RFE, but based on their statistics, % of approved cases with pending asylum is dropping drastically starting October 2022. The attorney thinks that I should still proceed with a process, worst case just use this during interview or (my worst nightmares) immigration court to support your case (I really don't think rejected I485 based on PERM will make any difference for the judge...)
Opinion #3 It's totally possible that I485 will be processed before the asylum interview, they have many similar cases with approved I485 and I should proceed with the process.
I spend some time reading law myself, and for me it looks really straightforward, if you don't have legal non-immigration status (active B2, F or H1B visa) for any time during pending asylum you CAN'T adjust status, it's black on white...
After some thinking, I decided to proceed with a I485, it will hold back my career for couple years since I can't get a promotion (I'm checking Supplemental J form and how it can affect my case right now) but I'm willing to take even small chance of finish this hell.
Rose MarryFeb 9, 2023
Hi guys
I find sponsership eb3 unskilled visa
I entered usa as avisitor in july 2020
In january 2021 applied for extention
Cause i had covied that Sit me in bed
In june 2021 applied for asylum case
In 2023 i recived approval for extension
From valid jan 2021 to july 2021
My spesific question
If i adjust of status
Cause i get sponsership
Was I residence legal when I applied for asylum and am I entitled to adjust of status?
Good news FreeFeb 13, 2023
@butwhy Hi! Can you send me name of your attorney pls
Good news FreeFeb 13, 2023
@ no way hi! Can you send me name of your attorney pls
S KFeb 18, 2023
Hi guys, I am also in the same boat with pending asylum and EB-1 approved recently. I have not yet received the asylum interview date. Can you please share the contact details of your attorneys? my email is skamboj1906@gmail.com. I would highly appreciate your help. Thank you.
Truth finderMar 4, 2023
@no way can I have your email to ask some questions?
T TMar 8, 2023
@Gabriel Jaimes any updates on your case ?
Taniya ---Mar 10, 2023
Hello here .. am glad to see a helping community here. Would love to hear more from recent experiences of i-485 in the recent days.. Am another one on the same boat but still far in the process. Good luck to all of you!
Tamy AfraMar 17, 2023
my asylum's pending since 2016. no interview yet. can anyone advise what other options I may have to process?
JG ReyesMar 28, 2023
Hi guys, I’m in the same boat, with pending asylum and I-140 approved for EB3, but my lawyer says I need to go to consulate process, but I’m looking for apply to adjustment status, @Gabriel Jaimes @sherry isaac @no way could you share your lawyer’s contact? my email is reyesdjg@gmail.com thanks in advance!
Sameer IftikharApr 7, 2023
@ Vladimir Boiko
Best of luck i am planning to file i140 this week is there any way i can talk to you? If so please email me thanks
the.massege@gmail.com
S ZApr 24, 2023
Can I-485 and counselor processing be run in parallel?
Ruslan AbdulinJun 11, 2023
Hello everyone, I have a similar situation: pending asylum since 2016, no interview yet, planning to apply for EB-3. Could you recommend a lawyer with experience in AOS/Consular Processing?
@Gabriel Jaimes @no way @sherry isaac @JP GG @Alec Kan @Vladimir Boiko @P C
Daniel BorceanJun 16, 2023
Hello, Everyone,
My wife is principal asylum seeker, I am her spouse, And I had a chance to get green card thru my employer,
So, Long story short, EB3 green card with Asylum pending,
It has been 8 years of suffers and so much thing have changed in my home country,
We find out things getting better and no fear to coming back,
We decided to send asylum withdrawal, And sent last month,
Haven't recieve confirmation yet,
My question is,
Once, We have received that confirmation,
Can we visit back to our country and when we comeback with no objections?
D EJun 29, 2023
Hi all! thank u for creating this thread! I was really touched that I wasn't alone. I am very happy for those who have successfully obtained GC via EB application, and I hope that I can get GC one day soon! I have a similar case: pending asylum since 2017 (under 18 yrs & not primary applicant), the 1st interview in 2018( rejected) and then the court was originally scheduled for Nov 2021 but was postponed, and now no specific date for court. College new graduate this year in STEM field. If my company is willing to sponsor my EB3, is there still a chance to get a green card through EB3? Or is my only option to wait for asylum? i have been worried about my identity all time in the past few yrs especially after entering college. really thanks for help.
