T T
Mar 8, 2023
EB3 while pending asylum
I’m pending asylum since 2016, no interview yet. In May 2022 got I-140 approved. same month filed 485. Since the last 9 months the case status says “ On June 9, 2022, we transferred your Form I-485, Application to Register Permanent Residence or Adjust Status to an asylum office for processing.” Not sure why they would transfer my AOS to the asylum office. Anyone in the same boat?
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dak zekeMar 8, 2023
did you have a valid status when you applied for 485?
T TMar 8, 2023
@dak zeke I was on B2 tourist visa, applied for asylum within 6 months, since 2016 waiting for an interview, in 2021 started the eb3 process
God is good savior of the world (Jesus)Mar 8, 2023
when did you apply for AOS?
T TMar 8, 2023
@God is good savior of the world (Jesus) in May 2022
NIW/GC ApprovedMar 8, 2023
I am in a similar situation- pending asylum and Eb2 green card. I applied for asylum in 2019, nothing yet and applied for i140/i485 Feb 2022. But I maintained my F1 throughout In fact, I am still on F1 (PhD OPT with an approved i140 that is currently in at the National Benefits Center). From my understanding, you cannot apply for employment-based green card if you are not in status. You went out of status after your B2 6 month period. Unfortunately, they don't consider a pending asylum case as a "valid status" . i485 is for Adjustment of status but you don't currently have a status. they only waive the status requirements if you are filing through a spouse (US citizen).
Maksim MMar 8, 2023
Based on my understanding you can get your GC only through marriage or asylum since you are technically out of status. Talk to immigration lawyers ASAP
dak zekeMar 8, 2023
@Tamara T you need to hire a good law firm to look at your case cause it will get denied. you will have to pursue consular processing. if your i-140 is approved, you can get started right away. please contact a reputable law firm immediately
T TMar 8, 2023
@dak zeke I have a lawyer from the company I work for. he told me just to wait
Maksim MMar 8, 2023
Have you informed your lawyer about your pending asylum?
T TMar 8, 2023
@Maksim M of course I did
Maksim MMar 8, 2023
T TMar 8, 2023
@Maksim M thanks for sharing ! I saw that post. I just wanted to see if anyone else had the same case status that I currently have while doing 485 employment based adjustment
shee MwasMar 9, 2023
I do have asylum case pending filed 2018 n 2021 I filed adjustment of status 1485 ,1130 n 1765.
nothing upto date. only EAD approval after an year.
Q QMar 10, 2023
pending Asylum since 2016 . File EB3
i-140 Approved
i-765 Approved
I-131 Approved
Medical RFE submitted on RFE
Interview Done
After 4 months revived NOID you can’t adjust your status .
Reply to NOID now wait for Final Decision
Guys need your prayers
Truth finderMar 16, 2023
good luck @NOID
T TMar 16, 2023
@Q Q good luck! can you please let me know when did you apply for the I-485 ? what did you provide in the response for the NOID ?
Q QMar 24, 2023
@Tamara T Still waiting
T TApr 5, 2023
@Q Q any updates for you ?
Q QApr 5, 2023
nothing
Anton SApr 7, 2023
don't want to spoil, but better to be prepared for the worst. it is about 1% chance that someone gets approved with asylum case in pending status. I just got denied yesterday with absolutely the same case as your. but in my case I was 99% sure that it won't work. you had to maintain some other status while waiting for asylum interview. pretty much only what can help you if you couldn't renew your status because your passport expired. even with that it would be a "chance"
T TApr 10, 2023
@Anton S are you going to do a consular processing ? what your lawyer says ? can you please also share your timeline and field office ? how long it took till you applied for AOS and your case got rejected ? thank you !
Anton SApr 12, 2023
My Case Timeline
(Created with Lawfully on Apr 11, 2023)
Category: EB3-2 (Skilled worker (requiring at least 2 years of specialized training or experience))
Total Days: 209 days
I-765
Start: Sep 09, 2022
Decision: Nov 09, 2022
@National Benefits Center
I-485
Start: Sep 09, 2022
Decision: Apr 06, 2023
@National Benefits Center
● Oct 13, 2021 / I-485 / Priority Date
● Sep 09, 2022 / I-485, I-765 / Submission to USCIS
● Sep 15, 2022 / I-485, I-765 / Biometrics, i.e. fingerprint and photo
● Nov 09, 2022 / I-765 / Decision (Approval or Denial)
● Feb 04, 2023 / I-485 / Interview
● Apr 06, 2023 / I-485 / Decision (Approval or Denial)
and idk about consupar processing. I mean idk if I'm going to do that or not
T TApr 12, 2023
@Anton S thank you for sharing ! what are your next steps if you don’t mind ?
God is good savior of the world (Jesus)Apr 18, 2023
@Anton S which office process your i485? was it transferred to field office?
T TApr 23, 2023
@Q Q any updates for your NOID?
Q QApr 23, 2023
nothing lolz
T TMay 15, 2023
@Q Q how are you ? did you hear anything from the USCIS ?
Q QMay 16, 2023
nothing . still waiting
T PJun 3, 2023
@Q Q I have a similar situation such as yourself. Can you please clarify when you received an NOID, how much time did they give you to respond and how long have you been waiting since you sent a response. I’ve just received the notification, waiting for the actual letter to come in. Just want to be prepared to what’s to come.
Q QJun 6, 2023
NOID in fab 2023 . time was 30days . reply within time but still no response
Q QJun 6, 2023
qureshi6666@icloud.com you can email me @T T
Vlad SnezhniiSep 7, 2023
is anyone went trough concular process leaving the US? in my case this is the only option, please share your experience
T TNov 8, 2023
case was transferred to a new office
parvin immigrantJan 9, 2024
any updates on your case?
T TMar 29, 2024
just to give everyone an update on my case: my case was approved and I received my green card. I was extremely surprised as I didn’t expect this case to be approved since the last 2 years all eb cases based on pending asylum were rejected. I would still not recommend to do the eb process based on pending asylum since the chances are extremely low
P CMay 10, 2024
@T T CONGRATSS!!! This is a hope we can have yet. Which office approved the i485 case?
Zu SantanaJun 12, 2024
hi, congratulation for your approval! did you have the interview? which state you are? what did you provide as a proof of legal presence?
Freddy JkNov 3, 2024
@T T congrats, have you received NOID? what documents have you sent to them?
S_ SNov 19, 2024
Hello guys. Trying to get the challenge, you did a few years ago. 2017 Pending asylum to EB3 green card. Please, help me with recommendations , any good lawyers ? Please, help…
My email franzz.corp@gmail.com
