Congrats 🎊🍾

thanks!

I used to read your comments back in the day around in different posts.. just happy for you that all is over now after a very long journey. Enjoy! 🍾

congrats ! did you got your EAD combo card how many times ? it took too long ?

@A G such group was so helpful! best of luck for you too 😊

@Eumelio I’ve never applied for combo card, I had my EAD based on the pending asylum case and renewed it two times 2 years each after the first issuance

what was your RFE about?

im pending asylum and marriage based i485. does that cause issues for the case?

Congratulations. Kindly share the contact of your lawyer that responded to your RFE.

rfe was requesting 3 things -proof of maintenance of status -new medical -proof of employment authorization

@Sherry Isaac.... kindly share the lawyer's contact information please

What did you provide as proof of maintenance of status please?

@G K I believe marriage based is different story but you can recheck with an attorney and ask for others experiences who are in the same boat

@ Helen her name is Suzanna and she’s in California, my husband was the one in toud with her so I ll get you her contacts in the morning. she proved that ai maintained status with my pending asylum reciept, couple of letters that I asked for expedite for the asylum interview so the delay is not my fault and finally there was a memorandum that states that pending asylum is one of the exceptions that won’t accrue unlawful presence

@ sherry Isaac... Thank you!

Sherry Isaac.. please don't forget to send the lawyer's contact

Congratulations sherry isaac! My main concern is about the accumulation of unlawful presence, since I am in the same situation, pending asylum and awaiting an interview for adjustment of status. Did they interview you? Did you withdraw your asylum?

@Gabriel thanks and wish you good luck too! my case was same as yours and the challenging part of the rfe was the proof of maintenance of status for the period while I was pending asylum after my visior visa expired till I applied for the employment case ( around a year and half). I’ve never had the aos interview it was waived. My asylum attorney will be sending a letter to withdraw the case next week.

@Helen her name is Susanna Dvortsin and she is in California 562 789 4000 although we got approved our case was new to her and she gave us hard time until she replied to the rfe. to be honest I’m not recommending her bit it’s up to you!

Thank you Sherry. I appreciate you

congratulations 🎉! did you have an interview?

@jj thank you! no interview and they used my fingerprints that i did back in feb 2020

hi Sherry, Congratulations, I was just wondering if you had applied to withdraw the asylum application and did USCIS respond to you? If so what did you write on the letter? Thanks!

@Mi Mi yes my attorney sent on my behalf letter to suspend my asylum application stating I already got my green card through employment visa and i no more need my asylum application. that was 2 months ago and I’ve never heard back!

Hi sherry isaac I am in the similar position as you were but now my scase is being transferred to another office probably National benefit center. I hope we also get the same result as yours

@muhammad saeed good luck!

@sherry Isaac, thank you for sharing your journey. I am exactly in the same boat. I have a pending asylum at TSC since 2018. My AOS I-485 based on approved I-140 NIW(Approved in may 2021) is still pending for over 10 months with NBC receipt number. Emma says my application is at TSC. I don’t know why it’s at TSC because I never receive a transfer notice. I wonder is it because of the pending asylum? i hope the pending asylum doesn’t give any issues to my AOS. I wonder when I will receive approval of my AOS. Need some insight…thanks :-))

@Azi a friend of mine has a situation could give some insight. He applied for asylum, after the interview his case transferred to court to decide. The court gave an appointment like somewhere in 2024. While pending, he got married to US citizen. His i130 got approved, but AOS won’t be adjusted until he clears his asylum case in court. You may consult with your attorney if you could withdraw the asylum case since you already got the NIW approval.

thank you @A G. I spoke to two attorneys asking if I should withdraw my asylum application. the two attorneys advised me to wait until the AOS gets approved before withdrawing the asylum. I have never received an interview for my asylum. it’s just pending.

Oh yeah I totally understand this friend applied asylum in 2013 got interview in 2019.. its like after 6 years 😅

@Sherry thanks for sharing your journey. Were you in removal proceedings from your pending asylum? Sid your visiting visa or your lawful stay elapse before you applied for asylum? a you said you for your employment based green card so does that mean after your EB2 you applied for AOS?

@lolo I applied for asylum while my visa was still valid. as for the aos I applied concurrently means same time with the eb2

Hi guys, i got rfe for medical from field office. as my status is pending asylum and pursuing eb-3. is it good sign if i get rfe from field office that interview is waived. any suggestion

@Muhammad, it's a good sign. If the RFE is only medical, you're likely getting your green card soonest. It shows there is no need for interview (case is straightforward).

Hey guys, I just got my I-140 approved and applying for 485 in the coming weeks. Can someone share what evidence you attached for maintenance of status?

@casey k Your lawyer will have to mention about you maintaining the status. they are going to do it you’re not gonna do it from your side

sherry isaac, have you received a notification about your asylum withdrawal from USCIS?

@Sheery, many congratulations. I have been consulting with multiple attorneys and when they get to know about my case is pending in removal proceeding they refuse to pursue. Was you case in removal proceeding or pending in USCIS? I will appreciate your response. Thanks

@ shelly nidhi. Your case should be pending with uscis. it should not be refered to immigration courts. once it is refered to court then you cant apply for EB-3 or any Adjustment of status

@boy besty, my asylum attorney can try to get me AOS once I-140 get approved. However,, she isn’t expert in NIW EB1/EB2 and asking me for any expert attorney to consider. I found a person on an other forum, he got I-140 approval with pending case in court and gave me the information of his attorney. I have consultation with her soon and update you all. However, one case doesn’t give much hope. I am looking for anyone else with same situation and succeeded. I know it is difficult but not impossible.

@ shelly nidhi….. I hope you have done your consultation with that attorney what was the outcome did you got answers about adjustment of status through employment based from removal proceeding

i have consulted around 5 attorneys paid and unpaid consultation, three out of them refused to take my case however, two responded it doable and when I ask them to give me the steps from beginning to end in written she backed up. One want to study more about it and let me know next week.

I would suggest be careful during this process, most of the attorneys gives false hope and ask more money and gives no garranty.

@ shelly nidhi….. i told you that once case is refered from asylum office to EOIR. then it is out of the hand of USCIS. they cant adjust status. Recently 3 of my friends got green card from pending asylum to eb-3. Their asylum was in USCIS office for around 5-6 years

Everyone in here Please give me an advise. I have asylum pending in court EIOR. I also have i140 approval based on EB3. My lawyer asked me to cancel asylum and get consulate processing. I applied asylum while i was in student visa (never overstay) But I gave up student status a year later. Has anyone had any experiences to go their home countries for consulate. Please advice!!! Appreciate it!!!

@Sherry Isaac I learned recently that my AOS 485 based on EB2 NIW file has been transferred from an FO in Florida to Houston asylum office. Did you experience that while waiting for AOS? I want to know why the file got transferred to the Houston asylum office because asylum office has no jurisdiction over adjudication of AOS? I have always been lawfully presence I. the USA. I am currently on H1B. Anyone has the same experience or know anyone going through the same please let me know. my story : I have a pending asylum since 2018. After I applied for asylum, I applied for NIW I-140. The NIW-140 was transferred to the houston asylum office and was stuck there for almost two years. My lawyer had to ask ombudsman to get the I-140 moved back to the USCIS Texas service center. Ombudsman request was successful and my I-140 was transferred to the TSC for adjudication. My I-140 got approved May 2021. I then filed for AOS 485 in July 2021. This morning I learned that my 485 was transferred to Houston asylum office in September 14, 2022. My question is (1)why the 485 got transferred to the asylum office while the asylum office doesn’t have the ability to adjudicate the 485. (2) what the asylum office is doing with my 485 (3) Will this delay my 485 approval? If so, how long? (4)What do I need to do to move the 485 back to the USCIS for adjudication? (5) will it be helpful to withdraw my asylum so the 485 process can move forward? (6) if I withdraw, will the asylum office release my 485 to the USCIS. I need help what to do so my AOS 485 will be approved soon. Thank you.#asylum #i485#i140#houston

@Fnu Iwan, it’s very risky canceling asylum case and go back to your country for removal proceeding. I know few attorneys has helped people to get green card here. If you want we can talk over the phone and I can give you more detail about it. Thanks

@Shelly Nidhi, Hi Shelly, Yes please, can I talk to you? I need to talk to you ASAP. Can you send me your phone number to Lie1_sky@yahoo.com I will contact you right away. Thank you Shelly!!!

Hi everyone, thank you for sharing all these, I thought I am the only one going through this. I am seeking asylum with removal stage at the court (already had the final hearing date, next year on May). I also have my company applied for Eb-3 since August 2020. I got my petition on last July. At the moment it’s on national visa center. I didn’t have chance to do adjustments of status so it’s going to be consulate process. It’s been a while we got notified from NVC, they said we need to contact other countries US consulates if they are excepting me for the interview. My lawyer already contacted for 5-6 countries( Sweden, Finland, Norway, Denmark, Austria, Germany, and Canada, Mexico) Sweden, Finland, Norway and Denmark said no. No answer from Austria, Canada, Mexico. Germany said would consider but asking if I can get a Schengen visa. I checked for it and they ask for re entry permit to US for the visa application. So I need to apply for advanced parol and for that my immigration court’s judge opinion will be considered. I don’t know what to do, my lawyer told me to give up because I don’t have enough time before my court time, it needs to be done before may 2023. I waited too long with pain and don’t want to relay on asylum court. I consulted many lawyers some of them told me drop asylum case and go back your country for the eb-3 interview, I think this is too risky but I don’t know, it seems better than waiting and attending painfully court. Please help me with any idea, does anyone have the same situation? So sorry for the long type but I am so desperate I cannot even sleep!

Hi Gina, I do know your pain. I’m in the same boat as you. As of now, the good thing for me is I’m eligible for cancellation of removal through my mom. My court date will be January in 2 months. My lawyer told me he will fight for cancellation first. If failed, He will request volunteer departure and go back to my country for consulate processing. As long as you have no overstay visa and never work without authorization, you should be fine. My lawyer told me He has 3 clients exactly in our position, they all came back with their greencard. I also know it is very risky to get out from the US. I feel your pain and I’m in the same situation as you. You can email me to lie1_sky@yahoo.com. we can share contact information if you want to. I never want to leave the US after 16 years living here. but my lawyer convinced me to do so since He has several clients got their green card returning to their countries after cancelling their asylum. Goodluck!!

Thanks Fnu Iwan, I am so confused. I think eventually I am going to drop off the case and go back to my country for interview but still have some hope for now. at least for couple of months more.

I am confused as well. I have no overstay record and never work without authorizarion. but after asking so many lawyers, none ever said I could adjust my status in the US. So, yeah. I might take a risk to win big rewards. My whole family are here and settled down as citizen and permanent resident. I was the first person came to US and fought for all family to come. I guess i would be the last to get it.

guys here is the group for the pending asylum to eb-3. Anyone would like to join this group most welcome so we can discuss the experiences and the obstacle with each other and take some advices. https://www.facebook.com/groups/2096321220555213/?ref=share

hello - my 485 file has been transferred out of the Asyluk office to SRC

@Fnu Iwan, emailed you. thanks

@Sherry Isaac I am pending asylum and I am applying EB2 and I got approval for PERM and I will apply for I-140 and my lawyer company told me that I-485 is so diffuclt and I need to know what you did for yours and what RFE documents. Could you please help me

My laywers didnt done anything for me. for that reason my i-485 got denied. Now a days they are denying for so many peoples. i had started my consular process.

@Guy InWait I am sorry for that Are you pending asylum and you have applied for EB2?

i am pending asylum and applied for EB-3

@sherry isaac, I'm also in same situation, I was in asylum pending in USCIS then I applied for EB3 employment base , I got all the receipt number of I-485. Do we need to withdrawal the asylum case? If asylum interview come earlier than the EB3 employment base then what will be the situation. Can I get the name of attorney who helped you to finalize the case please? I'm so stressed please help me. If you can want to send me email please ishwor_05@yahoo.com. Thank you, May God Bless you and your entire family.

@sherry isaac This post about your case has given me a bit of hope in a dark journey to resolve our status in this country. I am in exactly the same situation, I am even in the RFE phase of the i485. Is it possible that you could share which memorandum they used to justify that pending asylum is not illegal presence? Thank you.

Hello Sherry, congratulations on your case approval. I hope have already received your GC. Thank you so much for sharing this information with us. I got very much inspired by your post and I applied for EB-1 while having asylum pending and with God grace my EB-1 application has been approved this month. Now I am afraid of the next steps because what I came to know- I have to go outside of the US for consulate interview which seems a bit risky since I have an asylum pending and I am scared if I get stuck out there. Could you please enlighten me on the next steps and how can be the consulate interview waived off because you also had your asylum case pending when you got I-140 approved. I would greatly appreciate your help. Thank you so much in advance.

@boy besty what is the status of your case? I hope you have already received your GC. I am stuck in the same situation and I don’t know how to come out of it. I am trying to find out a good attorney but I don’t know any.

@ S K my case was denied last year in october 2022. the reason was “Pending asylum is not lawful status”. so now i filed i-824 to transfer my approved i-140 to NVC for consular process in third country. also i applied for Advance parole based upon pending asylum. i sent out emails to us embassies in various countries out of those email, one country agree to accept my case as a third national. hopefully will go to that country for interview once i-824 and advance parole is approved

@Guy InWait sorry to hear that. which USCIS office denied you application? did you send any cover letter or any memorendum along with I-485 to explain your situation? and is you asylum case is still with USCIS or has been transferred to an immigration court?

my case was denied by Philadelphia field office. yes explaination was sent and my asylum is still pending for interview. not yet transfered to court. From October 2022 onwards they start denying everyone case. I have seen few more peoples cases who are being denied.

@Guy InWait that is scary. I am also going to applying for I-485 soon and now I am scared after reading your comment. which state are you located in? and would you mind telling me who is your attorney? I am located in NJ, which field office will be handling my case?

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?

@Tamara T do you know which asylum office have they sent your case?

@S K it’s in Chicago office

@Tamara T do you have your asylum case with the same office? would you mind giving me your contact? I have a few questions since I am also in the same situation. or if you can reach me out at skamboj1906@gmail.com.

@S K sent you an email

@Tamara T any updates on your case?

@S K nothing yet

@S K @T T I am on the same boat too. Filed I-140 and I-485 concurrently in April 2022. I-140 was approved right away. I-485 was transferred to and has been at the Boston asylum office since May 2022 (according to Emma agent)

@shelly, Did you end up finding an attorney? Or does anyone else know of an attorney who can handle asylum and employment based AOS?

@user123 4 @T T, I wish this boat takes us through 😄. @user123 4 if I am not wrong your asylum case should be with the same asylum office. Which category was your I-140 based on? and do you still have the priority date current? and which USCIS service center sent your case to the filed office?

@S K I don’t think I saw the I-140, only the lawyers, but I have a bachelor’s and have been working for a few years, so it should have been EB3 skilled (H1B then PERM then I-140&I-485). I also have H1B and TPS so I’ve had a status other than pending asylum. As for the asylum case, I didn’t ask but it would make sense for it to be in the same office cause that’s near where I live.

@S K all I know is that my AOS case initially went to NSC (LIN) and ended up in the asylum office a month later. It probably went to NBC in between. Do you have any updates?

@user123 4 is your priority date is current? I think the I-485 processing depends upon the priority date. If PD is not current then they put it on hold untill the PD becomes current again.

@user123 4 what is the status of your asylum case… any interview in the asylum office?

@S K no interview for asylum, I heard they are doing last in first out so I stopped following up on it a long time ago. My PD is current, I’m ROW.

Hello @sherry isaac. I know you are not active here anymore. I wanted to ask you a few questions if that is ok with you. Could you please tell me your email I’d or if you can reach me out at skamboj1906@gmail.com. I would appreciate it.

any update

@Azi A, any updates on your case? My 485 is at the asylum office right now. I would like to connect to ask some questions if it's ok. Thank you

@Ana Lina I’m in the same process. my 485 also now at the asylum office. what’s your email ?

any update guys?

Any approvals guys? 😊come on.. get in touch guys. All the very best to everyone 👍👍🙏

Any approvals? All I have seen recently is denial letters... :(

Hi i am living in Houston Tx my asylum was filed in May 2017 with j1 visa and I waited like 5 years for 1st interview with uscis and then finally I expedited my interview in 2021 and I was referred to the court EOIR Houston. my judge told me to come on jan 2022 for master hearing and just before January she cancels my master hearing and said we will send you final hearing date but until now there is no calendar date on my profile and i talked to congressman i submit all the evidence, but they didn't send any notice. i met 3,4 attorneys most of them said you cannot adjust your status through eb2, eb3 since you are on j1 and also your case is in the court, but some said you can marry to adjust your status. please advise me what should i do. my court is not giving me a new date. and i don't have any alternative. please share your journey if you are in same situation.

@MUhammad ali yes your attorneys are right. you can not adjust your status via EB process since your case is not with USCIS anymore. It has been transferred to the immigration court so USCIS is unable to take any decision on your case at the moment. I hope it helps. good luck!

@sk thanks im still looking for a possible solution to adjust my status.

@sherry Isaac hoping you answer the latest questions. Btw congrats on getting your green card. I'm considering applying to the EB-2, a law firm studied my case and said my situation is very promising to be approved. However, they were very clear about the status of my pending asylum case; I am not sure what to do. Any advice or recommendation you can provide?

Guys I have been in this process for a while and many things are very clear to me. If you have a pending asylum case with USCIS and no action has been taken by the USCIS then there is a possibility that you can adjust your status without going outside of the US (remember- still there is a 50-50 chance because it totally depends upon the officer but hope is there), however, if your case has already been transferred to the immigration court then there is no way you can adjust status by EB process. The only way is the consular process.

@sk what is consular process.

@MUhammad ali for consular process you need to apply for an interview with consulate in a third country. A legal guidance would be great.

Hello! I’m new here, my LC is in process for EB-3. I’m on B visa at the moment, shall I go for asylum or is there any other way to maintain my status? One lawyer advised me not to apply asylum and that won’t get I-485 approval the other said you can get approval for i485 as pending asylum. Please advise me if some one went this process. Thanks

@S K Have you had any luck with the AOS in the US with pending Asylum? I talked to lawyers and they had mixed opinion on this and like you said it is 50-50. Looks like back in 2021 it was possible to do but now USCIS has changed some laws...

@Guy InWait - So sorry about the denial. I also have a pending asylum case before an immigration court and my lawyer already advised me consular process is the only pathway of getting my green card through an employer’s sponsorship. I however cannot return to my home country so I am curious about your process of writing to US consulate offices in third countries. Do you have to be a citizen or resident of the third country where consulate office is located? Please advise. Thanks a lot!

@Dede adele please join this group which is specifically for Pending Asylum to employment, best green card. Where are you can ask about all of you are required information about consular process. https://m.facebook.com/groups/2096321220555213/?ref=share&mibextid=S66gvF