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Immigration
Adjustment of Status - I-485
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Just filed my I-485 while asylum case still pending
Hi everyone,
I have a question about my AOS and any advice will be greatly appreciated.
I’m currently married to a US citizen and just filed yesterday my I-485 and I-130 concurrently. So I believe my PD will either be Mon May 14th or Tue May 15th! On the other side I have an asylum case that has been pending for 5 years due to backlog. However, in addition, my asylum interview is scheduled for next week. I told my lawyer about the situation and he suggested that we will have to withdraw my asylum case as soon as we get the receipt notice for my I-485 application, even though I have read online that it’s best to wait until your GC is approved. I’m also concerned that if I miss my asylum interview, my case will be sent to court proceedings but my lawyer said that we should be fine as long as we get the USCIS I-485 receipt notice before the Notice to appear to court, that way we can withdraw from asylum and only proceed with my AOS application. So I have few questions:
1. I’m concerned that if I miss my asylum interview, my case will be denied and sent to court and hence jeopardizing my AOS. Can USCIS still process your AOS if your PD is before court’s NTA date?
2. Is it a good idea to withdraw my asylum application before I receive decision on my GC?
Please any advice, insights or similar experience will be greatly appreciated.
Thank you very much!!!
I have a question about my AOS and any advice will be greatly appreciated.
I’m currently married to a US citizen and just filed yesterday my I-485 and I-130 concurrently. So I believe my PD will either be Mon May 14th or Tue May 15th! On the other side I have an asylum case that has been pending for 5 years due to backlog. However, in addition, my asylum interview is scheduled for next week. I told my lawyer about the situation and he suggested that we will have to withdraw my asylum case as soon as we get the receipt notice for my I-485 application, even though I have read online that it’s best to wait until your GC is approved. I’m also concerned that if I miss my asylum interview, my case will be sent to court proceedings but my lawyer said that we should be fine as long as we get the USCIS I-485 receipt notice before the Notice to appear to court, that way we can withdraw from asylum and only proceed with my AOS application. So I have few questions:
1. I’m concerned that if I miss my asylum interview, my case will be denied and sent to court and hence jeopardizing my AOS. Can USCIS still process your AOS if your PD is before court’s NTA date?
2. Is it a good idea to withdraw my asylum application before I receive decision on my GC?
Please any advice, insights or similar experience will be greatly appreciated.
Thank you very much!!!
All Replies (16)
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