Asylum Based i-485

[Diamond2019]

Please I need help with RFE response!
I received a RFE for my asylum based GC and it states that I did not complete Part 14 of I-485 form (Additional information and explanation is required). They are saying that I checked yes on Part 8, Question 24.a as I was on J-1 visa with two years foreign residence requirement!
But I am an asylee now and asylum status should be eligible for AOS!
Should I be worry about this?

[rmy51116]

Please I need help with RFE response!
I received a RFE for my asylum based GC and it states that I did not complete Part 14 of I-485 form (Additional information and explanation is required). They are saying that I checked yes on Part 8, Question 24.a as I was on J-1 visa with two years foreign residence requirement!
But I am an asylee now and asylum status should be eligible for AOS!
Should I be worry about this?

Reply them with explanation letter saying you are exempt from it as it is asylum based AOS. Which center ? When did you file?

[Diamond2019]

Thanks for your reply rmy51116. I applied Feb 2019 TSC.
They should know that I am exempt from this visa as I indicated in the I-485 application that I am an Asylee

[Diamond2019]

Reply them with explanation letter saying you are exempt from it as it is asylum based AOS. Which center ? When did you file?

I applied for me and my family (wife and son). They also indicated to add explanation for receiving public assistance for my wife and son.
So the RFEs for three of us basically

[Jasmine22]

I applied for me and my family (wife and son). They also indicated to add explanation for receiving public assistance for my wife and son.
So the RFEs for three of us basically

May I ask you what public assistance did you exactly receive? Food stamps, unemployment, MedicaId? During coronavirus, I applied for unemployment for the first time ever, and applied for Medicaid. I am anxious now because of that.

Can anyone please advise If unemployment and Medicaid could affect my eligibility to approve my I-485?

Thanks a lot!

[Kashigill]

May I ask you what public assistance did you exactly receive? Food stamps, unemployment, MedicaId? During coronavirus, I applied for unemployment for the first time ever, and applied for Medicaid. I am anxious now because of that.

Can anyone please advise If unemployment and Medicaid could affect my eligibility to approve my I-485?

Thanks a lot!

Hi, being an asylee we are exempt from public charge rule, it clearly says that refugee and asylees have exemptions from public charge rule. Also unemployment or pua is not a public charge.

[Jasmine22]

Hi, being an asylee we are exempt from public charge rule, it clearly says that refugee and asylees have exemptions from public charge rule. Also unemployment or pua is not a public charge.

Thanks. Is Medicaid a public charge? I had it for one month only, and have never used it. I am about to cancel it on Monday..


Super anxious about it..

[Diamond2019]

May I ask you what public assistance did you exactly receive? Food stamps, unemployment, MedicaId? During coronavirus, I applied for unemployment for the first time ever, and applied for Medicaid. I am anxious now because of that.

Can anyone please advise If unemployment and Medicaid could affect my eligibility to approve my I-485?

Thanks a lot!

I did not receive any assistance, but my wife and three kids (two of my kids are citizens) received medicaid and SNAP for 6 months in 2018 when I was a student.
As an asylees we should be exempted from public charge rule and previous visa status. However, I-485 form filling instructions indicate that if you answer YES to any 69 Questions of Part 8, you should provide explanation. I am not sure what explanation we should provide in this case for both previous J-status and public assistance. I am really worry!

[Diamond2019]

Hi, being an asylee we are exempt from public charge rule, it clearly says that refugee and asylees have exemptions from public charge rule. Also unemployment or pua is not a public charge.

This is correct.

[Kashigill]

Thanks. Is Medicaid a public charge? I had it for one month only, and have never used it. I am about to cancel it on Monday..


Super anxious about it..

Hi Jasmine,
you dont have to cancel your medicaid and health is basic necessity for us and for our families. As i said being an asylee we can take medicaid as well, if your income is low you should get it. Being an asylee we will never asked even to show our income to USCIS so doesn’t matter what kind of assistance you are getting its still ok.

[Kashigill]

I did not receive any assistance, but my wife and three kids (two of them are citizens) received medicaid and SNAP for 6 months in 2018 when I was a student.
As an asylees we should be exempted from public charge rule and previous visa status. However, I-485 form filling instructions indicate that if you answer YES to any 69 Questions of Part 8, you should provide explanation. I am not sure what explanation we should provide in this case for both previous J-status and public assistance. I am really worry!

Hi,
If your wife and kids are citizens then they can take any kind of assistance include snap benefits or medicaid and that question of public assistance this explanation that being an asylee we have exemptions is more than enough. Before sending any reply I suggest you to consult an immigration attorney, it’s definitely worth to spend some money rather getting it more delayed for some improper response.
Good luck and good news for us in your case is that at least Texas service center is reviewing cases of February 2019.

[Jasmine22]

Hi Jasmine,
you dont have to cancel your medicaid and health is basic necessity for us and for our families. As i said being an asylee we can take medicaid as well, if your income is low you should get it. Being an asylee we will never asked even to show our income to USCIS so doesn’t matter what kind of assistance you are getting its still ok.

I lost my job and my insurance due to Covid 19. Hopefully, they would take the pandemic in consideration.

[Jasmine22]

This is correct.

Please do not worry, and do not rush your answer. Think about it, and of course ask for advice from an attorney.

Im glad you have got at least SOME attention in regard to your case. Your case is moving! Congrats with that!

[luckycharm4111]

May I ask you what public assistance did you exactly receive? Food stamps, unemployment, MedicaId? During coronavirus, I applied for unemployment for the first time ever, and applied for Medicaid. I am anxious now because of that.

Can anyone please advise If unemployment and Medicaid could affect my eligibility to approve my I-485?

Thanks a lot!

Asylees are exempt from the public benefits which may be food stamps, unemployment, Medicaid etc.,

FYI here is the link from USCIS I-485 public charge rule : https://www.uscis.govhttps://www.immihelp.com/greencard-decoding-characters/gre.../public-charge

[rmy51116]

I applied for me and my family (wife and son). They also indicated to add explanation for receiving public assistance for my wife and son.
So the RFEs for three of us basically

I don’t know why they asked you explanation. Sometimes they did by mistake. Asylees are exempt from all of the above including public charge. Just write a nice explanation letter. Use lawyer probably he can indicate the section no. based on which your exempt and send it to them. Don’t worry you will get your approval soon. All the best.