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Asylum Based i-485

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  • Originally posted by Jasmine22 View Post

    So did the agent confirm that the case will be transferred? Another agent today has told me that even if you move, cases are never transferred automatically, unless there is a less busy center to transfer the case to.

    Can you please confirm? I’m a bit confused.

    Also, what is your application date?
    Yes she did confirm that case will be transferred but did not give me any idea when it will be. Just said check your case status or we will notify you by sending a notice of action.
    My application date is 02/19/2020
    Finger prints applied to the case 07/17/2020
    New address updated by USCIS 07/22/2020

    Comment


    • Originally posted by Lucky_ View Post

      Yes she did confirm that case will be transferred but did not give me any idea when it will be. Just said check your case status or we will notify you by sending a notice of action.
      My application date is 02/19/2020
      Finger prints applied to the case 07/17/2020
      New address updated by USCIS 07/22/2020
      According to my lawyer, whenever we make the address change (jurisdiction) the file won't move easily even if it is moved, it will put in the backlog or worst case scenario it will be lost (I hope it doesn't happen for you)

      I didn't mean to disappoint you Lucky_ below are just assumptions (**I hope its not true **)

      Especially at TSC now a days, everything is going into the backlog by the time they touch your file (2+ year) and sends your application to NSC (6+ months) and process it in (6+ months).
      You are looking around 3+ years to process your application and get decision.

      In the worst case scenario, if your file is lost then you have to refile it again which I have never seen but heard of.

      Its always best not to change the address after filing the application unless it is unavoidable

      Good Luck!
      Last edited by luckycharm4111; 09-03-2020, 08:37 AM.

      Comment


      • Hi All,
        Is it safe to travel back to US after one week travel with Asylum based GC. I have an emergency and need to travel back to my home country for one week. If there would be any problem when I come back to US, what should I expect at the port of entry? Will they revoke my green card?
        please help with any experience!

        Comment


        • Originally posted by Diamond2019 View Post
          Hi All,
          Is it safe to travel back to US after one week travel with Asylum based GC. I have an emergency and need to travel back to my home country for one week. If there would be any problem when I come back to US, what should I expect at the port of entry? Will they revoke my green card?
          please help with any experience!
          As per Instructions for Form I-131 Form 'Application for Travel Document':
          (...)
          WARNING: DHS may revoke or terminate your Advance Parole Document at any time, including while you are outside the United States, in which event you may be unable to return to the United States unless you have a valid visa or other document that permits you to travel to the United States and seek admission.
          (...)

          Travel Warning Regarding Voluntary Re-availment
          WARNING to asylees who travel to the country of claimed persecution: If you applied for asylum on or after April 1, 1997, your asylum status may be terminated if the U.S. Government determines that you have voluntarily availed yourself of the protection of your country of nationality or, if stateless, country of last habitual residence. See section 208(c)(2)(D) of the Immigration and Nationality Act (INA), 8 USC 1158(c)(2)(D).
          (...)

          So answering your question, it's the Immigration Officer who has the last word if he/she allows you to rentry to U.S. at the moment you come back.
          I would not do it.

          Comment


          • Thank you Zidane for your answer. Just wanted to clarify that I am a GC holder, so do you I still considered an Asylee?

            Comment


            • Originally posted by Diamond2019 View Post
              Hi All,
              Is it safe to travel back to US after one week travel with Asylum based GC. I have an emergency and need to travel back to my home country for one week. If there would be any problem when I come back to US, what should I expect at the port of entry? Will they revoke my green card?
              please help with any experience!
              Last year one of my friends went back to his country with asylum GC. You can go, but you have to prepare all documents that confirm your reason why need to come back into country you ask asylum from, and the reason has to be good. He said on his way back to US officer just asked how long he was traveling and didn’t check anything else.

              I’ve heard that when you gonna apply for citizenship they might ask you why did you go to you home country.

              But you have to talk to a lawyer about it.

              Comment


              • Thank you Trinity for sharing your friend's experience. I am visiting my sick mother and have her doctor's note. I am staying only for a week. Hopefully, it won't be a problem.

                Comment


                • Originally posted by luckycharm4111 View Post

                  According to my lawyer, whenever we make the address change (jurisdiction) the file won't move easily even if it is moved, it will put in the backlog or worst case scenario it will be lost (I hope it doesn't happen for you)

                  I didn't mean to disappoint you Lucky_ below are just assumptions (**I hope its not true **)

                  Especially at TSC now a days, everything is going into the backlog by the time they touch your file (2+ year) and sends your application to NSC (6+ months) and process it in (6+ months).
                  You are looking around 3+ years to process your application and get decision.

                  In the worst case scenario, if your file is lost then you have to refile it again which I have never seen but heard of.

                  Its always best not to change the address after filing the application unless it is unavoidable

                  Good Luck!
                  I have had a quick chat with a USCIS agent on the phone today, and she confirmed that it is not a standard policy for a case to be automatically transferred to a different office even if you moved to a state with another service center having jurisdiction over it. This only happens when one of the centers has fewer applications and is ready to accept some extra ones.

                  Comment


                  • hello. I submitted the form for a work permit after submitting i589. I made a mistake and submitted two days earlier. My hours of 150 days ended on 08/01/2020. 08.25.2020 I have to wait 365 days now to submit a new I765 application. Why the laws are so unfair. Because everyone has the right to make a mistake. Why can't the migration service renew my case I 765. I and my family have nothing to eat and nowhere to live. I ran away from my country to live under a bridge in this great country? please give an answer

                    Comment


                    • Hello. I applied my i485 in may 2018. And now after so many requests from the senator I finally got an RFE letter in which uscis is asking for medical exam form i693 and also the proof of my presence in the United states for the whole year between my asylum was guaranteed and i 485 application time. I m going to send the evidence sooner as possible but does any one know how long after I reply back the RFE notice they will pass my case. I mean how long it usually take after RFE response submission. ????????

                      Comment


                      • May 2018. Nothing yet..TSC.sucks????

                        Comment


                        • Originally posted by Sahiaman View Post
                          Hello. I applied my i485 in may 2018. And now after so many requests from the senator I finally got an RFE letter in which uscis is asking for medical exam form i693 and also the proof of my presence in the United states for the whole year between my asylum was guaranteed and i 485 application time. I m going to send the evidence sooner as possible but does any one know how long after I reply back the RFE notice they will pass my case. I mean how long it usually take after RFE response submission. ????????
                          After they receive your RFE response they have 120 days to check your case again and process but generally happens sooner.

                          Comment


                          • Originally posted by Zidane View Post

                            As per Instructions for Form I-131 Form 'Application for Travel Document':
                            (...)
                            WARNING: DHS may revoke or terminate your Advance Parole Document at any time, including while you are outside the United States, in which event you may be unable to return to the United States unless you have a valid visa or other document that permits you to travel to the United States and seek admission.
                            (...)

                            Travel Warning Regarding Voluntary Re-availment
                            WARNING to asylees who travel to the country of claimed persecution: If you applied for asylum on or after April 1, 1997, your asylum status may be terminated if the U.S. Government determines that you have voluntarily availed yourself of the protection of your country of nationality or, if stateless, country of last habitual residence. See section 208(c)(2)(D) of the Immigration and Nationality Act (INA), 8 USC 1158(c)(2)(D).
                            (...)

                            So answering your question, it's the Immigration Officer who has the last word if he/she allows you to rentry to U.S. at the moment you come back.
                            I would not do it.
                            Let me be clear:
                            According to DOJ EOIR case law as well as Federal Court case law, once you adjudicated to LPR status, you are no longer an asylee. Which means the termination grounds of asylum no longer applies to you.
                            This means, you can travel with your country's passport, apply for its passport, return to you home country, no longer has a well founded fear, get permanent resident status of another country and your asylum based GC cannot be revoked solely based on those facts.
                            The only way USCIS can revoke your GC/LPR status is through the same grounds other LPRs are subject to, such as inadmissibility grounds.
                            For example, if they can prove you committed fraud to obtain asylum, they can still revoke your GC.
                            This, however, is extremely rare and difficult to prove.

                            Comment


                            • Originally posted by Andreipiatnitckii View Post
                              hello. I submitted the form for a work permit after submitting i589. I made a mistake and submitted two days earlier. My hours of 150 days ended on 08/01/2020. 08.25.2020 I have to wait 365 days now to submit a new I765 application. Why the laws are so unfair. Because everyone has the right to make a mistake. Why can't the migration service renew my case I 765. I and my family have nothing to eat and nowhere to live. I ran away from my country to live under a bridge in this great country? please give an answer
                              Please take responsibility for your own action.
                              It is you that submitted the forms early, not USCIS's fault.
                              I urge people to take immigration requests seriously and consult legal resources if needed.
                              There are a lot of pro bono lawyers and NGOs can help you answering common questions and assist with your forms.

                              Comment


                              • Originally posted by freedom_bird2020 View Post

                                Transferred to Nebraska on 12/26/2019, as I said they never touch I 485 in TSC, only if you are lucky we get you case transferred to Nebraska.
                                Where do you get that information? May you please share. Thanks!

                                Comment

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