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Asylum Based i-485

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  • Friends in the forum, I would like to ask a question, if I don’t want to wait for 485 now, can I apply for 485 again with citizen invitation? Will this be faster. I have been waiting for 9 months.

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    • Originally posted by cabhavinpatel14 View Post
      Today I see the following post in lawfully apps:
      I cannot see anything, but I’m curious what is written there though ..

      Comment


      • cabhavinpatel14 sorry but it's impossible to read it, once I try to zoom it in it's very blurry

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        • Originally posted by Dream Team View Post
          Question on I-485. "Have you EVER been arrested, cited, charged, or detained for any reason by law enforcement?"

          I have called to the local police department in my home country several time. How should I answer this question? SHould I mention all of my questioning in police station with all details such as date, time, location duration and the reason? If I list them, the space is not enough. Please help!

          I will not be able to get attorney and any help would be appreciated
          I see this happens all the time.

          People trying to save the money by not getting an attorney.

          Piece of advise, DON'T.

          If you have a case, like yours, that might got complications, I suggest you get a competent attorney. People regret big time if they screwed up their own case.

          General advise is you check "no" to the question if it is not an arrest, citation, charge nor detainment.

          Then, in additional info page (last page), write down the section and question #, then write "See attachment"

          Then you write a statement with as much detail as possible such as the info you provided.

          Comment


          • Copied from USCIS News.

            "USCIS Issues Policy Guidance on Deference to Previous Decisions


            Release Date
            04/27/2021
            USCIS is issuing policy guidance in the USCIS Policy Manual instructing officers to give deference to prior determinations when adjudicating extension requests involving the same parties and facts unless there was a material error, material change, or new material facts.

            With this update, USCIS is reverting in substance to prior long-standing guidance issued in 2004, which directed officers to generally defer to prior determinations of eligibility when adjudicating extension requests involving the same parties and facts as the initial petition or application. In 2017, USCIS rescinded the 2004 guidance."

            I think its a step in right direction. New government is trying to fix USCIS but it will take time. I am praying to be alive to see the change because in Covid days you never know. Waiting for last 2 years. I 485 At TSC. April, 2019.

            Comment


            • Originally posted by Prince Ali View Post
              Copied from USCIS News.

              "USCIS Issues Policy Guidance on Deference to Previous Decisions


              Release Date
              04/27/2021
              USCIS is issuing policy guidance in the USCIS Policy Manual instructing officers to give deference to prior determinations when adjudicating extension requests involving the same parties and facts unless there was a material error, material change, or new material facts.

              With this update, USCIS is reverting in substance to prior long-standing guidance issued in 2004, which directed officers to generally defer to prior determinations of eligibility when adjudicating extension requests involving the same parties and facts as the initial petition or application. In 2017, USCIS rescinded the 2004 guidance."

              I think its a step in right direction. New government is trying to fix USCIS but it will take time. I am praying to be alive to see the change because in Covid days you never know. Waiting for last 2 years. I 485 At TSC. April, 2019.
              It's all games. Not sure how an officer could overturn a previous decision of the same parties and facts, but without a material error, material change, or new material facts. That cannot happen.

              While this might in practice reduce the number of RFEs for H-1B petitions, it achieves almost nothing but word games.

              Comment


              • I just submitted the request of outside processing normal time because the live chat agent told me so. The system said I will expect a reply by May 28, 2021.

                Does anybody know how will they reply to me? Will they send a letter, give me a call or send me an email? Thank you.

                Comment


                • Originally posted by asylumvn View Post
                  I just submitted the request of outside processing normal time because the live chat agent told me so. The system said I will expect a reply by May 28, 2021.

                  Does anybody know how will they reply to me? Will they send a letter, give me a call or send me an email? Thank you.
                  Hey Asylumvn, they will send you an email to your registered email address telling you that you sent a request and said this and that and then at the end of the email will say "The status of this service request is" and then they will explain how they will process.

                  You might get the answer a bit earlier, so always check your emails and your junk folder!

                  May I ask, what is your timeline? And how did you get the live chat agent to tell you to submit the request?
                  Every time I try to talk to an agent, can't pass Emma.

                  Comment


                  • I have a hack on how to get live agent. Call the uscis number, when the automated voice asks you, what do you need help with, say infopass appointment. Then you will transferred to live agent. Have not tried it through the online chat though.

                    Comment


                    • Originally posted by asylumvn View Post
                      I just submitted the request of outside processing normal time because the live chat agent told me so. The system said I will expect a reply by May 28, 2021.

                      Does anybody know how will they reply to me? Will they send a letter, give me a call or send me an email? Thank you.
                      Generally speaking it will send a generic reply to your email (if provided in the inquiry form)

                      Comment


                      • Originally posted by GeraldineSofia View Post

                        Hey Asylumvn, they will send you an email to your registered email address telling you that you sent a request and said this and that and then at the end of the email will say "The status of this service request is" and then they will explain how they will process.

                        You might get the answer a bit earlier, so always check your emails and your junk folder!

                        May I ask, what is your timeline? And how did you get the live chat agent to tell you to submit the request?
                        Every time I try to talk to an agent, can't pass Emma.
                        Just keep typing connect me to an agent. I submitted my application in Sept 2020. Last action was fingerprints taken in December 2020. The agent said my case is outside of the normal processing time.

                        Comment


                        • Originally posted by flando View Post

                          Generally speaking it will send a generic reply to your email (if provided in the inquiry form)
                          Thank you. Would it help me with my case? I am able to submit my request, that means my case is actually outside of normal processing time right?

                          Comment


                          • I followed asylumvn advice of typing "Connect me to an agent" and then I chose the "Green Card" topic, which worked (thanks for that!!). I explained that my case was submitted back in March 2019 and I still haven't even received he biometrics appointment, I would like to submit an eRequest and I was told as follows:

                            "Unfortunately you are not able to file a request at this time. Your case is currently pending and there are no required documents or information needed from you at this time. You can get an idea of how long it will take to process your case from the processing time table available on our website. Your case is still within the normal processing time. If your case is not processed during the processing times listed, please go to our website and file an electronic inquiry to notify USCIS that your case is outside normal processing time. This option is available 24 hours a day. If this option does not meet your needs, you may call the USCIS Contact Center and speak with a representative during business hours. You are in line to have your biometrics scheduled, but have not been scheduled yet. Due to the delays there is not a time frame we are able to provide for when you can expect the notice. Due to the coronavirus (COVID-19) pandemic, we have experienced delays in scheduling or rescheduling Application Support Center (ASC) appointments to collect biometrics. We are working to safely maximize appointment capacity at our centers and are also reusing previously collected biometrics to conduct background and security checks when authorized by law. Please continue to wait for an ASC Appointment Notice or you may receive Form I-797, Notice of Action from USCIS indicating that your previously collected biometrics may be reused."

                            I have tried everything, and I just have to keep waiting, this is inhumane.

                            Comment


                            • Originally posted by asylumvn View Post

                              Thank you. Would it help me with my case? I am able to submit my request, that means my case is actually outside of normal processing time right?
                              Honestly, it means nothing. You could get a frame time for a resolution, or a generic answer, or even a date of completion. However, you still have to wait for the letter to see what's on it.

                              In my personal experience, I have filled the e-request "outside of normal processing times" about 4 times in the last 2 years. I have told there isn't an estimated time for resolution, my case needed extended review, etc etc etc. And still nothing. I'm pending since Sep 2018 at TSC. The last time I spoke with an agent (about 1 month ago), they told me my case was transferred to a local USCIS office in my city for an interview.

                              The way you can fill an e-request is by submitting your case as "Refugee" or "Other Application", no matters your service center.

                              Comment


                              • Originally posted by asylumvn View Post

                                Thank you. Would it help me with my case? I am able to submit my request, that means my case is actually outside of normal processing time right?
                                It depends. Generally speaking it won’t help your case.

                                There are some cases where let’s say they drop the ball and ur case file is left unnoticed it might help. Or the officer is nice enough to take a look. Otherwise no real help.

                                Their site has glitches some times so it does not mean your case of outside processing times. You should check against the processing times upper bound as posted.

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