// COMPLEX CASE // I-485 Denial - Submitting a motion for reconsideration

[ngol]

Hello All — I just got a letter from USCIS denying my I-485 which I filed based on EB3 category
The reason for my denial is stated that "Failed to maintain a Lawful status "

I came to the USA on an F1 student visa in 2010, filed an asylum in April 2016 while I was still on a student visa
I graduated in June 2017 (goth my bachelor and masters degree) and started working in my field with the work authorization that I got thru my pending asylum case

In Oct 2019 the firm that I'm working for filed PERM/I-140 for me and I got approval as well as new work authorization and travel document thru my PERM case

On March.03.2020, I received an RFE letter asking me " how I maintained my lawful status in the USA"
I submitted all my EAD cards, student visas, university degrees — which USCIS received my documents on March 18, 2020

I received the I-485 denial letter last Saturday, which is dated for April.02.2020 and I have three weeks from now to file a motion for reconsideration.

and my asylum case still pending and I have not received anything from USCIS regarding this case

My goal is to make a strong argument and find cases similar (even stronger) than Matter of L-K, 23 I. & N. Dec. 677, 680 (BIA 2004)., case. so that I get a chance for getting approval for the I-485

Any advice here would be very helpful and I would truly appreciate it.

Thank you,

[luckycharm4111]

Hello All — I just got a letter from USCIS denying my I-485 which I filed based on EB3 category
The reason for my denial is stated that "Failed to maintain a Lawful status "

I came to the USA on an F1 student visa in 2010, filed an asylum in April 2016 while I was still on a student visa
I graduated in June 2017 (goth my bachelor and masters degree) and started working in my field with the work authorization that I got thru my pending asylum case

In Oct 2019 the firm that I'm working for filed PERM/I-140 for me and I got approval as well as new work authorization and travel document thru my PERM case

On March.03.2020, I received an RFE letter asking me " how I maintained my lawful status in the USA"
I submitted all my EAD cards, student visas, university degrees — which USCIS received my documents on March 18, 2020

I received the I-485 denial letter last Saturday, which is dated for April.02.2020 and I have three weeks from now to file a motion for reconsideration.

and my asylum case still pending and I have not received anything from USCIS regarding this case

My goal is to make a strong argument and find cases similar (even stronger) than Matter of L-K, 23 I. & N. Dec. 677, 680 (BIA 2004)., case. so that I get a chance for getting approval for the I-485

Any advice here would be very helpful and I would truly appreciate it.

Thank you,

I am really sorry to say that

When you used the pending asylum EAD that means you have abandoned your student status(that's the problem with student status, Asylum will take the precedence over student). So, it means literally you weren't maintaining any lawful status at that time.

Asylum doesn't consider as a Lawful Status

The reason you got your I-140, EAD and travel document through your PERM process because they don't look into big picture (Status checks). They do it only at the time of Green Card. That's why they got it now.

That's why they clearly said that "Failed to maintain a Lawful status "

[newacct]

Having a pending application is not status. Although you are staying legally in the US right now, you are not in status right now (these are the things that are considered in status for AOS). In my opinion, you have two routes: 1) Continue with your asylum application and hopefully get asylum, and then adjust status from asylum 1 year later; or 2) Leave the US and do Consular Processing abroad for an immigrant visa; you will not trigger a ban upon leaving since you have not accrued unlawful presence (you do not accrue unlawful presence while a bona fide asylum application is pending if you have not worked illegally).

[ugc]

ngol
Hi , I am really sorry to hear about the decison. I wanted to know if you had heard anything about your asylum status before applying I485 based on Employment.

A failure to maintain lawful status is not “for technical reasons” within the meaning of section 245(c)(2) of the Act and the applicable regulations at 8 C.F.R. § 1245.1(d)(2)(ii) (2004), where the alien filed an asylum application while in lawful nonimmigrant status, the nonimmigrant status subsequently expired, and the asylum application was referred to the Immigration Court prior to the time the alien applied for adjustment of status.

Please clarify?

[sherani1987]

Hello All — I just got a letter from USCIS denying my I-485 which I filed based on EB3 category
The reason for my denial is stated that "Failed to maintain a Lawful status "

I came to the USA on an F1 student visa in 2010, filed an asylum in April 2016 while I was still on a student visa
I graduated in June 2017 (goth my bachelor and masters degree) and started working in my field with the work authorization that I got thru my pending asylum case

In Oct 2019 the firm that I'm working for filed PERM/I-140 for me and I got approval as well as new work authorization and travel document thru my PERM case

On March.03.2020, I received an RFE letter asking me " how I maintained my lawful status in the USA"
I submitted all my EAD cards, student visas, university degrees — which USCIS received my documents on March 18, 2020

I received the I-485 denial letter last Saturday, which is dated for April.02.2020 and I have three weeks from now to file a motion for reconsideration.

and my asylum case still pending and I have not received anything from USCIS regarding this case

My goal is to make a strong argument and find cases similar (even stronger) than Matter of L-K, 23 I. & N. Dec. 677, 680 (BIA 2004)., case. so that I get a chance for getting approval for the I-485

Any advice here would be very helpful and I would truly appreciate it.

Thank you,

What happened to your case. I am going to apply for I-485. Did your motion for reconsideration was approved. Please let me know.
i heard from few lawyers that their client got the Green Card and then they withdraw their asylum.