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Hi Everyone,
Please need guide.
I came on B2 visa to USA in Nov 2016 and applied for asylum within 3 months. I am still waiting for Asylum interview.I got sponsor and my perm is already approved. Now the employer will file the I-140 along with I-765 and I485.
I know the USCIS will make hurdles due to my unlawful status but can we use the verdict of court that i am as lawful status due to technical reason from USCIS. I also heard that many peoples got there Adjustment of Status from pending asylum to EB3.
Please need guide.
I came on B2 visa to USA in Nov 2016 and applied for asylum within 3 months. I am still waiting for Asylum interview.I got sponsor and my perm is already approved. Now the employer will file the I-140 along with I-765 and I485.
I know the USCIS will make hurdles due to my unlawful status but can we use the verdict of court that i am as lawful status due to technical reason from USCIS. I also heard that many peoples got there Adjustment of Status from pending asylum to EB3.
In re L-K-, Respondent
Decided September 30, 2004
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals
(1) Under section 245(c)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1255(c)(2)
(2000), an alien who has failed to continuously maintain a lawful status since entry into
the United States, other than through no fault of his own or for technical reasons, is
ineligible for adjustment of status under section 245(a) of the Act.
(2) 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
Decided September 30, 2004
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals
(1) Under section 245(c)(2) of the Immigration and Nationality Act, 8 U.S.C. § 1255(c)(2)
(2000), an alien who has failed to continuously maintain a lawful status since entry into
the United States, other than through no fault of his own or for technical reasons, is
ineligible for adjustment of status under section 245(a) of the Act.
(2) 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
