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Hello,
I came to the U.S. as an international student and completed my degree. Then I applied for OPT and was working on my field. However, due to the political circumstances, I couldn't go back to my country. Therefore, I applied for Asylum, before my OPT period ended. In the mean time, my parents who are US citizen filed i130 and it got approved after I filed my asylum case.
My case was directed the Immigration Court and last year I had my appearance. The judge closed my case by offering prosecutorial discretion (PD), due to my parents being US citizens and I have a I130 approved. She told me the circumstances has changed in my country and it's best to take (PD) and soon my I130 will become current. She further said you can simply adjust your status to permanent resident by filing the necessary documents remaining in the U.S when my i130 priority date became current.
Now, my I130 is becoming current soon. I spoke to a lawyer and she said I might not be able to do that because I remained in the country out-of-status after OPT ended.One of the charges against me was staying in the country without permission. This was mentioned by the Asylum officer not by the Immigration Judge. I filed asylum before my OPT ended and I only remained in the country because I was given a paper that said you may remain in the country. Asylum seekers' status is neither illegal or legal as far as I know.
Am I not be able to adjust my status when i130 priority date becomes current?
Any help is appreciated.
Thanks,
I came to the U.S. as an international student and completed my degree. Then I applied for OPT and was working on my field. However, due to the political circumstances, I couldn't go back to my country. Therefore, I applied for Asylum, before my OPT period ended. In the mean time, my parents who are US citizen filed i130 and it got approved after I filed my asylum case.
My case was directed the Immigration Court and last year I had my appearance. The judge closed my case by offering prosecutorial discretion (PD), due to my parents being US citizens and I have a I130 approved. She told me the circumstances has changed in my country and it's best to take (PD) and soon my I130 will become current. She further said you can simply adjust your status to permanent resident by filing the necessary documents remaining in the U.S when my i130 priority date became current.
Now, my I130 is becoming current soon. I spoke to a lawyer and she said I might not be able to do that because I remained in the country out-of-status after OPT ended.One of the charges against me was staying in the country without permission. This was mentioned by the Asylum officer not by the Immigration Judge. I filed asylum before my OPT ended and I only remained in the country because I was given a paper that said you may remain in the country. Asylum seekers' status is neither illegal or legal as far as I know.
Am I not be able to adjust my status when i130 priority date becomes current?
Any help is appreciated.
Thanks,
