Adjustment of Status eligibility

sam muel

Jun 9, 2025

#EB2-NIW #EB2 #ASYLUM #TPS HELP!!! Ihave a question regarding my eligibility to adjust status in the U.S. under the EB-2 National Interest Waiver (NIW) category. Here’s my current situation: I have a pending asylum application, which I filed within 180 days of falling out of lawful nonimmigrant status. I have not accrued unlawful presence since that time. I also currently have valid TPS (Temporary Protected Status). Given this, would I be eligible to apply for Adjustment of Status (Form I-485) while remaining in the U.S., or would I still be required to pursue Consular Processing due to the lack of traditional lawful status (despite having lawful presence and TPS)? I understand there are some exceptions in the law (such as INA 245(k) and recent USCIS guidance on TPS), and I would really appreciate your expert opinion on how my combination of TPS, pending asylum, and EB-2 NIW eligibility might affect my ability to adjust status here.

L FJun 9, 2025

you trying everything to stay here .. I think your situation worth talking to attorney

Ana MattosJun 9, 2025

Since without status you have no way of adjusting unless your asylum is approved, it will depend a lot on what was the basis of your asylum application and/or if you have a relative with a green card or US citizen, or marry an American spouse. Contact a attorney, not a paralegal. Good Luck

LarryMark LanrayJun 9, 2025

@Ana Mattos You mean if he was married to a US Citizen and in this situation, he could successfully adjust?

Daniel LucasJun 10, 2025

Ud entró y salió con el permiso de viaje del tps?

Gustavo CarmonaJun 10, 2025

Same situation, we can adjust status only until our TPS be valid, in my case Sept/2025. I have a EB2 NIW submitted in January 2024, Nebraska Center. I'm asylum applicant and I submitted the application with overstay of 53 days (after 6 months). currently I hope to receive my approval and I'm praying for other big move in the bulletin, (3 months more unless). all this before September 2025. and I never had a travel permit is the only way to adjust status in USA.

Johana AlmeidaJun 10, 2025

I’ve read today of a case that was approved with asylum, TPS and never left the country. I thought it was your case. I saw it on instagram with @iaconalaw

Pat PatJun 11, 2025

@sam muel -note: this is a comment based on Reddit reads/reviews. not a lawyer I understand if you have only asylum pending, you need to go consular. if you have asylum pending but have other lawful valid status like visa/tps/other you are fine until the moment you file 485 and receive notice. if your lawful valid status visa/tps/other expires after you did filed 485 and receive notice you are also good because there was no unlawful presence. the only thing if they reject that 485 you need to leave due non of the status are valid anymore and probably refilled via consular. if all your status expired minus the asylum pending before your FAD , also consular. looks like just asylum is not valid. check Reddit/contact lawyer. best of luck!!

sam muelJun 13, 2025

thank you all. but I did my research and find out that there is no way to adjust status without consular processing and I can't go back to my country because of my asylum case and it just don't work...

Pat PatJun 13, 2025

@sam muel you can do consular at any US Embassy, not necessarily tied to your country. Are you able to find a country you can reside for a short period?

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