chil udex
May 3, 2025
Asylum interview
hello guys, I have a pending asylum case and I studied nursing here and got my nursing license and my hospital were I work has filed for my EB3 and i140 got approved. uscis send me a letter that they are liasing to get a date for my eb3 interview in my home country when my priority date will be current(June). though my lawyers are working for my interview to routed to another country since I have a pending asylum. Today I got a letter from uscis for my asylum interview. I am now so confused on what to do. kindly advice.
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Lilo PelekaiMay 3, 2025
Even though you got a letter for the interview, the interview can always be rescheduled if your lawyer is working on it and has a valid reason, and definitely if the current one is in your home country.
I'm confused as to why the interview is not here, unless the interview is for EB3, and for visas, you have to be outside the U.S. But leaving the US with a pending asylum case is an automatic forsaking of that asylum case. Unless you get authorization and documentation from USCIS to leave the country and preserve the asylum case.
Either way, your lawyer should answer those questions for you and with more accurate information than any of us can give you. Best of luck!
Nyiom GurungMay 4, 2025
go to third country like Canada or Mexico and do your interview. you don’t have to go to your own country but it’s very risky if you don’t get your visa there because you may not be able to come back due to the asylum pending case.
I had the same case and I didn’t apply for I-140 after my LC approval. It’s on your hand if you want to take risk but I’m advising you not to leave USA.
Kayy KayyMay 4, 2025
Don't leave USA. it's risky.
kdj AMay 6, 2025
@chil udex I'm on the same boat. I'm a US RN on pending asylum. My employer applied for my I140 which got approved, and then applied for EB3-1 for me. While the EB is still pending, I got scheduled for asylum interview in 2 weeks, then last week, I got RFE for my EB to prove my status, knowing fully well that pending asylum is not an adjustable status, my employer immigration specialist said I should go and appear for my asylum interview and that the decision will lead us to what to do next on the EB. My lawyer also advised me to attend the asylum interview. So fingers crossed 🤞
chil udexMay 7, 2025
@kdj A kindly keep me posted on the outcome of your asylum interview and the next line of action since we are on same boat.
kdj AMay 9, 2025
@chil udex I will
Lilo PelekaiMay 10, 2025
@chil udex : I just read your post again. And now I understand your asylum interview was scheduled and the EB3 interview is in work to be scheduled in a third country. That's good. But honestly, unless you want to abandon your asylum case and leave the country, the EB3 case cannot proceed right now. Here are a few points:
1. DO NOT travel to your home country for the EB-3 visa interview while your asylum case is pending. Doing so will be interpreted as proof that you no longer fear persecution, which will result in your asylum case being denied or considered abandoned.
2. Pending asylum makes you ineligible to adjust status inside the U.S. through EB-3 unless you have another valid status — and most people with asylum pending don’t.
3. If your employer’s lawyers aren’t handling your asylum case directly, make sure your personal immigration lawyer (if you have one) is helping coordinate. Employer lawyers protect the employer’s interest — not yours.
And honestly, the EB3 lawyers should have advised you to pause the EB3 (not officially), and see how the asylum case would proceed and whether you get it granted or not before deciding whether to continue the EB3 or not.
4. The fact that you just got scheduled for your asylum interview is important — and could be your safest path forward. Focus on your asylum case for now, and attend the interview fully prepared. If granted, you’ll have a much stronger position later for adjustment.
Look for this title in the Lawfully app: 'My experience at the asylum interview (affirmative)', or '#AsylumInterview'. In that post, I shared a few tips for the Asylum interview.
Best of luck. 🙂
