D10r 4Jesus
Jul 19, 2024
Is AOS a possibility for me?
I came into the country on a B1/B2 visa in July 2015, filed for religion based asylum in March 2016 (was a dependent on my ex husband's case) and have been pending interview since. That marriage ended in 2020 after which my ex’s family threatened to hurt me if came back to my home country because they didn’t like the terms of the divorce. I filed an asylum case as the primary applicant based on their threat. I recently got approval for a eb2 NIW petition and awaiting my PD. Since I share custody with my ex, going back to my home country with our minor children would require getting a court order informing my ex of our destination, and dates of travel which puts me at risk because I expect him to inform his family. Additionally, one of my kids has special needs and this trip would not be beneficial to her. What are the chances of successfully arguing my eligibility for AOS based on this information? If it’s not a possibility, can I have consular processing done in a 3rd country.
ADVERTISEMENT
Mrs MrsJul 19, 2024
You really need to speak to at least two different experienced immigration lawyers than getting advice on here. This is not a simple case and adjusting status from asylum to EB is very hard because asylum is not really considered a status. Hope things work out positively for you.
Mrs MrsJul 19, 2024
@Tee Ola Check out these link
https://www.lawfully.com/community/posts/re-eb2-niw-approval-cpORYykcXkKO9ayCGNk2pw==
Lumi lJul 19, 2024
@Tee Ola you can't change asylum to EB visa because asylum pending is not a legal status here.
Pablo MateranJul 19, 2024
@Tee Ola @Lumi l @Mrs Mrs For your knowledge you can get an AOS from asylum pending if your never got ilegal time in USA 🇺🇸. I know personally several families that they submit their asylum application on time and got the AOS without any issues
Mrs MrsJul 19, 2024
@Raul Mayor Seems like it used to be allow in the past or now discretionary. Check out the video below
https://www.tiktok.com/t/ZPRoNuND2/
Pablo MateranJul 19, 2024
@Mrs Mrs Thanks but I don’t have TikTok or any other social network. I used to work in the electrical company in my country, several of my colleagues moved to USA 🇺🇸 few years ago and apply for Asylum on time, now 2 of them got their Green card due EB2-NIW without leave USA 🇺🇸. Actually I met this visa EB2-NIW from them, by the way they got different lawyers. The key is don’t accumulate illegal time in USA 🇺🇸. Thanks
Mrs MrsJul 19, 2024
@Raul Mayor Thanks for the reply and explanation.
Lumi lJul 21, 2024
@Raul Mayor I never hear that but I don't think you can come back if you're asylum is pending that's called abandoned asylum.
D10r 4JesusJul 22, 2024
@Mrs Mrs thanks for your input. I’ve spoken to a few attorneys and they echo everything you said. their recommendation is to go for 3rd country consular processing. I see through one of the links you shared that a couple people get their AOS approved but the denial rate seem higher. Do you have any recommendations for an experienced immigration attorney? Thanks
D10r 4JesusJul 22, 2024
@Lumi l I’ve heard it’s possible to come back if one gets an advance parole document before leaving the country
D10r 4JesusJul 22, 2024
@Raul Mayor would you be able to share the contact of the lawyers that was used? Thanks
Lumi lJul 23, 2024
@Tee Ola the entry in usa is not guaranteed so if someone want to take that huge risk is to much.
Dozi KahoDec 18, 2025
@Tee Ola any update on your case? I have a friend in similar condition
D10r 4JesusDec 18, 2025
@Dozi Kaho no update yet. I’ve done my asylum interview since this post was made and I was pending a decision until the new directive that no decisions would be made for the nearest future. My PD still isn’t current so I haven’t been able to explore the option of consular processing in a 3rd country.
