Zig Zag
Dec 31, 2022
Motion To reopen Denied EB3 case
Hello, everyone. I have had Pending Asylum since 2016 and in late 2020 I started working on my EB3 case. My I140 was approved in August 2021. My lawyer sent I485 and we were waiting from then. Long story short 12 days ago I got my Denial Later from USCIS. Reason: Pending Asylum is not a lawfull status. I am planning to file a Motion to Reopen. Can I file also I824 at the same time?
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GRU AlphaJan 1, 2023
I don’t think so, were maintaining any other non immigration status while your asylum was pending?If not, you will have to leave the US and go through consular processing for your GC.You cannot adjust status from asylum pending as its not considered a status, only time when USCIS overlooks this kind of situation is when you are married to a US citizen.
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lil tJan 1, 2023
@vlad jozov. is your asylum case with the court or uscis?
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God is good savior of the world (Jesus)Jan 3, 2023
were you out of status before you file for asylum?
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dak zekeJan 3, 2023
highly recommend you consult a second attorney too. but it seems consular processing would be your best option
Q QJan 3, 2023
Vlad Jozov can you please share your email address thanks
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parvin immigrantJan 5, 2023
hi Vlad, I am so sorry to hear this! i have seen your comment on previous posts that you were quite positive about AOS since your relatives whent through the same process. i am on a same boat, filed for assylum as soon as I entered to US and now my employer(FAANG) applies for EB3. I was wondering if you could share any tips while I am waiting on them to start the PERM process. i hope you will hear good news soon!!!
Zig ZagJan 5, 2023
parvin j I am filing motion to reconsider.
Zig ZagJan 5, 2023
parvin j ALL I NEED RIGHT NOW IS TO FIND OUT IF I CAN DO BOTH AT THE SAME TIME. MOTION TO RECONSIDER AND FILE I824 to start my consular processing. On i824 doesn’t say you can not do it. Basically I can do both and withdraw one once I get approved. By doing both I will save a lot of time in case they deny my appeal. Is it clear for you?
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Guy InWaitJan 6, 2023
@ Vlad Jozov. i think you can do both of them. i-824 should be signed by employer to transfer the i-140 to NVC.
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Guy InWaitJan 6, 2023
we have a group on facebook. where everyone who have pending asylum and applied for EB-2 or EB-3. please join that group so we can share our experiencesa dn also get advises. https://www.facebook.com/groups/2096321220555213/?ref=share&mibextid=zoDNOU
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Guy InWaitJan 6, 2023
recently from our group. one guy he also got denied. i was denied back in october 27th 2022. already applied for i-824 and advanca parole also.
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parvin immigrantJan 6, 2023
guy in wait, I made a request last night, could you pls accept me?
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Guy InWaitJan 6, 2023
please answer all questions and agree to rules. rejoin it. Because if someone doesn’t answer the questions and doesn’t agree to the rules, then i decline it.
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parvin immigrantJan 6, 2023
it is done again.
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Guy InWaitJan 6, 2023
@ pravin. you again didnt answered the questions. and didnt agree to rules
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Guy InWaitJan 6, 2023
@ pravin. Why are you not answering the question and agreed to the rules?
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Guy InWaitJan 6, 2023
@ parvin. I declined the approval because I cannot approve you without answering this question everyone joins after they answer the questions and agree to the rules..
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parvin immigrantJan 6, 2023
i think ot is a glitch or smt. i asnwered the questions yesterday, 5min ago and now.
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Guy InWaitJan 6, 2023
@ parvin Done. Now you are the part of group.
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parvin immigrantJan 6, 2023
thank you 😊
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Guy InWaitJan 6, 2023
no problem.
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Guy InWaitJan 6, 2023
@vlad. by the way. Now a days they are denying AOS for everyone.
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Guy InWaitJan 8, 2023
no. you dont need to leave country for filing i-824
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Guy InWaitJan 8, 2023
ask a good lawyer. With a good experience.
sam samMar 7, 2023
@Zig Zag can i talk to you i am in same position as you thanks
Zig ZagMar 8, 2023
how can I help?
sam samMar 10, 2023
can i talk to you please the.massege@gmail.com my email
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Mohammad alApr 9, 2023
zig do you have any new news about your case
Zig ZagApr 10, 2023
nothing. still pending I290. Will file a mandamus once it hit 12 month of being pending.
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Zu SantanaJun 27, 2024
hi @zigzag did you get an answer yet?
MP MAug 27, 2024
@Zig Zag this is old, but I'm in the same situation right now and was wondering if you had any updates.

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