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b p
Mar 17, 2024
Pending Asylum to Family based AOS
hello, I have been pending asylum for 6 years and applied for TPS in 2020. I want to apply for AOS based on married with a GC holder. am I considered unlawful for pending asylum status?
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Yaya YayaMar 18, 2024
Hi @b p you considered unlawful don’t do the same mistake I made and waited for over 7 months and was rejected. I applied for AOS with a pending asylum as your self when my wife was a green Card holder and got rejected with the reason that I am unlawfully I had to wait and reapply when she became a citizen. and it’s the only option for your unlawfulness to be forgiven when your sponsor is a citizen. Goodluck🙏🙏🙏
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sofi jMar 18, 2024
it’s better to wait until your wife is a us citizen
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ed timeMar 18, 2024
Pending Asylum does not mean unlawful presence, only if you have applied for asylum after accruing some time of unlawful presence them you can’t apply for AOS with a GC holder.
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b pMar 19, 2024
@Yaya Yaya I had dismissed my asylum case last month because I am in TPS since 2020 and have approved I-130. I was in pending asylum from 2015 to 2020. since 2020, I had maintained the TPS which is a lawful status.
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b pMar 19, 2024
@ed time correct. it’s not unlawful presence but the I-485 form says - have you maintained a lawful status? this is slightly different from unlawful presence

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