Bukstar K
Aug 30, 2023
Pending Asylum to GC Question
Please I have someone who has a pending asylum case ( Yet to be called for interview or anything). Only work authorization was approved. However, he recently submitted 140 for EB2-NIW and got approved but the approval letter states that he is not eligible to file 485 yet. (Sure its because of the pending asylum case) . What can he do?
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NIW/GC ApprovedAug 31, 2023
I wonder what status the person is/was on.
I was in a similar situation (pending asylum and maintained my student status for 8yrs, i.e, I never applied for asylum EAD, I got my green card approved earlier this month)
NOTE: 1) A pending asylum is not a status; 2) you must be in status to adjust a status, i.e file for employment based green card (i-485); 3) if the person had a non-immigrant valid status before like student, visiting etc, the Asylum EAD automatically voids their non-immigrant status.
I am afraid the person may never be eligible for an employment-based visa (green card) based on their current situation.
PLEASE CONSULT an attorney for legal advice.
NIW/GC ApprovedAug 31, 2023
I think applying from outside the US might be a solution. Also, the person cannot go back to their home country to apply
Ice GAug 31, 2023
olu mikkAug 31, 2023
@NIW/GC Approved the Asylum EAD will only void their non-immigrant status if they use the Asylum EAD to work
God is good savior of the world (Jesus)Mar 8, 2024
what is your update on this?
