va santa
13 de jun de 2024
from asylum to eb3
hello Folks
My husband and me came to EEUU in 2015 with a F1 visa.
we applied for asylum on 2017 while our student status were still active. The asylum is still pending never got court citation.
Student status expired en June 2018.
My husband applied for EB3 on April 2019.
We applied for TPS on 2021 and got approval.
We finally had a greencard interview last week in Oakland park,Fl office.
The officer stated we acumulated almost a year of ilegal status because asylum is not a legal status.
My husband told her we never stayed illegal we have a protection with the pending asylum and TPS.
She said to wait 180 days to get and answer.
after 4 days we received a RFE (request for evidence) asking to submit evidence to establish that we maintained lawful status, f1, school records, proves that we attended univerisity, transcripts, tuition bills, etc.
do you think getting a RFE is a good signal?
Would you recommend to send with all this requirements a letter from us stating that it’s not our fault that our asylum hasn’t been resolved and it was because of this situation that we accumulate illegal status ?
PUBLICIDAD
jc jc13 de jun de 2024
following this, my wife is also in asylum pending. Hope they approve your GC soon 🙏🏻
Bill : )14 de jun de 2024
You should talk with a lawyer about that. What I heard is that asylum is not a status; you should have kept your F1 status. But, like I said before, talk with a lawyer.
sam young14 de jun de 2024
I think asylum is also a pending status because when you apply for it you get work authorization but for EB3 AOS you need any kind active status such as F1 before you file I-485 and once you file I-485 you can drop f1. you should consult a good immigration lawyer. worst case scenario you can always go for consular processing and get your eb3 visa at your home country consulate but in this case your have already applied for Asylum so that’s not an option anymore. best of luck
LOPEZ HEDMONT14 de jun de 2024
There is no strict rule regarding whether a pending asylum case constitutes legal presence in the USA; it depends on the adjudicating officer. The best way to convince them is by providing a letter with a previously successful case under similar circumstances. We can assist you with that.
LOPEZ HEDMONT14 de jun de 2024
Mr. Avila we sent you a e-mail
EB3333 Unskilled 3 de sep de 2024
@va santa Did you submit a RFE? I’m in the same situation as you. 😢😢
MP M4 de sep de 2024
@LOPEZ HEDMONT Are there any known similar cases that have been approved in the past. I'm asking because I'm in the same situation
Биг Хуй5 de nov de 2024
@va santa @Freddy Jk my case got denied, same reason "accumulated more than 180 days unlawful presence ", if you asylum case has been pending for less than 180 days do everything you can to get an answer from uscis before accumulation of the 180 days.
MP M20 de mar de 2025
@Freddy Jk any updates
MP M22 de mar de 2025
@Freddy Jk sorry to hear, did you try to reopen/reconsider or anything at all
MP M22 de mar de 2025
@Freddy Jk wow... sorry to hear. Goodluck man
Биг Хуй17 de jul de 2025
@Freddy Jk what did you end up doing
