Asylee with pending I-485 winner of DV-2004

R

rik-tik-tak

Registered Users (C)
I have a question to the forum.

Derivate asylum beneficiary won the DV-2004 lottery. He has pending I-485 case with NSC.

If he applies for Immigrant Visa through the DV-2004 with another I-485 to adjust to permanent status, does he invalidated the first case based on asylum.

Thanks for your answers.

:)
 
Go ahead and do it

You are lucky go ahead and get your green card based on your
DV . You don't need the asylum one.Just forget about it and march towards freedom brother.
 
I thought you were about to get your asylum GC. I recall that you already received a RFE from the BCIS. Why would you want to start the process again?
 
Lucky you!!! I won a lottery twice for my in-lows and my friend and they allready citizens….and I am still here.
irina
 
Irina_C,

Just like you, I filled it out for my family and my sister won. I also filled it out for my friends and one of my friends won and he is already a citizen... aaah.......
 
Lottery

i know the green card lottery is free, do any of you guys know the website link of green card lottery?
 
Originally posted by usa2002
I thought you were about to get your asylum GC. I recall that you already received a RFE from the BCIS. Why would you want to start the process again?
Click to expand...

I never said it was me. It's someone who I know.

Yes, you are right, BCIS requested RFE and I mailed my response to them last month. They updated the on-line status right away (seems the bar code on the letter was scanned. How advanced they are getting???) . So now I have to wait for them to evaluate my evidences and make a decision. I suppose to be approved back in June/July, but the RFE got me stuck. Should be close either way.....

The person who I am talking about has pretty low cut-off number and his visa number should be available as soon as October, 2003. Otherwise he might get asylum eventually (????) approved as soon as December 2004. But again with all the latest changes with asylee AOS cases, who knows what BCIS might came with the next day ??? He might use the DV-2004 AOS as more secure and faster way. Any opinions on this??

Otherwise, belive it or not I won the DV-2000, but since didn't have proof of admission before my asylum case was approved, I wasn't eligible for DV-2000 (245(i), etc...). For asylees seems to be different, since the I-485 instruction notes say, the ground of inadmissibility doesn't apply to "category in which special rules apply - asylum, etc.." . Am I right, Gilbert? You seem to be very deep into the INA laws..

Anyway, thanks for all your toughts and messages. They keep me away from thinking about my case and hope my information helps others too.

Cheers.

:)
 
Last edited by a moderator:
Dear rik-tik-tak,

Do you mind letting us know how you responded to the BCIS? Did you just tell them that you are unable to offer any evidence of your admission? Did you also enclose an I-602? Also, did you use a lawyer?

Thanks and hope you will have good news soon.
 
That was fast, Gilbert :)

I was expecting this question from you. You seem to be very interested for details. Hope you are not working for BCIS.

I couldn't take the chance to reply by myself. I had to hire an Immigration lawyer, pay big $$$, prepare declaration under oath on how I was admitted the very first time, file I-602 on all three grounds, submit more than 100 pages of supporting evidences.

On top of that my lawer argued that I am admissible for many reasons, including my recent re-admission as asylee returning to USA with RTD from traveling abroad. It took me three weeks to complete everything, and now the waiting is my brain killer.

Any comments on the topic, or any thoughts? I know, you always have something to say..

Cheers.

:)
 
rik-tik-tak,

After reading your experience I was curious and checked the I-485 questionaires. The question asks that how you were LAST admitted to USA. Since you had not travelled after the asylum approval and prior to filing for I-485 that is why you had this dilemma.

In my scenario after my asylum was granted, I had applied and obtained the RTD. Then I travelled to Canada and came back as I was my visiting my fiance and now wife at that time. So if they ask me about my LAST entry then the visit to Canada and re-admissability on asylee basis because that will be my LAST entry into USA prior to filing for I-485. Am I right in this assumption?

I am just thinking out aloud the possible scenarios as I still have not received the RFE notice. Waiting for this RFE notice is not fun after I have been already waiting for a long time for this ordeal to be over .......

Regards,
 
It asks for applicant status of admission as of the time of examing the I-485 application (read - the adjustment procedure, not the submitting the application). I read it somewhere the exact wording, but couldn't find ti right now.

Anyway, I guess proof of admission before the filling I-485 would be better in your case. Did you submitt RFE too? Sorry I might have missed your previous posts.

Cheers.

:)
 
Lottery

sorry guys this is a repost. hopefully i can get a reply this time.

i know the green card lottery is free, do any of you guys know the website link of green card lottery?

Thanxs guys!
 
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