1 Year Wait, Last Leg, Please Help

A

AsyleeFinalee

New Member
Please help me by answering the following question if you know.

BACKGROUND:
My asylum case was referred to an Immigration Judge. The Immigration Judge granted me asylum. The Government appealed the Judges decision to the Board of Immigration Appeals (BIA). The BIA said the Judge was right to grant me asylum and upheld the Judge's decision. I have a master hearing with the Judge in January, I guess a formality to take me officially out of deportation proceedings? I want to apply for GC I-485 but I know I have to wait one year.

QUESTION:
So here is my question: My one year starts counting from a) The date the Immigration Judge first granted me Asylum, b) The date the BIA upheld the Judge's Decision, or c) The date of my upcoming master hearing in January.:confused:

I have contacted the USCIS (hellline) and have been told a). I looked through this forum and found one thing that was kind of c) but not close enough to my situation. I did an infopass and the ...person... told me to consult a lawyer:mad:. I am going to ask the Judge too of course but wanted you guys' take on this.

Thank you in advance for your help.

Cheers
 
Why do you have to see the IJ again if the gov't lost the appeal? And answering your question, i think your one year wait starts from the day BIA dismissed the gov't appeal and the grant becomes final.
 
First, thank you for your responses folks.

The BIA remanded the case back to the IJ. This upcoming hearing , I presume, is so that the IJ can officially close the case and issue me some kind of final paperwork (I-94?) that proves my status better than the photocopy of his initial decision that I currently have, which states that the Gov intends to appeal his decision.

Has any one gone through the BiA and come out in the same boat as me? If so your input and otherses as well would be highly appreciated.

Thanks
 
interesting....Can someone else shed some light on that...Assylum?...why would the BIA toss the case back to the IJ if the gov'ts case was dismissed? Maybe it was partly dismissed and partly remanded back to the IJ for further consideration. You can get an i-94 and unrestricted SSN even if the judge's order say the govt reserves the right to appeal as long as the appeal was dismissed by BIA or the govt doesn't go ahead with the appeal to the BIA to begin with. Why would they refer you back to the IJ to just give you the same Judgement letter without the gov't appeal option not tick marked?
 
fat_face said:
interesting....Can someone else shed some light on that...Assylum?...why would the BIA toss the case back to the IJ if the gov'ts case was dismissed? Maybe it was partly dismissed and partly remanded back to the IJ for further consideration. You can get an i-94 and unrestricted SSN even if the judge's order say the govt reserves the right to appeal as long as the appeal was dismissed by BIA or the govt doesn't go ahead with the appeal to the BIA to begin with. Why would they refer you back to the IJ to just give you the same Judgement letter without the gov't appeal option not tick marked?
Click to expand...

One of my friends had similar situation. He went back to see the same judge. It was so quick and did not even take the judge 5 minutes to review the BIA decision and issue the final paper work for him. He took the final paper work to USCIS and got I-94

The EOIR system is not linked to BIA system. The EOIR system gets updated when the immigration judge reviews the BIA decision and issue the final paper work.

The BIA decison doesn't automatically update the EOIR system and that is why the case goes back to the court to update the EOIR system.

When issuing unrestricted SS cards, the SSA office checks the online system "SAVE" system if you get approved by USCIS or they check EOIR system if you get approved by EOIR, BIA, or circuit court

John Smith 1, is a member of this forum and he went through similar situation. He can give more explanations
 
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Thanks Asylum

Makes sense, thanks for the input Asylum. I am kind of getting the feeling that my one year wait will be from this upcoming hearing, acctually when I get my I-94. I was hoping it would be from the date the first decision to grant was made. And who knows maybe when the I-94 is issued, the date on it will be the original date, here's hoping.
 
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