Applied for political asylum in legal status

T

tunker

New Member
I applied for political asylum being in legal status F1, still waiting for the decision for 3 months
Does anyone know what to do in case the asylum would be rejected finally?
As far as I know rejected applicants in legal status can not appeal case in the Immigration Court.
Thank you
 
it is called affirmative asylum application .if they deny your case they will send you INtent to deny
where Immigration Officer will give you 16 days for rebutal .
if you dont reply in 16 days .you will recive final denial . than you will be refered to Immigration court.you must keep your status till u get your final decision from immigration officer.

advantage of affirmative asylum application is whether u get denial or approval.u still have choice to withdraw your asylum application and keep F1 .or change F1 to different status

if you are illegal and apply for asylum .in case of denial they will put you on deportation proceeding.keep in mind it will cost you a lot to prove your asylum claim in court.i know it is also expencive to keep F1 status.

i hope u consulted with an immigration lawyer .
 
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SINNERSROOM said:
advantage of affirmative asylum application is whether u get denial or approval.u still have choice to withdraw your asylum application and keep F1 .or change F1 to different status
Click to expand...

Hi, SINNERSROOM,

My asylum application is recommended approval, and I am also on H1 and applying green card through my company. Can I continue my green card application through my company?

zzzf
 
friend of my had the same situation .He was tired to deal with Nebraska SErvice Center as an Asylee.
Finally He got his GReencard through employer.
it depends when you apply for GC through employer. I guess it is fasterand safe to get greencard through H1.I gotta check with him wether he withdrew I 485 through asylum or not .I dont remember he had a confusing situation.

if u applied for asylum when u had h1 visa . idont think you can do it now cause your status is an asylee not h1.I think U can apply for greencard through sponsor Now .Do not adjust your STATUS as asylee after 1 year
 
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My asylum is recommended for approval. Since it is not a final approval, I guess I can still keep my H1 status.

My green card application through employment hasn't gone anywhere yet. I am still in the queue waiting for labor certificate. I don't think it will be faster at all.

Anyone in the same situation?
 
Stick with your asylum.

zzzf, If I was you, I would stick with your asylum. Employment based GC used to be faster than asylum based gc but that is not the case anymore. The 10,000 cap has been removed and pretty soon every application for GC would be adjudicated in 6 months or should I say that USCIS would attempt to adjudicate all I485 within 6 months time period. There is more restriction on H1 as far as if you want to change an employer or move to different state and find a job. You won't have these restriction if you have a GC based on asylum. Ultimately, its your choice
 
applied for asylum in legal status

well, I've got some sort of rethoric question

How much time does the IO consider the decision on asylum? I'm waiting for 4 months since interview and have got no decision yet, though she said that it would take from 4 to 6 weeks for decision.
Do you think it is rational to call the District Office and try to find out something about my case?

Thank you
 
Punjabi_Munda said:
zzzf, If I was you, I would stick with your asylum. Employment based GC used to be faster than asylum based gc but that is not the case anymore. The 10,000 cap has been removed and pretty soon every application for GC would be adjudicated in 6 months or should I say that USCIS would attempt to adjudicate all I485 within 6 months time period. There is more restriction on H1 as far as if you want to change an employer or move to different state and find a job. You won't have these restriction if you have a GC based on asylum. Ultimately, its your choice
Click to expand...
A lot of people misunderstands EB GC nowaday, saying it takes a millons of year. It is only true to oversubscribed 4 countries and EB3 from rest of the world. Thanks to PERM, EB2 or higher category from rest of the world can get GC within a few months from end to end UNLESS they got stuck in name check.
I heard a few cases that it took only 3 months from PERM filing to GC arrival. it's EB2 case.
So, it all depends on where s/he came from, and which category they fit.
 
Unfortunately, I am EB3 filed before PERM so I am stuck in Backlog, and it has been almost 3 years. My company wouldn't file PERM for us until May 2007.

My question is, when I get my final asylum approval, do I have to choose between asylum and H1? Do I have obligation to notify my company of my asylum status?

I am recommended approval now, so I guess I don't have to do anything for now.
 
zzzf said:
Hi, SINNERSROOM,

My asylum application is recommended approval, and I am also on H1 and applying green card through my company. Can I continue my green card application through my company?

zzzf
Click to expand...


You could but it is a heck lot easier to get your green card through asylum than H1.
 
tunker said:
well, I've got some sort of rethoric question

How much time does the IO consider the decision on asylum? I'm waiting for 4 months since interview and have got no decision yet, though she said that it would take from 4 to 6 weeks for decision.
Do you think it is rational to call the District Office and try to find out something about my case?

Thank you
Click to expand...


There is no time limit and they do delay a lot when the applicant is in valid status. It does not hurt to call them.
 
asylum in legal status

I applied asylum in legal status and they told me to mail the decision at my home and since four months, I am waiting for that. Can u tell me, how long does it take to get decision and why so late? The lady told me that it will be mailed within a month.
 
asylum in legal status

I applied for asylum in legal status and I was told by the asylum office that they will send the decision to me via mail but I am still waiting for the mail since four month. Somebody told me that don,t bother them and wait for your decision. Is it true? Generally, how long does it take to get the decision?
 
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