My familys asylum case has been pending for 14 years. We finally have our interview coming up. Do you think they will grant us a green card during that interview since it has been 14 years, or will they only grant us Political asylum and make us apply and wait for the processing of the adjustment of status to get a green card? Has anyone heard of anyone being granted a GC due to a case pending for an unusually long time?
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Asylum case pending 14 years, GC granted
- Thread starter sophie1
- Start date
sophie1 said:My familys asylum case has been pending for 14 years. We finally have our interview coming up. Do you think they will grant us a green card during that interview since it has been 14 years, or will they only grant us Political asylum and make us apply and wait for the processing of the adjustment of status to get a green card? Has anyone heard of anyone being granted a GC due to a case pending for an unusually long time?
No, if you are approved, you will not receive a GC. The law stipulates that you must wait for one year after obtaining asylum to apply for a GC. Therefore, unfortunately, you won't get the card just yet. However, there may be another way for you at this point to obtain a green card through a stay of deportation process but typically that is only possible when you are here illegally and you have US citizen relatives that would experience hardship if you are deported.
sophie1 said:My familys asylum case has been pending for 14 years. We finally have our interview coming up. Do you think they will grant us a green card during that interview since it has been 14 years, or will they only grant us Political asylum and make us apply and wait for the processing of the adjustment of status to get a green card? Has anyone heard of anyone being granted a GC due to a case pending for an unusually long time?
My heart goes out to you Sophie1 and your family - 14 years of waiting for your asylum interview....it just blows my mind. YOur asylum interview should have been conducted within the first 6 months of your application. Then you wait quite a while for their decision (14 years ago they were pretty slow). Have you ever inquired with INS or USCIS (whichever was in place) about why it was taking so long? Was your asylum application physically lost any time? Did you get any responses from the USCIS about the status of your application?
Do you have a lawyer? I may be mistaken, but I believe you may be eligible for adjustment of status based on the number of years you have lived here legally. Basically, you will need to show them that having lived here so long, you have integrated in the society and established roots (children, work, etc) that going back would create an emotional and financial hardship for you.
As far as your interview goes - I don't think they will grant a GC right away. After all, they may or may not grant the asylum. I hope you have a good lawyer. Good luck!
vdostoi1 said:No, if you are approved, you will not receive a GC. The law stipulates that you must wait for one year after obtaining asylum to apply for a GC. Therefore, unfortunately, you won't get the card just yet. However, there may be another way for you at this point to obtain a green card through a stay of deportation process but typically that is only possible when you are here illegally and you have US citizen relatives that would experience hardship if you are deported.
Hi Vdostoi,
Does she have to be here illegally in order to be eligible for for this benefit?
14ksusha said:Hi Vdostoi,
Does she have to be here illegally in order to be eligible for for this benefit?
No.
If the asylum case is referred to the Immigration Court she can raise this defense. The problem would be having an eligible relative and then documenting extreme hardship to that relative.
It is not atypical for cases filed in the early 1990s. The asylum system was a black hole back then.
14ksusha said:My heart goes out to you Sophie1 and your family - 14 years of waiting for your asylum interview....it just blows my mind. YOur asylum interview should have been conducted within the first 6 months of your application. Then you wait quite a while for their decision (14 years ago they were pretty slow). Have you ever inquired with INS or USCIS (whichever was in place) about why it was taking so long? Was your asylum application physically lost any time? Did you get any responses from the USCIS about the status of your application?
Do you have a lawyer? I may be mistaken, but I believe you may be eligible for adjustment of status based on the number of years you have lived here legally. Basically, you will need to show them that having lived here so long, you have integrated in the society and established roots (children, work, etc) that going back would create an emotional and financial hardship for you.
As far as your interview goes - I don't think they will grant a GC right away. After all, they may or may not grant the asylum. I hope you have a good lawyer. Good luck!
thankful said:It is not atypical for cases filed in the early 1990s. The asylum system was a black hole back then.
I know that there was a huge backlog, I was part of it myself. But this is just her initial asylum interview, that's what I can't understand. It defeats the whole idea of applying for asylum (as an emergency situation). I mean, what are they going to talk about during their interview, some participants of events may be dead by now. There are supposed to be raw emotions and feelings during the interview, but it may be hard to express your fears after having lived here for 14 years. You know what I mean?
We have maintained legal status for fourteen years. Every year we are all granted an EAD, we have completed the biometrics and FBI background check several times. Whenever we inquire about the case INS says that it is still pending and we have to wait to find out when the interview will be scheduled for. We have completed and updated required paperwork over the years. It's just that now that we will finally have our interview I'm not sure what to expect.
14ksusha said:I know that there was a huge backlog, I was part of it myself. But this is just her initial asylum interview, that's what I can't understand. It defeats the whole idea of applying for asylum (as an emergency situation). I mean, what are they going to talk about during their interview, some participants of events may be dead by now. There are supposed to be raw emotions and feelings during the interview, but it may be hard to express your fears after having lived here for 14 years. You know what I mean?
I know what you mean, but that is the reality. Many applicants from the early 1990's have never been interviewed (most of them have been getting their work permits renewed every year).
sophie1 said:We have maintained legal status for fourteen years. Every year we are all granted an EAD, we have completed the biometrics and FBI background check several times. Whenever we inquire about the case INS says that it is still pending and we have to wait to find out when the interview will be scheduled for. We have completed and updated required paperwork over the years. It's just that now that we will finally have our interview I'm not sure what to expect.
Just do their best to prepare for your interview. Good luck.