ASylum Question- Assistance needed

M

MILA34

New Member
I came to the US in 1997 with a visa because there was a war going on in Sierra Leone. Because of this situation, I was approved to become an asylee. I've been in asylee status since then and I'm really confused as to how to proceed with switching my status to green card holder.
> In 2006 (when I was 26 years old) I resumed applying for a green card from an application my mom had started but got a denial letter stating that I was no longer a minor so I couldn't apply this way. The letter went on to say I was still allowed to stay in the US and continue working legally.
> I got married in 2005 to a US citizen and I tried apply through marriage. When we visited the USCIS office together we were advised that this would be the faster way, however, as soon as I submitted this application they would back date my visa to the date it expired in 1997 which would technically mean I've been in the US living and working illegally since then. This route also meant I would have to pay the filing fee.

The USCIS official said I also had the option if re-applying as an asylee (without my mother) but this route will take longer. This way though, I wouldn't have to pay the filing fee.
> I'm just very confused as to what I should do and any assistance in determining the best course if action for me will best for me.
> Thanks.
 
You have two options, as the officer said. One you should have a lawyer for and one that you do not need one for. To go through the asylum, you must convert your derivative asylum to principal asylum. This process is called nunc pro tunc asylum. It will be hard to get good information on how to do this online, so you should have a lawyer. Once you have converted your derivative asylum to principal, then you will be eligible to adjust to permanent residence through the asylum. You will have to pay the fee for the green card, but you will be able to ask for a fee waiver. You should have a good lawyer for this, as many inexperienced lawyers are not familiar with nunc pro tunc asylum procedures. You can also get your green card through your wife. You will have to pay the fee and you will have to successfully negotiate the I-864. If you can do that you should (you have confused yourself needlessly about working out of status) and you do not need a lawyer, but if you can't then you will need a lawyer to assist you with it or help you do the nunc pro tunc.

(very experienced, anonymous, immigration lawyer)
 
If you are an Asylee just file I-485 and you will get your GC in 6 months. I don't underst how you say you would be illegal since 1997 if you were approved for asylum in the same year. Asylum status is legal. You can file through marriage to a U.S. citizen but that means you have to file affidavit of support and prove your marriage via an interview with USCIS. They have to believe that it's not a fraud. If I were you I would file via asylum. It's much easier. But I would talk to a lawyer first.

Also if you were a minor with a derivative asylee status (not primary) you need to file I-589 first and become a primary by a procedure called nun pro tunc asylum. It's a routine procedure for minors who turn 18 before getting GC. Talk to an experienced lawyer and mention this. Not many lawyers are aware of this procedure.
 
Fin… you seem to be experienced in this case. I was approved for a nun pro TUNC asylee and now the USCIS is asking me to go through another interview for my I485 did anyone go through that interview phase?
 
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