Can Apply for adjustment or wait?

K

kalvar

Registered Users (C)
hey boys and girls

This December it will be exactly 1 year since I was granted asylum. However, during the summer I went to Europe for 1 month.
Can I apply in December or should I wait until January since I haven't accumulated 12 months yet?

as always I thnk you in advance
 
peguin12 said:
We have Ladies and Gentlemen on this forum :eek:
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Ladies and Gentlemen would'nt mind being called "boys" and "girls".... :D

Kalvar! you can go ahead and apply 1 year after asylum approval. Don't worry about that 1 month absence. They are looking for excessive absences not short trips like one month or so.....
 
that is not right

Lazer, that is wrong actually, chances are that the application will be rejected, you need to be phisically in this country for one year, if you have a 30 days absence, you should apply 30 days later, even if it is one day.
it's better to wait....you will end up wasting more time if rejected...

Guacho
 
kalvar said:
hey boys and girls

This December it will be exactly 1 year since I was granted asylum. However, during the summer I went to Europe for 1 month.
Can I apply in December or should I wait until January since I haven't accumulated 12 months yet?

as always I thnk you in advance
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It could or could not affect. But it is only one month. My suggestion is to wait.
 
You have to wait until you have spent 12 months here as an asylee. The time is computed strictly.
 
So my best bet is to actually wait...don't wanna start off with the wrong move.

thank you all "ladies" and "gentlemen"...or boys and girls :)
 
kalvar said:
So my best bet is to actually wait...don't wanna start off with the wrong move.

thank you all "ladies" and "gentlemen"...or boys and girls :)
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The law is clear. You have to wait.

If you filed now they could either return the application to you immediately (if they caught the error) or if they could issue a denial when your file came up for review. The latter possibility really sucks b/c you would have wasted several years.

So follow the law and wait until you have been physically present in the country for one year following the asylum grant.
 
guacho said:
Lazer, that is wrong actually, chances are that the application will be rejected, you need to be phisically in this country for one year, if you have a 30 days absence, you should apply 30 days later, even if it is one day.
it's better to wait....you will end up wasting more time if rejected...

Guacho
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I would have to agree with Guacho,
it's not worth wasting time by being rejected for that month of absense. Just wait for 30 day and then apply, cuz even if they don't care much for such a minor absense, you don't wanna take the chance of coming across a moody officer.

E
 
I am surprised that how confidently people give advice in this forum without presenting facts.

YES YOU CAN APPLY AFTER 1 YEAR OF PRESENCE GIVEN THOSE SHORT ABSENCES. I DID WHEN I FIRST APPLIED FOR ADJUSTMENT AND DID NOT WAIT 1 YEAR 1 MONTH.

Similarly with citizenship issue. CIS absences are meant to be breaking a residency. Do not take it in literal terms and count number of days. Don't take make things complicated when they do not need to be.
 
Lazerthegreat said:
I am surprised that how confidently people give advice in this forum without presenting facts.

YES YOU CAN APPLY AFTER 1 YEAR OF PRESENCE GIVEN THOSE SHORT ABSENCES. I DID WHEN I FIRST APPLIED FOR ADJUSTMENT AND DID NOT WAIT 1 YEAR 1 MONTH.

Similarly with citizenship issue. CIS absences are meant to be breaking a residency. Do not take it in literal terms and count number of days. Don't take make things complicated when they do not need to be.
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Anyway, I suggest you again to wait. It is only one month. I am not as confident as lazer but If I were you, I will wait. Just 30 days. :)
 
it is OK to apply I-485 now, i think. i was on a trip to japan for one and half months before i applied I-485. My GC was approved this month without any problems.
 
lazer..

lazer, if the question is " can you apply "..the answer is YES YOU CAN .......tha fact you didn't have any problem it does not mean everybody should do it......with CIS you better take in " literal terms"......I know somebody in NYC whose application was rejected for applying one week early ( she was two weeks away before applying )
You didn't have any problem, others have had problems.........so why taking the chance???....YOU BETTER WAIT....

guacho
 
Lazerthegreat said:
I am surprised that how confidently people give advice in this forum without presenting facts.

YES YOU CAN APPLY AFTER 1 YEAR OF PRESENCE GIVEN THOSE SHORT ABSENCES. I DID WHEN I FIRST APPLIED FOR ADJUSTMENT AND DID NOT WAIT 1 YEAR 1 MONTH.

Similarly with citizenship issue. CIS absences are meant to be breaking a residency. Do not take it in literal terms and count number of days. Don't take make things complicated when they do not need to be.
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I do not know what "facts" you are talking about? Have you been approved yet? Anyone with some education of immigration law knows that the one year presence requirement has to be met strictly (the five year rule for citizenship is different and you are probably confused about the two).

This comes from the website of the nation's most prominent refugee organization:

Evidence of one year of physical presence in the U.S. with asylum status. An asylee must neither file nor sign and date an I-485 until she has been physically present in the United States for a total of 365 days after being granted asylum. Any absence from the U.S. - even if for only one day - must be tallied. Thus, for example, if a person was granted asylum on January 1, 2002 and later traveled to Canada for five days in November 2002, then the earliest she could apply for her green card would be January 6, 2003: one year plus five days after asylum had been granted.

And the link is http://www.hias.org/Immigration/Answers/greencard_asylees.html#when

you are the one who is complicating things.
 
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The official USCIS position is that you have to deduct the days you were gone when computing the one year physical presence requirements.

However we have seen two or three cases that were approved despite this defect. Obviously the officers could not do the math. :)

And there regretably have also been denials on this basis.

So if you have not applied, fulfill the one year residence requirement in full. If you have already applied, then hope for the best (with the removal of the cap it is not that bad to reapply :p ).
 
kalvar said:
hey boys and girls

This December it will be exactly 1 year since I was granted asylum. However, during the summer I went to Europe for 1 month.
Can I apply in December or should I wait until January since I haven't accumulated 12 months yet?

as always I thnk you in advance
Click to expand...

You CANNOT apply now. You have to wait.
 
guacho said:
lazer, if the question is " can you apply "..the answer is YES YOU CAN .......tha fact you didn't have any problem it does not mean everybody should do it......with CIS you better take in " literal terms"......I know somebody in NYC whose application was rejected for applying one week early ( she was two weeks away before applying )
You didn't have any problem, others have had problems.........so why taking the chance???....YOU BETTER WAIT....

guacho
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Guacho,
you're right on the money
 
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