If you're granted asylum, your status changes to asylee. I'm wondering if during the one-year period that the individual with the asylee status has to wait before submitting I-485 for change of status to permanent residency he/she could become eligible for one of the employment-based green card categories, is it still possible to use that option or they would have no way but to go through the asylee to PR rout?
change of status from Asylee to PR through employment
- Thread starter MJ_irani
- Start date
Depends. People from certain countries (read China, India, Mexico) are having to wait years and years for their employment based green cards to be processed. You need to make an analysis of which one is faster.
The rule is always simple: You can apply for ANY immigration benefit, as long as you are eligible. You are free to use whatever method you want to get the green card, as long as you are eligible. However, mixing the different ways can be bad for you. Kinda strange to say that....i'm legally here in the US as an asylee, but I'm not applying for an employment based green card. That doesn't make sense. Typically:
asylee status (1 year wait) ----> A6 green card
employment status visa (2-12 years wait) ----> EB-3 etc GCs,
The rule is always simple: You can apply for ANY immigration benefit, as long as you are eligible. You are free to use whatever method you want to get the green card, as long as you are eligible. However, mixing the different ways can be bad for you. Kinda strange to say that....i'm legally here in the US as an asylee, but I'm not applying for an employment based green card. That doesn't make sense. Typically:
asylee status (1 year wait) ----> A6 green card
employment status visa (2-12 years wait) ----> EB-3 etc GCs,
I know that the employment based GC takes longer (roughly one year for my country if you have an approved I-140). but it won't have the travel restrictions of a an asylum based GC
Clear the issue of your current status. What status do you have in the US? They will have a hard time approving your application if you say you an asylee, but now want an employment based gc. What you can do your our employment based gc process, be very clear from the outset about your status. It might go through. HOWEVER, if you later on try to apply for a GC based on asylum, or even citizenship down the line, the officers are entitled to ask you questions. If you are abandoning your asylee status, you should give it a go. The only issue to be very careful about is mixing up the pathways..., try your best to keep them separate. Be prepared for long term issues, esp. when you apply for citizenship...where they can dig up all stuff. Think long term.
Suppose that I was on the student status when I applied for asylum and I maintained my status while my asylum case was pending. Do you mean my student status is revoked when I'm granted asylee status? I know it's hard to change status from asylee through EB category but It is possible to keep a dual status (student & asylee) that'd be great. I'm meeting an attorney on Saturday and I will bring it up.
I just wanted to point this fact out, senate might pass HR1044 bill next month so if it passes all GC applications based EB categories might get doomed for other nationalities except Indians and a few Chinese almost 12 years.
Student Status = Non-immigrant visa
Asylee = immigrant.
Theoretically, you can't have both! But you have to make sure that your student status is still valid. Yep...becoming an asylee doesn't invalidate your F1 student status...as long as you abide by the F1 student visa rules. Down the line, someone might be interested to know why you wanted to keep both status because it doesn't make sense. When you travel abroad, you can only be admitted into the US under 1 category, not two. When you come back after traveling, CBP will cancel one of your status....the embassy will say that you are not eligible for an non-immgrant visa since you asylum status shows intention to be a migrant. Basically....you can't travel back to home country...why:
1. Your F1 student status will be cancelled...you are not only intending, but you have clearly shown that you want to be an immigrant
2. Questions will be raised if you go back to home country with your asylee status, could get tricky coming back in the country or gc/citizenship application.
If you don't travel, then you can maintain dual status, but that doesn't have sense. What is the benefit of maintaining both status?
1. You can still travel the world with your F1 student visa, as long as it hasn't expired....if it expires, you are required to go back to your home country to reapply for the visa. But if you stay in the US, the visa is valid indefinitely as long as you are going to school etc. But that destroys your plans, because you want the F1 student visa for unlimited travel, including back home. Of course, you can't work more than 20 hours week during school terms. You can't drop out of school. You can't change schools willy nilly. And MOST importantly, you can't apply for jobs here in the US, unless if you have OPT authorization.
2. As an aslyee, theoretically, you can do all things, except going home. You can't go home again. I haven't gone home since 2007
. Of course, you can go home with your student status, but there is no guarantee you will have your student visa renewed by the embassy. Don't know if CBP will allow you back into the country. I think that, theoretically, you need to take action and stick to one status. Dual status doesn't help you as explained above. In fact, using benefits from the dual status might put you in jeopardy in the future. If I was in your shoes, I would do the obvious thing: stick to asylee status. You can still go to school, work, etc. But you can't go home.
Even if you decide to stick to F1 Student visa, you still can't go home as soon as that visa expires....since you are an asylee. Of course, you can go home, if you file some documents informing USCIS that you are officially abandoning your asylee status. You can put down the reasons. You can take that submitted documents to your embassy, to prove that you have no intention of becoming an immigrant, ....it will be up to them to decide whether you are still eligible for a non-immigrant F1 student visa.
Ultimately, I'm failing to see the benefits of trying to be an asylee and F1 student at the same time.
Yeah, I'm aware of that
I am not sure if it is possible to do a hnage of status from asStudent Status = Non-immigrant visa
Asylee = immigrant.
Theoretically, you can't have both! But you have to make sure that your student status is still valid. Yep...becoming an asylee doesn't invalidate your F1 student status...as long as you abide by the F1 student visa rules. Down the line, someone might be interested to know why you wanted to keep both status because it doesn't make sense. When you travel abroad, you can only be admitted into the US under 1 category, not two. When you come back after traveling, CBP will cancel one of your status....the embassy will say that you are not eligible for an non-immgrant visa since you asylum status shows intention to be a migrant. Basically....you can't travel back to home country...why:
1. Your F1 student status will be cancelled...you are not only intending, but you have clearly shown that you want to be an immigrant
2. Questions will be raised if you go back to home country with your asylee status, could get tricky coming back in the country or gc/citizenship application.
If you don't travel, then you can maintain dual status, but that doesn't have sense. What is the benefit of maintaining both status?
1. You can still travel the world with your F1 student visa, as long as it hasn't expired....if it expires, you are required to go back to your home country to reapply for the visa. But if you stay in the US, the visa is valid indefinitely as long as you are going to school etc. But that destroys your plans, because you want the F1 student visa for unlimited travel, including back home. Of course, you can't work more than 20 hours week during school terms. You can't drop out of school. You can't change schools willy nilly. And MOST importantly, you can't apply for jobs here in the US, unless if you have OPT authorization.
2. As an aslyee, theoretically, you can do all things, except going home. You can't go home again. I haven't gone home since 2007
I think that, theoretically, you need to take action and stick to one status. Dual status doesn't help you as explained above. In fact, using benefits from the dual status might put you in jeopardy in the future. If I was in your shoes, I would do the obvious thing: stick to asylee status. You can still go to school, work, etc. But you can't go home.
Even if you decide to stick to F1 Student visa, you still can't go home as soon as that visa expires....since you are an asylee. Of course, you can go home, if you file some documents informing USCIS that you are officially abandoning your asylee status. You can put down the reasons. You can take that submitted documents to your embassy, to prove that you have no intention of becoming an immigrant, ....it will be up to them to decide whether you are still eligible for a non-immigrant F1 student visa.
Ultimately, I'm failing to see the benefits of trying to be an asylee and F1 student at the same time.
I can't travel with my F-1 visa either because it has expired and I have no interest to visit my home country.Student Status = Non-immigrant visa
Asylee = immigrant.
Theoretically, you can't have both! But you have to make sure that your student status is still valid. Yep...becoming an asylee doesn't invalidate your F1 student status...as long as you abide by the F1 student visa rules. Down the line, someone might be interested to know why you wanted to keep both status because it doesn't make sense. When you travel abroad, you can only be admitted into the US under 1 category, not two. When you come back after traveling, CBP will cancel one of your status....the embassy will say that you are not eligible for an non-immgrant visa since you asylum status shows intention to be a migrant. Basically....you can't travel back to home country...why:
1. Your F1 student status will be cancelled...you are not only intending, but you have clearly shown that you want to be an immigrant
2. Questions will be raised if you go back to home country with your asylee status, could get tricky coming back in the country or gc/citizenship application.
If you don't travel, then you can maintain dual status, but that doesn't have sense. What is the benefit of maintaining both status?
1. You can still travel the world with your F1 student visa, as long as it hasn't expired....if it expires, you are required to go back to your home country to reapply for the visa. But if you stay in the US, the visa is valid indefinitely as long as you are going to school etc. But that destroys your plans, because you want the F1 student visa for unlimited travel, including back home. Of course, you can't work more than 20 hours week during school terms. You can't drop out of school. You can't change schools willy nilly. And MOST importantly, you can't apply for jobs here in the US, unless if you have OPT authorization.
2. As an aslyee, theoretically, you can do all things, except going home. You can't go home again. I haven't gone home since 2007
I think that, theoretically, you need to take action and stick to one status. Dual status doesn't help you as explained above. In fact, using benefits from the dual status might put you in jeopardy in the future. If I was in your shoes, I would do the obvious thing: stick to asylee status. You can still go to school, work, etc. But you can't go home.
Even if you decide to stick to F1 Student visa, you still can't go home as soon as that visa expires....since you are an asylee. Of course, you can go home, if you file some documents informing USCIS that you are officially abandoning your asylee status. You can put down the reasons. You can take that submitted documents to your embassy, to prove that you have no intention of becoming an immigrant, ....it will be up to them to decide whether you are still eligible for a non-immigrant F1 student visa.
Ultimately, I'm failing to see the benefits of trying to be an asylee and F1 student at the same time.
I was just wondering if change of status through an employment based method is possible if your status is immigrant (asylee) and not non-immigrant (student). I'm more interested in getting the GC from EB category than asylum becuase
1) it does not have the travel restrictions
2) my country of nationality is not currently subject to a large EB green card backlog.
3) They dont scrutinize your naturalization application that much compared to an asylum category
This goes back to what I wrote at the start of this topic. What is your status? Are you working based on your asylee status or non-immigrant status? These are the paths to get to GC via EB1, EB2, and EB3:
I don't see a path for an asylee here....since being an asylees means you are not holding any of the above. Good luck.
I don't see a path for an asylee here....since being an asylees means you are not holding any of the above. Good luck.
SusieQQQ
Well-Known Member
They will scrutinize your entire immigration history when you naturalize, including your asylum claim.
Thanks for sharing this info.
I met with an immigration attorney today and I brought up this question. Here is the full hypothetical picture:
I'm on a non-immigrant status (student). I apply for asylum. While maintaining my student status and in the meanwhile my asylum case is pending, I get hired by a company in the US with my EAD from OPT and not my EAD through Asylum. Remember that OPT is an extension of the non-immigrant student status. Now imagine that while I'm working at this company and BEFORE the employer does PERM Labor certificate, I'm granted asylum. My question from the lawyer was that if it is possible for the company to apply PERM and I-140 for me. The answer is that the company can do this because I have maintained my non-immigrant status all the way through and being an asylee is just something parallel to it, BUT getting a green card through asylum is pretty much guaranteed and faster than the employment based category if you've been granted asylum. So, no need to bother going down the EB route.
For those of you who are wondering if you could get hired with an asylum based EAD and then get your GC based on your employment. it is NOT possible.
so that means it is OK to go ahead with asylum based green card?
If you are not on any other Status, you don't have any other option but asylum based GC. To go through the emplyment based path, you need to be on a valid non-immigrant status.
1AurCitizen
Registered Users (C)
Yes, things have gotten tight of late.. USCIS has been eagle-eyed in scrutinizing applicant's entire immigration history during n400 process.