"DENIAL OF ADJUST OF STATUS" ND 2000
- Thread starter TOPGUN2000
- Start date
There are only several things that they can cite as a reason of denial:
Sec. 209.2 Adjustment of status of alien granted asylum.
The provisions of this section shall be the sole and exclusive procedure for adjustment of status by an asylee admitted under section 208 of the Act whose application is based on his or her asylee status.
(a) Eligibility.
(1) Except as provided in paragraph (a)(2) of this section, the status of any alien who has been granted asylum in the United States may be adjusted by the director to that of an alien lawfully admitted for permanent residence, provided the alien: (Amended effective 7/6/98; 63 FR 30105)
(i) Applies for such adjustment;
(ii) Has been physically present in the United States for at least one year after having been granted asylum;
(iii) Continues to be a refugee within the meaning of section 101(a)(42) of the Act, or is the spouse or child of a refugee;
(iv) Has not been firmly resettled in any foreign country; and
(v) Is admissible to the United States as an immigrant under the Act at the time of examination for adjustment without regard to paragraphs (4), (5)(A), (5)(B), and (7)(A)(i) of section 212(a) of the Act, and (vi) has a refugee number available under section 201(a) of the Act.
Apart from criminal record, the easiest way for them to deny you is the change of COP conditions. Go figure.
Sec. 209.2 Adjustment of status of alien granted asylum.
The provisions of this section shall be the sole and exclusive procedure for adjustment of status by an asylee admitted under section 208 of the Act whose application is based on his or her asylee status.
(a) Eligibility.
(1) Except as provided in paragraph (a)(2) of this section, the status of any alien who has been granted asylum in the United States may be adjusted by the director to that of an alien lawfully admitted for permanent residence, provided the alien: (Amended effective 7/6/98; 63 FR 30105)
(i) Applies for such adjustment;
(ii) Has been physically present in the United States for at least one year after having been granted asylum;
(iii) Continues to be a refugee within the meaning of section 101(a)(42) of the Act, or is the spouse or child of a refugee;
(iv) Has not been firmly resettled in any foreign country; and
(v) Is admissible to the United States as an immigrant under the Act at the time of examination for adjustment without regard to paragraphs (4), (5)(A), (5)(B), and (7)(A)(i) of section 212(a) of the Act, and (vi) has a refugee number available under section 201(a) of the Act.
Apart from criminal record, the easiest way for them to deny you is the change of COP conditions. Go figure.
My heart goes out to you. From 2000 to now??? Why the major delay? I am puzzled as to why they would make you wait this long if they had circumstances by which to deny your request. Unless of course something happened recently as they processed your application? 
- Is it something to do with crime? Were you arrested for a crime?
- Did you breach the asylee agreement? by going to home country? Was your initial claim for asylum legit?
- Did the conditions change drastically?
- Are there medical grounds of inadmissiblity?
Do you have legal representation? What does the notice indicate? do you have to go back to your home country? Or wait to reply?
I really hope that it is a mistake or something that you can contest and win. When you recover from this shock, please find a minute to let us know what circumstances befell your application. As you know this board is also an information board and as such this information is good to know. Thanks and all the best in your next step of action.
- Is it something to do with crime? Were you arrested for a crime?
- Did you breach the asylee agreement? by going to home country? Was your initial claim for asylum legit?
- Did the conditions change drastically?
- Are there medical grounds of inadmissiblity?
Do you have legal representation? What does the notice indicate? do you have to go back to your home country? Or wait to reply?
I really hope that it is a mistake or something that you can contest and win. When you recover from this shock, please find a minute to let us know what circumstances befell your application. As you know this board is also an information board and as such this information is good to know. Thanks and all the best in your next step of action.
Sorry to hear that Top gun. After waiting all those years to become a Permanent residence/Citizen. This news fells like falling Sky on Head. It’s very hard to think straight now. I ask my attorney and he told me that Immigration officer can deny your Adjustment as a Permanent residence but they can’t Revoke your Asylee status and you will continue receive Asylee benefit.
Talk to a Good attorney everything will be fine.
Good luck to everyone.
Talk to a Good attorney everything will be fine.
Good luck to everyone.