Sm1smom
Super Moderator
What did the lawyers say?
Looks like you may be eligible to file for AOS in this case, if the IO assigned to your case is willing to consider your being out of status is as a result of USCIS's inaction on your asylum application - (be prepared to demonstrate this when you do go for your interview). The USCIS Policy Manual seems to support this:
"Technical Violation Resulting from Inaction of USCIS [33]
One example of the phrase “a technical violation resulting from the inaction of USCIS” is where an applicant ceases to have a lawful status because USCIS failed to adjudicate a properly and timely filed request to extend or change nonimmigrant status.
Often an officer can verify a technical violation resulting from USCIS inaction or oversight through review of USCIS systems and the Record of Proceeding. In other instances, an adjustment applicant who claims a technical violation of status based on USCIS’ failure to adjudicate a pending application must prove that:
- The applicant properly filed an application to extend or change nonimmigrant status prior to the expiration date of his or her nonimmigrant status;
- The applicant was a bona fide nonimmigrant at the time of filing his or her application to extend or change nonimmigrant status, which includes establishing intent consistent with the terms and conditions of the nonimmigrant status sought;
- The applicant filed an application to extend or change nonimmigrant status that was meritorious in fact, not frivolous or fraudulent, or otherwise designed to delay removal or departure from the United States;
- The applicant has not otherwise violated his or her nonimmigrant status;
- The applicant remained a bona fide nonimmigrant until the time he or she properly filed an adjustment application; and
- The applicant is not in removal proceedings."
There's only one way to find out the direction in which the wind blows in this case.
