Sm1smom
Super Moderator
I don’t your eligibility to file for AOS, as one of the eligibility criteria requires the applicant to have never violated the terms of his or her nonimmigrant status. Following your departure from the US without an approved AP, your pending derivative asylum would have been deemed abandoned, which makes you out of status from the moment your authorized stay as a visitor expired until the day you departed from the US in 2021. You should consider processing CP in that case.Hello everyone,
if anyone had the same or similar situation as mine and an experience related to that, I would really appreciate if you could share it here. So, here my story:
My family and I, including two children, entered the US in 2017 on a B1/B2 visa. Before our non-immigrant visa expired, we submitted an asylum application and have since been awaiting an interview with an immigration officer. My husband is the main applicant, and my kids and I are listed as dependents under this case. in 2021, due to an emergency back home, I traveled to my home country for 2,5 weeks without obtaining AP. Also, since my passport has been expired while being in the US, once I returned to my country, I renewed my passport. However, I managed re-enter the US using my work authorization and my renewed passport.
In Sept, 2023. I submitted an EB2 NIW case which was approved in Dec of the same year. I am now waiting for visas to become available to file AOS. I am concerned about the high risk of being unable to adjust my status, given that I had no lawful status in the US, only authorized to stay.
Additionally, I was recently selected for the DV lottery (but with a high case number 32K), and now I am uncertain about the best course of actions to take advantage of immigration policies and rules to secure a green card for myself and my family. Any thoughts, advises much appreciated ...Thanks
You however may want to seek a legal opinion by doing one or two consultations with reputable immigration lawyers.