FAQs about Asylee Green Card Process & Other things.

wantmygcnow

Volunteer Moderator
#1
Acronym Definitions:

Courtesy: Punjabimunda


RD = Receipt Date (When USCIS received your application)
ND = Notice Date (When USCIS notified U that they Rcv'd your application.
RFI = Request for Initial Evidence
RFE = Request for Evidence
FP = Finger Print
AD = Approval Date (When your application was approved)
LUD = Last Update Date on your on-line portfolio at USCIS web-site. It is the date when they last took action on your application, could be anything.
Bio = Biometrics (Digiatal photo, index finger FP and your digital signature. This is needed for the production of GC.


1 year Residence Proof

Courtesy: Hampton8844, Gilbert,Wantmygcnow

I did some research for you and here is what is accepted for 1 year presence in the United States:

-Apartment lease, housing contract, mortgage statement
-Utility bill (Power bill, cable bill, water bill, etc.) or contract for utility services
-School records signed by school official, including date of attendace and days absence.
-Computer generated tax record
-Current life, health, property or automobile insurance policy or binder
-Letter from homeless shelter
-Document from Social Services
-Computer generated check stub
- A sworn affidavit stating knowledge of your 1 year valid stay in the United States after the grant of asylum (may be used ONLY if one of the above documents is NOT available).
________________________________________________________

Question about RFEs

Courtesy: Windywd

USCIS has responded to questions posed by members of the American Immigration Lawyers Association concerning a recent rash of requests for waiver applications by asylee applicants for adjustment of status. Siskind Susser attorneys were contacted by no fewer than ten individuals in different parts of the country who received such requests. Referring to recent reports that applicants for asylee adjustments have been required to fill out I-602 waiver applications for entering the U.S. on false documents, AILA asked why the agency is suddenly requiring waivers of people who are excused from having to go to such measures in order to protect themselves from persecution.



AILA recorded the USCIS response as follows:



"An asylee applying for adjustment of status to that of lawful permanent resident pursuant to Section 209(b) of the Act must be admissible as an immigrant to the US. However, 212(a)(4) public charge, 212(a)(5) labor certification and 212(a)(7)(A) no valid documents are not applicable to asylees seeking adjustment. With the exception of certain inadmissibility grounds related to crimes or national security, most other grounds may be waived for humanitarian purposes, to ensure family unity, or when it is otherwise in the public interest.



"In the case of asylees, however, CIS issued guidance in July 2003, stating that it is not necessary to require the submission of the Form I-602 in those cases involving inadmissibility grounds that appear related to the asylee's manner of entry or unlawful presence because the alien has received protection in the United States. While the subsequent grant of asylum does not 'cancel out' the inadmissibility ground, it does provide sufficient basis for determining that a waiver is warranted on humanitarian grounds in those cases where the applicant was fleeing persecution as demonstrated by an asylum grant.



"When an adjudicator determines that an asylee requires a waiver of inadmissibility prior to adjustment of status, the adjudicator may grant the waiver without requiring submission of the Form I-602 if: The applicant is inadmissible under 212(a)(6)(A)(i) or 212(a)(9)(B); CIS records and other information in the alien file contain sufficient information to assess fully the eligibility for a waiver; There is no evidence in CIS records to suggest that other adverse factors would affect the discretionary determination; and It is appropriate to grant a waiver as described above.



"If evidence does not support a discretionary approval of a waiver, the officer may request that the applicant provide additional information in support of a waiver of inadmissibility. At the time of this request, Form I-602 can be requested if it is not present in the record."

_____________________________________________________________

ASYLEE Travel

Courtesy: Windywd

In a memo released last fall but only recently made available, the USCIS discussed the requirements for international travel by asylees and refugees. Asylees and refugees are required to obtain a refugee travel document before traveling abroad to ensure their readmission to the US. Those who leave without such a document, or attempt to reenter after the document has expired, are inadmissible and may be placed in removal proceedings. They may not reassume their asylee or refugee status until they are granted a new refugee travel document abroad or at the port of entry.

If the person reenters with a valid, unexpired travel document, they must still be examined for admissibility. For asylees, the only grounds of inadmissiblity that should be examined are those that would also result in a revocation of asylum. If a refugee is found inadmissible, they will be placed in removal proceedings. They can apply for asylum during these proceedings. Asylees and refugees may also use advance parole to reenter the US.

Although refugees and asylees who depart the US without a valid travel document are not entitled to readmission, their status as an asylee or refugee clearly indicates that there are compelling circumstances to consider in evaluating their application for admission. Therefore, INS offices overseas have been instructed to issue travel documents to those who left the US without knowing the requirement, and apply for the document within one year of leaving the US. If the person fails to obtain such a document, they may seek humanitarian parole into the US. While reentering on parole terminates the person’s status as an asylee or refugee, the person is still eligible to apply for adjustment of status as a refugee or asylee.

Often, the asylee or refugee will have to return to the country where they claimed to fear persecution. While this will not automatically terminate their status, such visits will be closely examined. The legal standard for determining whether to readmit the person is that “the alien did not engage in any activities while outside the US that would be inconsistent with continued refugee or asylee status.” Therefore, the examination of this issue is very fact specific, and the reasons for the return must be closely examined.

Asylees and refugees who have filed applications for adjustment of status may leave and reenter the US without an advance parole document without abandoning the adjustment application. This is because the law under which asylees and refugees apply for adjustment, unlike the general adjustment of status provision, does not deem an adjustment application abandoned when the applicant leaves without advance parole.
 
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wantmygcnow

Volunteer Moderator
#2
FAQ's continued...

Interviews
Courtesy: Windywd

The USCIS recently issued a policy memorandum indicating when USCIS offices may waive the interview requirement in green card cases. The purpose of allowing waivers is to help USCIS offices better manage their limited resources.
The categories within employment-based immigrant visa applications include adjustments based upon a petition for immigrant worker (Form I-140), or adjustments filed by a spouse or child of such a principal foreign national. The I-140 petition must have been filed by the same employer for whom the adjustment applicant works. If a foreign national is employed by a different employer using the "portability" provisions recently enacted by Congress, the USCIS will consider on a case-by-case basis whether an interview is still necessary.
The USCIS may also waive the interview if an adjustment is based upon an approved immigrant petition for an alien entrepreneur (Form I-526) or a petition for a religious worker (Form I-360),.
The USCIS may waive an interview in family-based immigrant adjustment cases where the adjustment is based on a petition for an immigrant relative (Form I-130) for an unmarried child, parent or spouse of a U.S. citizen who is applying to adjust to conditional resident status from K-1 or K-2 within 90 days of entry. Interviews may also be waived for an unmarried child under 14.
For asylees or refugees, most adjustment applications will be adjudicated at the Nebraska Service Center without an in-person interview. However, cases may be referred to an USCIS district office for interview if they involve complex issues, criminal charges or indications of fraud, or cases where the record indicates changes in the country conditions on which the original grant of asylum was based.
Other categories of adjustment applications where the USCIS may waive the interview include cases where: (1) the applicant has been interviewed in the course of an investigation, field examination, or prior interview, and the USCIS determines that a further interview is unnecessary; (2) the applicant is a native or citizen of Cuba, or is a spouse or child of such a foreign national regardless of citizenship or place of birth, applying for adjustment under the Cuban Refugee Adjustment Act; (3) there is sufficient evidence to support a denial of adjustment without conducting the interview; or (4) the applicant is a beneficiary of Form I-360 filed as a battered spouse or child and the Service does not have any information that casts doubt on the approval of the I-360.
Even when a case falls within one of the categories, the USCIS may still determine that an interview is necessary if the case involves complex issues, criminal charges, indications of fraud, or any other reason the application is at higher risk. The USCIS will decide whether to conduct an interview on a case-by-case basis.
 
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wantmygcnow

Volunteer Moderator
#3
Notice of Intent to Deny(NOID) & RFE MEMO

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The USCIS will start to give out RFE's ONLY if they want to approve the case and Notice of Intend to Deny(NOID) If they think you shouldn't be able to adjust the case. Here is the memo from a law website and USCIS

1. Good News : USCIS Rescinds Negative RFE Memo!

The U.S. Citizenship and Immigration Services (USCIS) issued a memo on February 16, 2005, to all Regional Directors, Service Center Directors, District Directors, and Officers-In-Charge that rescinds the controversial May 4, 2004 Memo regarding Requests for Evidence (RFEs). The May 4, 2004 Memo was being used by many adjudicators to justify denials of cases without the issuance of an RFE and without providing the parties with an opportunity to address perceived weaknesses in a case.

Samplings Used to Help Determine Revised Policy

The February 16, 2005 Memo indicates that the prior (May 4, 2004) RFE Memo was issued because adjudicators were issuing RFEs on cases that were clearly not approvable under any circumstance. These are cases that, essentially, are asking for an immigration benefit that does not exist. The issuance of RFEs in these cases resulted in delays in the processing of legitimate cases. As explained below, this category of case can still be denied without an RFE.

Since the May 2004 RFE Memo was issued, the USCIS looked at another sampling of files. They found that many cases were being denied that could have been approved if the applicants had been given the opportunity to provide additional information in response to the RFEs or Notices of Intent to Deny (NOIDs). On this basis, the USCIS has recognized that the "denial without RFE" system was of no greater help to customers of the USCIS than the prior practice of issuing essentially useless RFEs. In light of these revelations, the USCIS has now taken the step of rescinding the prior Memo and issuing the new (February 16, 2005) RFE Memo.

Outright Denials Allowed under Certain Circumstances

The new RFE Memo retains the concept that a case may be denied if it is clearly not approvable. These are cases where basic statutory or regulatory requirements are clearly missing.

This includes cases where the applicant or petitioner is categorically ineligible to receive a benefit, including, but not limited to:

Applications for naturalization from persons under the age of 18 years;

I-130 relative petitions filed for ineligible classes of relatives, such as grandparents or nieces;

L-1 inter-company transferee petitions where the company in the U.S. clearly has no relationship to a foreign company abroad;

Cases where the evidence shows that a substantive requirement for a benefit cannot be met, including, but not limited to:

an H1B petition for a factory machine operator or other position that clearly does not require a bachelor's degree or higher;
an E-1 or E-2 treaty trader or investor petition filed for a beneficiary who is not a national of a country that has a qualifying treaty with the U.S.; or
an H2B temporary worker petition for a beneficiary who has already been in the U.S. for three years or more without a six-month absence.

Approval of an Application or Petition without an RFE or NOID

The February 16, 2005 new RFE Memo clearly provides that, if an applicant or petitioner has established eligibility for the immigration benefit sought, the case should be approved. The new RFE Memo reminds adjudicators that the old "Zero Tolerance Memo" issued in 2002 as a reaction to 9/11 has been rescinded. [More information is available in our Oct 3, 2003 article 'Zero Tolerance' Policy Withdrawn.] Therefore, there is no need to issue RFEs or NOIDs merely to eliminate all potential doubt and all possibility for fraud. Instead, the new RFE Memo recognizes that the standard for petitioners and applicants is a "preponderance of the evidence" standard. This is a term of law meaning that the petitioner or applicant must establish that it is more likely than not that the person or entity filing the application or petition has met the burden of proof for the case to be approved. This is a much lower standard than the "beyond a reasonable doubt" standard in criminal matters or the "clear and convincing" standard in quasi-criminal cases, both of which are far more stringent.

When Issuance of RFE or NOID is Appropriate

If an adjudicator believes that the evidence provided raises questions about eligibility or does not fully establish eligibility, the issuance of an RFE or NOID is still discretionary. The new RFE Memo strongly recommends, however, that the adjudicator issue the RFE or NOID. The Memo gives guidance as to how the examiner is to decide between issuing an RFE or NOID.

Selecting to Send an RFE

The February 16, 2005 new RFE Memo directs an adjudicator to issue an RFE, rather than a NOID, if a necessary piece or pieces of evidence are missing. According to the Memo, "the highest quality RFE is one that limits the request to the missing evidence. Generally, it is unacceptable to issue a RFE for a broad range of evidence when, after review of the record so far, only a small number of types of evidence is still required." The new RFE Memo recognizes that RFEs requesting a full gamut of information when only a small amount is needed to make a final decision "overburdens the USCIS' customers, over-documents the file, and wastes examination resources through the review of unnecessary, duplicative, or irrelevant documents." This directive is obviously a welcome one and, hopefully, something that will make its way into actual practice.

While adjudicators may use template language in an RFE, the Memo advises that all requests included in a particular template may not be appropriate for every RFE. Therefore, adjudicators are advised in the new RFE Memo not to send the entire template but only the portions applicable to the particular case.

Selecting to Issue a NOID

USCIS adjudicators are directed to issue a NOID rather than an RFE if the filing does not appear to establish eligibility by the preponderance of the evidence, the case appears ineligible for approval but not necessarily incurable, or the adjudicator intends to rely on evidence not submitted by the filer for denial of the case. Under the new RFE Memo, NOIDs must provide an explanation as to why the case might be denied in order to give the applicant or petitioner the opportunity to respond or rebut the concerns of the adjudicator.

NOIDs are currently required under regulation in lieu of outright denial for Violence Against Women Act (VAWA) petitions, adjustment of status applications for certain physicians, and certain legalization applications. This regulation may be changed in the future.

Evaluating Responses to RFEs and NOIDS

The new RFE Memo reminds adjudicators to evaluate cases based on the complete record of evidence once RFE or NOID responses are received. They are not supposed to simply rely upon the information provided in response to the RFE or the NOID. The Memo recognizes that an RFE response may result in the need for the issuance of another RFE or NOID. The Memo indicates, however, that it should be much rarer that another NOID or an RFE is issued after receiving a NOID response. We note that it is best to assume that, in most cases, the RFE or NOID response will be the last opportunity to supply evidence and address issues of concern prior to a decision. Thus, it should be treated as such and prepared so that all necessary evidence and arguments are made with the response to the RFE or the NOID. It may be that the case will be transferred for an interview or another RFE / NOID will be issued, but one should never assume that s/he will be given another chance.

Referrals for Fraud

In addition to issuing an RFE or NOID when appropriate, the adjudicator may also refer a case to a Fraud Detection and National Security (FDNS) Immigration Officer if the adjudicator suspects fraud. Such a referral, however, must be based on conflicting or derogatory information available to the adjudicator that would lead a reasonable person to question the truthfulness of the applicant, petitioner, and/or other entity (such as attorney) associated with the benefits sought.

Conclusion

The new RFE Memo reflects that the USCIS has a commitment to customer service even while security remains a priority. We not only applaud, but offer a standing ovation to the USCIS for the decision to rescind the May 4, 2004 RFE Memo and issue a more instructive and comprehensive guidance to its officers. Issued on February 16, 2005, this made a nice gift during the week of St. Valentine's Day for the benefit of the immigrant community!
 

petertherock77

Registered Users (C)
#5
Asylee I485 Adjustment

Can someone please help me to understand how my case is processing.

I485- Filed in NSC on 2/09/2005
FP- Code 1 requested on 4/07/05
FP- Done 4/21/05
I485- Case transferred to TSC on 1/18/06 for processing.
FP- Code 2 biometrics requested on 1/25/06
FP- Code 2 biometrics Done on 2/4/06
LUD- 1/18/06, 1/27/06, 2/6/06, 2/7/06- No indication of approval of I485 yet. Still Showing the request for additional evidence (FP Code2).

Does it mean my GC is about to be approved? or is FP Code 2 for I485 a good sign of approval.
 

ccordova624

Registered Users (C)
#6
Same case

I file my AOS in april 05, my case was transfered to TSC on Jan 06 then online it says that they sent me a Request for evidence, but it has been almost a month and I have not receive the RFE.

Have you receive your RFE?
 

petertherock77

Registered Users (C)
#7
ccordova624 said:
I file my AOS in april 05, my case was transfered to TSC on Jan 06 then online it says that they sent me a Request for evidence, but it has been almost a month and I have not receive the RFE.

Have you receive your RFE?
Yes my RFE (Medical) was requested on January 27
 

ccordova624

Registered Users (C)
#8
AOS Asylee

This was the fastest AOS I have experienced in the TSC.
I-485 after 1 year as an Asylee

Dec 30 2005 --- Receipt Notice (I-485)
Jan 20 2006 --- Biometrics and finger print Appointment
Jan 28 2006 --- Notice of cases approved
February 07 2006 ---- GC were mailed
February 09 2006 Green Cards were received.

** This was the case for 3 asylees (Ages 9, 9, and 5)
** The principal applicant and the spouse cases are still pending.

(Less than 2 months for asylee AOS for 3 minors)
 

petertherock77

Registered Users (C)
#9
ccordova624 said:
I file my AOS in april 05, my case was transfered to TSC on Jan 06 then online it says that they sent me a Request for evidence, but it has been almost a month and I have not receive the RFE.

Have you receive your RFE?
Call the NATIONAL CUSTOMER SERVICE NUMBER at 800-375-5283 & let them know that you have not received your RFE. it is usually after 14 days if you don't receive it then you must call. When you call press option 1,2,2,2 & wait for a representative. Have your application number & alien number ready. There is always a deadline for an RFE, so you have to act upon this immediately.
 

ccordova624

Registered Users (C)
#10
Re:

petertherock77 said:
Call the NATIONAL CUSTOMER SERVICE NUMBER at 800-375-5283 & let them know that you have not received your RFE. it is usually after 14 days if you don't receive it then you must call. When you call press option 1,2,2,2 & wait for a representative. Have your application number & alien number ready. There is always a deadline for an RFE, so you have to act upon this immediately.
Thanks Peter, I did that 2 days ago. I requested that the RFE to be resend. They gave me a confirmation number, and they told me that I will receive an update within 30 days.
Everytime I called they were telling me something different... to send a letter to TSC, to wait 30 days.... until I finally talked to a representative that allowed me to put a request for the RFE be resend.
My lawyer also put a liaison inquiry about it. On top of all that the G-28 was not logged into the TSC system, so when he called they refused to provided him with info. The G-28 was on the system on NSC, but when it got transferred to TSC somehow was not log.
I am afraid I will miss the deadline. It has only been 20 days.
My sister case, filed at the same time as mine, has the same problem.
My lawyer told me that we will have to wait... I hate waiting....
everyday I check the update online hoping to get some news...
 
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petertherock77

Registered Users (C)
#11
ccordova624 said:
Thanks Peter, I did that 2 days ago. I requested that the RFE to be resend. They gave me a confirmation number, and they told me that I will receive an update within 30 days.
Everytime I called they were telling me something different... to send a letter to TSC, to wait 30 days.... until I finally talked to a representative that allowed me to put a request for the RFE be resend.
My lawyer also put a liaison inquiry about it. On top of all that the G-28 was not logged into the TSC system, so when he called they refused to provided him with info. The G-28 was on the system on NSC, but when it got transferred to TSC somehow was not log.
I am afraid I will miss the deadline. It has only been 20 days.
My sister case, filed at the same time as mine, has the same problem.
My lawyer told me that we will have to wait... I hate waiting....
everyday I check the update online hoping to get some news...

How long do you think it will take for me to receive GC after submission of the medical exam and updated G325 form? Will it take a long time again for the case to be approved. I have done my biometrics (Code 2) too?
 

Cl_Asylee

Registered Users (C)
#13
Opinion:

RFI: Request For Initial evidence (I-639 & G-325A).

RFE: Request for Future Evidence. It could be many things like birth certificate, passport or RTD copies, etc.

opinion said:
What is the difference between RFI & RFE?
 

opinion

Registered Users (C)
#14
Helpful info: was collected from this forum

1)
by cadel
"The most important is code 1 which means Fingerprint.This is for your background check purpose,part of your application process.Uscis collects your fingerprints and send them to FBI for screenning.FBI does the job and send the result to uscis.Once you're done with medical and biographic,you may get approved from day to another one.Then you receive an approval notice.That means,code 1 is done necessary before an approval.Code 2(Digtal photo and signature+ index print) is only for GC production.You may do it before or after approval.This depends on how the I.O on charge of your case works.If you do code 2 before an approval,your card is produced as soon you get approved and you get it in 3-4 days.If you don't,uscis will schedule you for one and then they can be able to produce your card.Code 3 is when you do the 1 and the 2 at the same time.Code 3 is necessary done before an approval."

2)
"SRC - Cases that filed @TSC (Texas)
LIN - Cases that filed @NSC (Nebraska)
EAC - Cases that filed @VSC (Vermont)
WAC - Cases that filed @CSC (California)"

3)
"The first two numbers is the fiscal year of application. The next three are the number of days in the year. And the last numbers are just consecutive numbers.
For example if I applied on January, 26 2006. I will get: LIN-06-026-xxxxx"

4)
"Cl_Asylee
should I consider myself ND 2006 or ND 2005? I kind of liked being ND 2005 !

You are ND2006. Because you applied on Nov-2005. And Fiscal year 2006 is from Oct-01-2005 to Sep-30-2006"

5)
by LolaLi
You calculate your citizenship eligibility date as follows: 'Resident since' date on GC + 5 years - 90 days.

So for example: You got your GC on Jan. 10 2005. Your GC should have been backdated so that the 'resident since' date reads Jan. 10 2004.

Jan. 10 2004 + 5 years (Jan. 10 2009) - 90 days = Oct. 15 2008

*The person would be eligible to file N-400 on or after Oct. 15 2008.

Hope that helps.
 
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petertherock77

Registered Users (C)
#15
petertherock77 said:
How long do you think it will take for me to receive GC after submission of the medical exam and updated G325 form? Will it take a long time again for the case to be approved. I have done my biometrics (Code 2) too?
Recently, I submitted my medical examination and there was an LUD, stating that on March 6, 2006 we received your response to our request for evidence or information. It is taking between 850-950 days to process this kind of case, however because preliminary processing was complete the processing time will be less than the maximum stated on this message. You will receive a written decision on this case.

Please I need to know how long it will take for me to recieve my GC? Anyone in the same situation or who has been through this stage in the past.
 

Minsk

Registered Users (C)
#16
petertherock77 said:
Recently, I submitted my medical examination and there was an LUD, stating that on March 6, 2006 we received your response to our request for evidence or information. It is taking between 850-950 days to process this kind of case, however because preliminary processing was complete the processing time will be less than the maximum stated on this message. You will receive a written decision on this case.

Please I need to know how long it will take for me to recieve my GC? Anyone in the same situation or who has been through this stage in the past.

what is your ND?
 

ccordova624

Registered Users (C)
#17
petertherock77 said:
Recently, I submitted my medical examination and there was an LUD, stating that on March 6, 2006 we received your response to our request for evidence or information. It is taking between 850-950 days to process this kind of case, however because preliminary processing was complete the processing time will be less than the maximum stated on this message. You will receive a written decision on this case.

Please I need to know how long it will take for me to recieve my GC? Anyone in the same situation or who has been through this stage in the past.
I have the same UD in my online portfolio... What's your TIMELINE?
 

petertherock77

Registered Users (C)
#18
Cl_Asylee said:
Opinion:

RFI: Request For Initial evidence (I-639 & G-325A).

RFE: Request for Future Evidence. It could be many things like birth certificate, passport or RTD copies, etc.
When your status cannot be found it means the case is locked by your IO for approval & should be updated through CRIS/ USCIS-CSSO soon. Congrats in advance.
 
#20
Hi I am new, I need help

After reading the forum I think my case is taking too long.
I filed my 485 in May 2000 at NSC. Then in April 2005, they transfered my case to LA district office. Since then i haven't received any letter from LA.
I went to INS office a couple times to find out about my case, but didn't get any new information.
My wife who filed 1 year later than me already got the approve notice yesterday.

Any suggestion, please help?
Thanks a lot.
 
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