GC Through USC Spouse or Asylum?

B

bash123

Registered Users (C)
I have lived in US for 7 years now as an asylee through my Mother.
I was granted asylum in Feb. 1999 and applied for permenant residency in may 2000.

Jan 2003, I got married to a US citizen but never applied for PR through USC spouse because i was expecting the asylum case to get approved any month.
January of 2005, i finally filed my case for PR through spouse because asylum i-485 was taking too long.

Now, July 2005, I received a litter in regards to my Asylee I-485 saying that since I'm married now, I have to reapply for asylum and if granted, my grant date would be dated back to my original grant date and i-485 would be processed. I haven't heared about my I-485 through spouse but am assuming its in progress.

My questions are:
1. what should I do in regards to the INS letter?
2. Should I stick to both "pending" I-485 applications?
3. Whats my current legal status?

-thanks much,
 
Did you call to the Customer Service to know about the status of your case as spouse of a US citizen?

good luck,
 
bash123 said:
I have lived in US for 7 years now as an asylee through my Mother.
I was granted asylum in Feb. 1999 and applied for permenant residency in may 2000.

Jan 2003, I got married to a US citizen but never applied for PR through USC spouse because i was expecting the asylum case to get approved any month.
January of 2005, i finally filed my case for PR through spouse because asylum i-485 was taking too long.

Now, July 2005, I received a litter in regards to my Asylee I-485 saying that since I'm married now, I have to reapply for asylum and if granted, my grant date would be dated back to my original grant date and i-485 would be processed. I haven't heared about my I-485 through spouse but am assuming its in progress.

My questions are:
1. what should I do in regards to the INS letter?
2. Should I stick to both "pending" I-485 applications?
3. Whats my current legal status?

-thanks much,
Click to expand...
I think you are better off going through spouse. I am not an authority on asylum cases, but I believe there are some travel restrictions if you get your GC through asylum i.e. you cannot travel to the country you used to show threat to your life.

You may want to consult other asylum specialist.
 
bash123 said:
My questions are:

1. what should I do in regards to the INS letter?

It’ s up to you.
Either ignore the INS letter, which in turn will deny your Asylum based I-485 (for which you are not illegible anyway anymore) and pursue the marriage based case.
Or, you might cancel your marriage based I-485 and file I-589 (asylum application) nunc pro tunc and wait for the interview in your local Asylum office. Based on the date you filed your first I-485 you’ll get your GC through asylum within one year. Since INS lost the gap lawsuit they started adjusting more cases in one year then before.
In my personal opinion – If your marriage is strong – stick to your second I-485. Less problematic and more benefits.​

2. Should I stick to both "pending" I-485 applications?

You can keep two applications pending, but only one can be approved.​

3. Whats my current legal status?

Derivative assylee.​

-thanks much,
Click to expand...
 
Thanks much everyone.

2. Did I lose my derivative asylee status when I got married two years ago?
If so, whats my status now?

1. What are the chances that I might get denied asylum if I re-apply for asylum as "nunc pro tunc" since in the original application, it was my mother's life in danger and I derived asylee status through her.

-Thanks much
 
bash123 said:
Thanks much everyone.

2. Did I lose my derivative asylee status when I got married two years ago?
If so, whats my status now?

No. You lost the so-called privilege to adjust to the PLR through the asylum (unless you file nunc pro tunc within a year since you got that letter from INS). Your legal status didn’t change.​

1. What are the chances that I might get denied asylum if I re-apply for asylum as "nunc pro tunc" since in the original application, it was my mother's life in danger and I derived asylee status through her.

Well, all you’ll have to do is file a new application omitting the details of prosecutions (during the interview they won’t ask you about it, so don’t worry. Just make sure you staple a copy of your mother’s origin application and your derivative approval to your new application). What are your chances? Hmm…This question was asked already several times on the “Political Asylum forum” http://www.immigrationportal.com/forumdisplay.php?f=37
Unfortunately no one actually went trough this process and couldn’t answer for sure. ​

-Thanks much
Click to expand...
 
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