help me please

phatpumpkin84

New Member
Asylum derivate "aged out"

In 1997 my father was granted asylum, and along with his asylum was granted Asylum petition I 730 for his family of three kids and a wife. At the time of my entrance into the USA I was at the age of 15 and was under my father’s asylum case. I am the oldest of three kids, now at the age of 22. In March of 2004 we filed Adjust Status to permanent residence I 485, at which time I was at the age of 20. In the mean time I have been submitting evidence materials, photos and doctor examinations to the INS, as well as fingerprints and background check for the biometrics code 3. My mother, my brothers and I all submitted evidence, and gave fingerprints at the same time. Soon after, my youngest brother (current age 16) was asked to submit additional photos and was granted his green card. Soon after his green card approval my mother followed same process and received her green card. Since, my older brother (age 18) and I (now age 22) havent had any change in our status. I have inquired about my case status on line, and with the 1800 # however, haven’t gotten any help as to finding out what is going on with my case and where I am in the application process. I never received a notice about the “age out process” nor was I aware that I needed to be concerned with this issue, seeing as to how my father’s asylum carried my name on it, and I applied for adjustment of status before I turned 21.

I have asked for some legal advice, and what I was told is that I have “aged out” of the regular process for the I 485 and that I have a couple of options for further pursue of my permanent residence status. I was advised to file I 589 (Nunc Pro Tunc) along side of my fathers asylum and was told that such filing is a formality and will be granted. I am scared to start a new application process without fully being aware of where I stand in my regular I485 adjustment.

If anyone has any idea as to what I should do, whom I should contact, or know of anyone who might be able to advise what I should do next, please re-post. Any help at all at this point is appreciated.

Sex: Female
DOB: September 12, 1984

Time Line:
Fathers Asylum Application - Granted July 1997
Refuge/Asylee Petition I 730 - Granted October, 1997
Entrance into the USA with Asylum - Granted August, 1998
Adjust Status to Permanent Resident - Filed March 2004
ASC Appointment Notice - Dated October 2005
Request for Initial Evidence - Filed December 2005
Biometrics ASC - Filed December 2005
TENprints Reviewed & Submitted - Filed December 2005
 
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phatpumpkin84 said:
In 1997 my father was granted asylum, and along with his asylum was granted Asylum petition I 730 for his family of three kids and a wife. At the time of my entrance into the USA I was at the age of 15 and was under my father’s asylum case. I am the oldest of three kids, now at the age of 22. In March of 2004 we filed Adjust Status to permanent residence I 485, at which time I was at the age of 20. In the mean time I have been submitting evidence materials, photos and doctor examinations to the INS, as well as fingerprints and background check for the biometrics code 3. My mother, my brothers and I all submitted evidence, and gave fingerprints at the same time. Soon after, my youngest brother (current age 16) was asked to submit additional photos and was granted his green card. Soon after his green card approval my mother followed same process and received her green card. Since, my older brother (age 18) and I (now age 22) havent had any change in our status. I have inquired about my case status on line, and with the 1800 # however, haven’t gotten any help as to finding out what is going on with my case and where I am in the application process. I never received a notice about the “age out process” nor was I aware that I needed to be concerned with this issue, seeing as to how my father’s asylum carried my name on it, and I applied for adjustment of status before I turned 21.

I have asked for some legal advice, and what I was told is that I have “aged out” of the regular process for the I 485 and that I have a couple of options for further pursue of my permanent residence status. I was advised to file I 589 (Nunc Pro Tunc) along side of my fathers asylum and was told that such filing is a formality and will be granted. I am scared to start a new application process without fully being aware of where I stand in my regular I485 adjustment.

If anyone has any idea as to what I should do, whom I should contact, or know of anyone who might be able to advise what I should do next, please re-post. Any help at all at this point is appreciated.

Sex: Female
DOB: September 12, 1984

Time Line:
Fathers Asylum Application - Granted July 1997
Refuge/Asylee Petition I 730 - Granted October, 1997
Entrance into the USA with Asylum - Granted August, 1998
Adjust Status to Permanent Resident - Filed March 2004
ASC Appointment Notice - Dated October 2005
Request for Initial Evidence - Filed December 2005
Biometrics ASC - Filed December 2005
TENprints Reviewed & Submitted - Filed December 2005

Did you already submit your I-589? If so, then you should be getting an interview notice and your I-485 after the grant of asylum should process automatically. Please clarify.
 
Phatpumpkin84: First of all welcome to the forum: Second, calm down; you are not alone. As I understand it, your notice date is 2004. There are many individuals who are in your same situation. At this time, you should be trying to move your case, but you should not worry too much.
My understanding is that you are derivative asylee. If you are sure that you are required to do the nunc pro tunc it is good idea that file it now. It is easy and formality. It is scary when you hear it, but it is just easy. I did it by self without any assistance from anybody even though mine stemmed from divorce and the service asked for it. However, I don’t think that “age out” is delaying your case. If that was the case the service would have sent you a letter asking you to do it. Also there was a law passed in 2003, which they call “child protection act”. I don’t know how that law affects you but it protects people like you from aging out, so I think you should go to your local asylum office and inquire about it. Note also that many lawyers and advocates of refugees don’t understand some immigration issues.
As far as knowing your status goes, this very difficult. Try to contact you congress man or the office of abdusman.

Good luck…
 
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