Help needed: what should I do next?

T

Tretik

Registered Users (C)
Hey everyone,

Back in 2003 (I was 17) my family came to the US and applied for asylum. We were not out of status at any point in time nor were we doing anything illegally. I am part of my dad's case as I was not 21 at the time of application. We had an interview in July 2008, however, have not heard anything since (the case appears to be in the "final review" as I was able to contact our asylum case officer and that is what she told us). In June 2010 I got married. My wife and I applied for family-based reunion (I-485/I-130) in July while my family's asylum case application was pending. Everything was going well until our I-485/I-130 interview on October 19th.

At the interview, the officer told us that our marriage is bonafide, however, he cannot make the final decision until I withdraw from my parents' asylum case. He argued that if he gives me a green card and my parents' case get denied then there will be conflicting decisions (or smth like that) He said either that or that the whole asylum application must be withdrawn (my parents' parts included). He did not give us any guidance of whom to contact or how to do it but just told us that he doesn't know anything about how asylum department works and that we need to do it ourselves.

Since October 19th I was able to find the address of the asylum office that my parents' case is at. I called them bazillion times and left 3 voice mails over the span of 3 weeks. I also sent them 2 packages: 1st package just a letter from myself requesting withdrawal of application, 2nd package a letter from myself, a letter from my parents asking to get me off the application and documents proving that my wife's and mine I-485/I-130 are filed + proof of status for asylum case. The last letter was sent out on November 9th and got there on November 12th. I have not heard anything from anyone in the immigration department since the interview.

I need some guidance in what my next steps should be. I have tried contacting them and there is just nothing. No response. It is frustrating or maybe I am just impatient. Maybe they cannot remove me from my dad's asylum case? Maybe the asylum application must be completely closed (which is not going to work out, because my parents will then become illegal here)? Maybe the office did not tell us the right thing at the interview?

Any help appreciated.

Thank you.
 
At this time you are stuck between a rock and a hard place, all you can do is wait for them to take you off the asylum application.
 
namecheckvictim said:
At this time you are stuck between a rock and a hard place, all you can do is wait for them to take you off the asylum application.
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Thanks for your help. Do you think it is worth for me to continue contacting the asylum office? If yes, how would you suggest doing that?
 
I suggest that you make an inquiry through the Community Relations Office (CRO) at USCIS. Tell them that you believe that you were given Official Misinformation by your interviewing officer at gthe AOS interview. Explain the situation, what you were told (include where (s)he said she was not sure about it) and explain what you have done so far. Include all your case information for the asylum case and the adjustment case. Include Office locations that you are dealing with and any employee names if you knpw them. CRO seeks to improve relations and avoid problems that could lead to bad press coverage. Your case is just such a case that could easily be sympathetic in the press, they would like to avoid that and will get to the bottom of it.

SEE: http://www.uscis.gov/portal/site/us...nnel=ea015fc544007210VgnVCM100000082ca60aRCRD
 
BigJoe5 said:
I suggest that you make an inquiry through the Community Relations Office (CRO) at USCIS. Tell them that you believe that you were given Official Misinformation by your interviewing officer at gthe AOS interview. Explain the situation, what you were told (include where (s)he said she was not sure about it) and explain what you have done so far. Include all your case information for the asylum case and the adjustment case. Include Office locations that you are dealing with and any employee names if you knpw them. CRO seeks to improve relations and avoid problems that could lead to bad press coverage. Your case is just such a case that could easily be sympathetic in the press, they would like to avoid that and will get to the bottom of it.

SEE: http://www.uscis.gov/portal/site/us...nnel=ea015fc544007210VgnVCM100000082ca60aRCRD
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Thanks for your help! On that page it says: "The USCIS Community Relations Program will not respond to case-specific inquiries." My questions is case-specific though.. Should I still do it? Is there another way to contact them besides email?

You are saying the officer gave me misinformation. What is the right thing to do? Should I not try to contact the asylum office?
 
USCIS is unlike American Express, you won't be contacted in 7 days to be informed on the status of your case or withdrawal. You need to be patient and wait for USCIS to contact you, the last thing you want to is to have 12 people working on your case from different angles. For now, take a vacation to a warm place and forget about your case for a week or two, till you are contacted by USCIS.
 
You mentioned that the AOS Officer could not grant your marriage based adjustment because you are included on your dad's asylum claim. THAT is wrong. That officer said that (s)he did not know how the asylum office works. Unfortunately, THAT is true. Therein lies your systemic problem that you want CRO to address. They can do this with a sample case==YOURS. They may not contact you directly, but they will not ignore the problem that is brought to their attention. The next thing you may here from USCIS might just be an approval notice telling you to make an Infopass appt. to get an I-551 stamp in your passport.

You said that you initially entered legally, therefore, you are eligible to adjust as an IR of a USC. You would not have been able to apply concurrently in the first place if your spouse was not a USC.
 
BigJoe5 said:
You mentioned that the AOS Officer could not grant your marriage based adjustment because you are included on your dad's asylum claim. THAT is wrong. That officer said that (s)he did not know how the asylum office works. Unfortunately, THAT is true. Therein lies your systemic problem that you want CRO to address. They can do this with a sample case==YOURS. They may not contact you directly, but they will not ignore the problem that is brought to their attention. The next thing you may here from USCIS might just be an approval notice telling you to make an Infopass appt. to get an I-551 stamp in your passport.

You said that you initially entered legally, therefore, you are eligible to adjust as an IR of a USC. You would not have been able to apply concurrently in the first place if your spouse was not a USC.
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Thanks for clarification. So AOS officer should have made the decision regardless my asylum case? Is it there a rule about that somewhere that you can quote? I am just collecting info so I could write a letter (again). Is it worth contacting a lawyer?


Al Southner said:
USCIS is unlike American Express, you won't be contacted in 7 days to be informed on the status of your case or withdrawal. You need to be patient and wait for USCIS to contact you, the last thing you want to is to have 12 people working on your case from different angles. For now, take a vacation to a warm place and forget about your case for a week or two, till you are contacted by USCIS.
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They haven't been very responsive about the asylum case (waiting for 7 years already) so I think if I don't take initiative it will be the same here and I am tired of hanging in the air like that.
 
Tretik said:
I entered as a tourist (B1). We applied for asylum prior to visa expiration.
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Tretik,

This is what I would suggest that you do, find your local US Congressman, talk to someone in their office who handles immigration stuff, you will have to complete some forms for them to be able to access your immigration information from USCIS. I believe that is usually much quicker, provided your Congressman wasn't voted off the office. What you are hoping for is an indication as to whether your recent communication to USCIS has been noted and whether an withdrawal of your asylum case has been processed. I believe the other alternative is an info pass, in which you want to an IO to send an inquiry to the division which handles asylum cases.
 
Al Southner said:
Tretik,

This is what I would suggest that you do, find your local US Congressman, talk to someone in their office who handles immigration stuff, you will have to complete some forms for them to be able to access your immigration information from USCIS. I believe that is usually much quicker, provided your Congressman wasn't voted off the office. What you are hoping for is an indication as to whether your recent communication to USCIS has been noted and whether an withdrawal of your asylum case has been processed. I believe the other alternative is an info pass, in which you want to an IO to send an inquiry to the division which handles asylum cases.
Click to expand...
Thanks Al.
I will try to get those letters out this weekend. I really just need some kind of communication from them even if it is just "We received your request. We will take further actions."
 
Tretik,

You are seeking adjustment under INA 245(a) [8 USC 1255(a)] pursuant to the regulations at 8 CFR 245.1. Look those up and read them. You WILL find that you are eligible and you WILL NOT find any prohibtion against your case being granted just because you are a derivative on an asylum application.

Your parent(s) and siblings, if any, would be seeking the initial asylum status under INA 208 and, if granted asylum, after a year could apply for adjustment under 8 CFR 209.2. Under INA 208(d)(6) if someone makes a FRIVOLOUS application, they are permanently ineligible for any immigration benefit for life. However, YOU did not file an application for asylum, your dad did. The prohibition on any other benefit does not apply to you as a derivative AND you were a minor at the time he applied. You dad may AMEND his application under 8 CFR 208.4(c) and remove you from his application but it is not required.
 
BigJoe5 said:
Tretik,

You are seeking adjustment under INA 245(a) [8 USC 1255(a)] pursuant to the regulations at 8 CFR 245.1. Look those up and read them. You WILL find that you are eligible and you WILL NOT find any prohibtion against your case being granted just because you are a derivative on an asylum application.

Your parent(s) and siblings, if any, would be seeking the initial asylum status under INA 208 and, if granted asylum, after a year could apply for adjustment under 8 CFR 209.2. Under INA 208(d)(6) if someone makes a FRIVOLOUS application, they are permanently ineligible for any immigration benefit for life. However, YOU did not file an application for asylum, your dad did. The prohibition on any other benefit does not apply to you as a derivative AND you were a minor at the time he applied. You dad may AMEND his application under 8 CFR 208.4(c) and remove you from his application but it is not required.
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Thanks for your help!
 
I got an infopass appointment for tomorrow so I'll wait with sending the letters out. Will let you guys know how it goes.
 
Update from the InfoPass appointment today:

I told the lady that during the AOS interview, the officer told us to contact the asylum department ourselves in order to withdraw from the asylum case. I also told her that I thought (from what I read in the Laws section of the USCIS website) the officer did not have to request the documents in order to make the final decision on AOS case. She said that she doesn't know the laws and if the officer needs the documents then I need to get them. She also asked "Why didn't he send the request for documents himself?" I said I didn't know. So basically I wasted over a month writing letters and calling the asylum department when the officer should have done that himself. The lady said that she sent the request (took her 2 minutes) and I need to give them 30 days for processing. As she explained, processing does not mean that the asylum office will actually send the documents. There is a possibility, she said, that asylum office will ignore the request. It just means I have to wait 30 more days.. for processing. Then she told me to schedule an InfoPass appointment in 30 days in order to come to the office and see whether the documents arrived (because they cannot notify me by phone or email or mail, too secret of information). Once I go to the office and if the documents are there (2 conditions must be met at the same time) ONLY THEN they will give them to the interviewing office for review, which I don't want to know how much is going to take.

So to conclude:
1) The officer needs the documents from asylum case no matter what
2) The asylum office might simply ignore the request
3) The asylum office might not send the documents to this field office for some reason
4) I wasted over a month trying to contact asylum office
5) I am getting a lawyer.

Any help appreciated.

Thank you.
 
It has been almost 2 months since my last post here. But the case is still in the air.

What happened since November 28th: I had 2 more infopass appointments: one on January 4th, the other one today (Jan 25th). On January 4th I was told that the Detroit office received some kind of "temp" file of my asylum application on December 22nd but that is not enough for the officer to make a decision. The full file was re-requested the same day (December 22nd) and the lady told me to come in in 30 days. I came in today and there was no progress in the case. San Francisco asylum office did not contact Detroit office at all. The lady said that after 2 requests the officer of our family-based case might be able to make a decision. She went ahead and talked to him for 10 minutes but the officer said that decision cannot be made without him having the my asylum case documents.


It seems like the asylum case is stuck in San Francisco and the asylum office there is not releasing it for some reason. They are also ignoring the requests by the Detroit office. The officer cannot make the decision without the asylum case application.
I thought a bit about next steps:
1) Maybe it is a good time now to meet with a senator representative. Is this a good idea?
2) I have not contacted the Community Relations office yet. Would that be a good idea?
3) I contacted lawyers and they said they won't be able to help me with this as the case is stuck and there is only waiting possible.

Please share your ideas about this case.

Thank you.
 
In all you reading did you read the Affirmative Asylum Procedures Manual at http://www.uscis.gov/USCIS/Humanitarian/Refugees & Asylum/Asylum/2007_AAPM.pdf

Additionally,

8 CFR § 208.14 Approval, denial, referral, or dismissal of application.

(g) Applicants granted lawful permanent residence status. If an asylum applicant is granted adjustment of status to lawful permanent resident, the Service may provide written notice to the applicant that his or her asylum application will be presumed abandoned and dismissed without prejudice, unless the applicant submits a written request within 30 days of the notice, that the asylum application be adjudicated. If an applicant does not respond within 30 days of the date the written notice was sent or served, the Service may presume the asylum application abandoned and dismiss it without prejudice.
 
BigJoe5 said:
In all you reading did you read the Affirmative Asylum Procedures Manual at http://www.uscis.gov/USCIS/Humanitarian/Refugees & Asylum/Asylum/2007_AAPM.pdf

Additionally,

8 CFR § 208.14 Approval, denial, referral, or dismissal of application.

(g) Applicants granted lawful permanent residence status. If an asylum applicant is granted adjustment of status to lawful permanent resident, the Service may provide written notice to the applicant that his or her asylum application will be presumed abandoned and dismissed without prejudice, unless the applicant submits a written request within 30 days of the notice, that the asylum application be adjudicated. If an applicant does not respond within 30 days of the date the written notice was sent or served, the Service may presume the asylum application abandoned and dismiss it without prejudice.
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Thanks BigJoe5,

I don't think this law directly states that decision on the adjustment of status must be made regardless of the asylum case application. It states that if adjustment of status is granted then asylum application is considered abandoned.
In my case the officer refuses to make a decision on the adjustment of status without seeing the asylum case file.
 
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