My mother claimed asylum in 2002 while I was under 21 and she is green card holder now.
In 2003 I was granted derivative asylum status as a child of refuge, but then I never adjust my status. I married a US citizen in 2010. Not long time ago we went to local immigration office to adjust my status through marriage. Somebody told me before that you cannot adjust your asylum status while you married. But the agent in immigration office made us change our minds by telling that getting green card through marriage is long story and I should adjust status through asylum. Last year we sent all required paperwork to Nebrasca Service center and today I got the answer:
“ Re: Form I485. Request for evidence.
The documentation submitted is not sufficient to warrant favorable consideration of your application. UCIS record indicates that you were granted derivative asylum status as the child of XX. The records indicate that you are currently married and can no longer adjust status as the child of refuge. You may apply for asylum in your own right in order to adjust status. Please complete form I-589…”
Then they give me a few options:
1. I can submit all evidence requested
2. Submit no evidence and ask for a decision based upon the record
3. Withdraw the application.
My questions are: What is the right way to withdraw the application? Should I reply to email or go to the court? What are my next steps to adjust my status through marriage? Should I do medical exam/fingerprints again and pay new fees?
Thank you so much for all future help and guidance!
In 2003 I was granted derivative asylum status as a child of refuge, but then I never adjust my status. I married a US citizen in 2010. Not long time ago we went to local immigration office to adjust my status through marriage. Somebody told me before that you cannot adjust your asylum status while you married. But the agent in immigration office made us change our minds by telling that getting green card through marriage is long story and I should adjust status through asylum. Last year we sent all required paperwork to Nebrasca Service center and today I got the answer:
“ Re: Form I485. Request for evidence.
The documentation submitted is not sufficient to warrant favorable consideration of your application. UCIS record indicates that you were granted derivative asylum status as the child of XX. The records indicate that you are currently married and can no longer adjust status as the child of refuge. You may apply for asylum in your own right in order to adjust status. Please complete form I-589…”
Then they give me a few options:
1. I can submit all evidence requested
2. Submit no evidence and ask for a decision based upon the record
3. Withdraw the application.
My questions are: What is the right way to withdraw the application? Should I reply to email or go to the court? What are my next steps to adjust my status through marriage? Should I do medical exam/fingerprints again and pay new fees?
Thank you so much for all future help and guidance!