I-485 and I-589 (2 interviews in 2 days)

[Zynn]

Hi! I received 2 interview notices and need an advice.
09/1990 came to US from USSR on B1 visa
11/1990 applied for I-589 (Political Asylum). Had initial interview. Extended EAD all these years. Received no other communication from INS.
3/2002 Married US citizen, we applied for I-485
10/2004 INS lost docs, we reapplied for I-485
2/2006 Interview notice for I-485 for March. Then cancellation notice.
3/2006 New interview notice for I-485 (Garden City, 4/5)
Few days later – for 16 year old I-589 – interview notice (Rosedale, 4/4)

Shall I send a letter to Rosedale telling them about I-485 interview and asking to forward my old case to Garden City as supposedly Garden City will ask for it anyway?
Or shell I just go to both interviews, if yes would my wife be admitted to Asylum interview even though she is not on I-589?
Does it look like close dates of 2 appointments are not accidental and Asylum office was already contacted by Garden City, but then why interview???

Any comment is appreciated. Thanks!!!

 

[rex1960]

...
Any comment is appreciated. Thanks!!!

I tend to think that calling them in advance would be one thing to do.
I have no idea what to do now that the asylum case popped up after all those years. Good look anyway.

наилучшие пожелания

 

[Suzy977]

Hi! I received 2 interview notices and need an advice.
09/1990 came to US from USSR on B1 visa
11/1990 applied for I-589 (Political Asylum). Had initial interview. Extended EAD all these years. Received no other communication from INS.
3/2002 Married US citizen, we applied for I-485
10/2004 INS lost docs, we reapplied for I-485
2/2006 Interview notice for I-485 for March. Then cancellation notice.
3/2006 New interview notice for I-485 (Garden City, 4/5)
Few days later – for 16 year old I-589 – interview notice (Rosedale, 4/4)

Shall I send a letter to Rosedale telling them about I-485 interview and asking to forward my old case to Garden City as supposedly Garden City will ask for it anyway?
Or shell I just go to both interviews, if yes would my wife be admitted to Asylum interview even though she is not on I-589?
Does it look like close dates of 2 appointments are not accidental and Asylum office was already contacted by Garden City, but then why interview???

Any comment is appreciated. Thanks!!!

If your marriage case is a nice clean one, without any "problems" go for it and forget about the political asylum.

To keep it in play, just in case (even though I don't see why!?!) you can ask them to reschedule the Political Asylum interview, hopping that by then your I-485 will be approved.

Political Asylum was a slippery road back in the early 90's, I don't know what chances you may have today in 2006

 

[Zynn]

If your marriage case is a nice clean one, without any "problems" go for it and forget about the political asylum.

To keep it in play, just in case (even though I don't see why!?!) you can ask them to reschedule the Political Asylum interview, hopping that by then your I-485 will be approved.

Political Asylum was a slippery road back in the early 90's, I don't know what chances you may have today in 2006

Marriage case is clean and genuine. Asylum is a slippery road indeed as USSR no longer exists I have several concerns though:
1.Both offices potentially “competing”for same Asylum case file
2.INS stalling decision on I-485 (or loosing the file again) and my EAD expiring (so far I managed to alternate EAD's from both cases, each taking about 6 month to approve).
So far my lawyer's advice is consistent with your's, i.e. “forget Asylum”. Thanks!

 

[akatu]

Here is the the pitfall of asylum.
it seems that you cannot just "forget" about it. You should either go ahead or withdraw your application.
If you "just forget" about it they might issue deportation order and it would be very difficult to continue I-485.

First thing you should do: find out the status of your asylum case. It happened in the past that people we invited to interview just to learn that they had been deported already. Because they gave you EADs this should not be your case. Bottom line collect more information about your status, and if asylum case is still alive, withdraw it.

 

[Zynn]

Thanks for all replies.

Bottom line collect more information about your status, and if asylum case is still alive, withdraw it.

I don't know the receipt number of asylum case, and interview notice doesn't have it either. Would INS representative answer me if I just call and ask about the status, or would they initiate a case inquiry? My lawyer said I can withdraw the case by mail, is that the best way?

 

[Suzy977]

Thanks for all replies.

I don't know the receipt number of asylum case, and interview notice doesn't have it either. Would INS representative answer me if I just call and ask about the status, or would they initiate a case inquiry? My lawyer said I can withdraw the case by mail, is that the best way?

Yes, Akatu is right. When I said "forget" about political asylum I meant close the case.

You said in your first post that you got an invitation for interview, that letter should have enough info for you about the case.

Yes, you can withdraw your request for political asylum by mail.
Just make sure they receive your request ...and keep proofs of it until you become an American citizen.

 

[Zynn]

Submitted withdrawal letter

Submitted withdrawal letter to Asylum office – letter from I-589 lawyer, my letter (notarized by lawyer), copies of both interview notices – package (FedEx) received by Asylum office on 3/22.
I-589 lawyer called Asylum office next day, was told that they don't see my I-589 file in the system - it is not yet listed in their archive. I wonder if they will ever find it, and if it will delay I-485 indefinitely.
Now choices seem to be to go or not to go to Asylum interview on 4/4. I tend to think i should go (unless more info is obtained by calling) to avoid any negative actions by Rosedale, to re-submit withdrawal if needed, and to talk to an officer.
Are there dangers in appearing in person (hopefully with the lawyer) on Asylum interview?

 

[akatu]

It's worth to attend asylum interview and file withdrawal during interview. You also can request info about your case under FOIA from DOS to make sure that they did not make any determinations so far like final order of deportation.

 

[Suzy977]

Submitted withdrawal letter to Asylum office – letter from I-589 lawyer, my letter (notarized by lawyer), copies of both interview notices – package (FedEx) received by Asylum office on 3/22.
I-589 lawyer called Asylum office next day, was told that they don't see my I-589 file in the system - it is not yet listed in their archive. I wonder if they will ever find it, and if it will delay I-485 indefinitely.
Now choices seem to be to go or not to go to Asylum interview on 4/4. I tend to think i should go (unless more info is obtained by calling) to avoid any negative actions by Rosedale, to re-submit withdrawal if needed, and to talk to an officer.
Are there dangers in appearing in person (hopefully with the lawyer) on Asylum interview?

Yes, go to the interview and tell them to close the case. Is no danger to go here.

 

[Zynn]

Asylum Lawyer has received a fax confirming application withdrawal and that asylum file is in Garden City. Both he and i received withdrawal confirmation and appointment cancellation letters in the mail.
Went to adjustment of status interview. My lawyer said asylum case will probably not be discussed as it is treated as confidential, and it wasn't. In any case I offered asylum withdrawal confirmation letter to the DAO, she accepted and attached to the rest of the documents. She wrote my A#, date of interview and her name in my passport. She said that my name check is not yet available and that decision will be made “soon.”