legalimmihelp
New Member
Looking for advice on a derivative asylee I-485 denial after 7.5 years of pending. Here is the situation.
- Primary and Beneficiary has now been married for more than a decade
- Primary filed for asylum and received interview in 2014
- Primary got married during the wait time and eventually added beneficiary during the interview process
- Primary's asylum got asylum approved in 2014
- I-730 was filed for beneficiary shortly after primary's asylum approval.
- Beneficiary asylum was approved in September 2017
- I-485 was filed in July 2018 along with an I-602 to address a minor older immigration matter that is well within waivable grounds under INA §209(c) .
- I 485 application stayed in pending for more than 7.5 years
- Within those years, couple made multiple documented attempts to reach USCIS through service inquiries, a senatorial inquiry, and a congressional inquiry over the years with "no" meaningful response
- Primary naturalized in March 2021 not knowing it could affect beneficiary's pending case. USCIS never warned them that despite the ongoing inquiries
- Despite the naturalization, USCIS issued a medical RFE for beneficiary and conducted a full interview with beneficiary in 2025 four years later without raising any concern about primary's change of status and no notification or hints were provided in either occasions
- After this long wait and despite multiple inquiries, USCIS denied the I-485 citing that the principal is no longer a refugee due to naturalization in 2026.