I485 denied because Parents have already natuaralized

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ohgee

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I received Derivative Asylum based on my fathers case when I was under 21. I recently applied to adjust status (I-485) I waited awhile for no real reason, my parents eventually adjusted without me and have since become Citizens. Today i recieved a denial telling me I no longer qualify to adjust since i am over 21 and my father is no longer an asylee. I was also told this does not effect my asylum status or my employment authorization but if I want to file for asylum on my own behalf i could. This doesent make sense do i have asylum or not? According to the letter this I 485 denial dosent effect my Asylum status but I am also ineligible to adjust since my father was the principal who already adjusted. It also said there is no process for appeal......anyone have any ideas?
 
ohgee said:
I received Derivative Asylum based on my fathers case when I was under 21. I recently applied to adjust status (I-485) I waited awhile for no real reason, my parents eventually adjusted without me and have since become Citizens. Today i recieved a denial telling me I no longer qualify to adjust since i am over 21 and my father is no longer an asylee. I was also told this does not effect my asylum status or my employment authorization but if I want to file for asylum on my own behalf i could. This doesent make sense do i have asylum or not? According to the letter this I 485 denial dosent effect my Asylum status but I am also ineligible to adjust since my father was the principal who already adjusted. It also said there is no process for appeal......anyone have any ideas?
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Does it mean that if someone who's received derivative asylum turns 21 can no longer be eligible to file for I-485?
 
Thanks Garov, I have been in the US since 1978, I am now 35 years old and working as a commercial airline pilot. I cant imagine that the man would just kick me out after all this time (maybe I'm being naive). At least it said my Asylum status and work authorization is still valid. All my travel documents over the last five years said i was an asylee and each time i pass US customs (several times a month) I get stamped with Asylum status granted employment authorized. It doesnt make sense now that they say i cant adjust based on my asylum status.
 
Wow 1978??? you are "more" a citizen than those people who are being naturalized in recent years. That's pretty much since u were a young kid. I cannot image why your parents didn't initialize GC and Citizenship for you when you were younger. I know a lot of people from them days are pretty ignorant of immigration laws. I still don't get it, i thought everyone who was an Asylum is entitled to apply for change of status, regardless of time, they've been an asylee. How can they prevent you from changing status if you are in good standing. You haven't done anything that would render you ineligible?
 
ohgee said:
Thanks Garov, I have been in the US since 1978, I am now 35 years old and working as a commercial airline pilot. I cant imagine that the man would just kick me out after all this time (maybe I'm being naive). At least it said my Asylum status and work authorization is still valid. All my travel documents over the last five years said i was an asylee and each time i pass US customs (several times a month) I get stamped with Asylum status granted employment authorized. It doesnt make sense now that they say i cant adjust based on my asylum status.
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How did you not become a PR during all these years?

Have you been an asylee since 1978?
 
I have been an Asylee since 1992. I started the process in 1998 for my adjustment and still have not been able to adjust. First denial was in 2005 due to INS error.
 
If you have been here since 1978 why the heck did you fail to get a green card under the 1986 legalization program?
 
I was thirteen, father hadnt applied for Asylum yet we didnt plan on staying in the US since my Father was here for studies. The Political situation changed and my father applied for Asylum in late 1986.

Why are people criticizing and critiquing instead of helping with answers?
 
ohgee said:
I received Derivative Asylum based on my fathers case when I was under 21. I recently applied to adjust status (I-485) I waited awhile for no real reason, my parents eventually adjusted without me and have since become Citizens. Today i recieved a denial telling me I no longer qualify to adjust since i am over 21 and my father is no longer an asylee. I was also told this does not effect my asylum status or my employment authorization but if I want to file for asylum on my own behalf i could. This doesent make sense do i have asylum or not? According to the letter this I 485 denial dosent effect my Asylum status but I am also ineligible to adjust since my father was the principal who already adjusted. It also said there is no process for appeal......anyone have any ideas?
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I do not believe this affects your asylum status. When you get turned down for a GC, you simply get denied permanent residency but you return to your asylum status. I believe you may have to file a nunc pro tunc application at your local asylum office since I don't believe you are covered under the Child Status Protection Act. I would take that as a first step.
 
I agree with vdostoil, u should file nunc pro tunc application that's what the uscis has recomended that u can apply asylum at ur own as stated in ur first post. U can consult a lawyer too in this regard.
 
Thanks, would it be worth asking them to re-open my case while I await the nunc pro tunc application or will i just have to cough up the $1030 and pay again to start over?
 
ohgee said:
Thanks, would it be worth asking them to re-open my case while I await the nunc pro tunc application or will i just have to cough up the $1030 and pay again to start over?
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I say you probably will not get away with not paying the fee again. But the first step is filing a nunc pro tunc application. Then once it is approved, you can file the I-485.
 
It looks like situation with my son. His derivative asylum was granted in 1998. His I-485 was denied because of CSPA expiration. Asylum Office keep sending his nunc pro tunc I-598 b a c k again and again. They highlighted the questions like "Why are you applying for asylum?" Is this question applicable to the person who live here 15 years, since his 15 y.o.?
 
Hesitant,
I applied for "nunc pro tunc" asylum in the Chicago asylum office, when I filled out the I-589 I answered "nunc pro tunc" to most of the questions. I included a cover letter with an explanation as to what I was applying for and the rejection letter I got from USCIC for my I-485. the whole process took about 2 months, I had an asylum interview where again I answered "nunc pro tunc" to most of the questions since they applied to my fathers Asylum case and I was to young to remember the circumstances of his case. The Asylum officer told me it was mostly a paperwork formality and that they were just trying to make sure that I am who I say I am and the relationship to my father is legitimate.
 
It amazes me that you answered nunc pro tunc to all the questions. I think that was a good way to do it. Also I am wondering where you got the idea? When I did it mine, I was ready to answer all the questions, but they didn't ask me anything about asylum. It was just a formality....very simple questions, like name, address...
 
Hi ohgee and faysal, thank you for your answers. ohgee, I am kind of relieved that I found at least a person with your experience. Could you please to answer me how did you manage to answer the questions in nunc pro tunc application about grounds for asylum, actually, as I understand, it was your father, who was persecuted, not you. Did you answered the same way as your father had answered in his application? For example, the father was seeking asylum based on religion. Did you mark the box "religion", or, instead, you explained on a separate paper all the stuff about your father's persecution? I am wondering, what if the son is not religious person at all? If he supposed to be deported or what?
 
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