Need help applying for the Resident status

N

nimbiotics

Registered Users (C)
Hi all,

I was granted asylum status in March 2005 and my family (wife and two kids) were granted refugee status in October same year. Due to economical reasons I couldn’t reunite with my family until June 2006.

Before I talk to a lawyer, I would like to know what would be the next step we need to take in order to apply for the permanent resident status. I understand each of us has to fill the I-485 forms but my doubts are:


  • -What are the fees? There is a note at the uscis web site note that says about the fees: “$930 plus a biometrics fee of $80; the fee total is $1,010. Exceptions listed below. There is no fee for applicants who are filing Form I-485 based on having been admitted to the United States as a refugee. Applicants 80 years of age or older are not charged a biometric fee; the fee total is $930. Applicants under 14 years of age: - Filing with the I-485 application of at least one parent have a fee total of $600 - Not filing with the I-485 application of at least one parent have a fee total of $930”. I understand I wouldn’t have to pay the fees for my wife and kids but Asylee and Refugee are usually used indistinctively so, would I have to pay the $930 fee? I already had my biometrics taken when they granted my asylee status; do I have to pay for it again?
  • -Where do I send the applications? The uscis web site states that if the I-485 is based on asylum I should send it to the Texas Service Center (I live in Florida) and my wife and kids’ are based on refugee status, so they should be sent to the Nebraska Service Center. My question is, being a family; shouldn’t they all be sent to the same Service Center?
  • -Besides the I-485 form, I will also be filing the I-765 (application for employment authorization) for each one of us. DO I have to file any other form? Is there any other step?
  • -I have been told that I HAD to apply for the resident status after the first year. Is this true? Does it mean I am currently illegal in this country? If so, is there anything I can do to get that fixed?
  • - If I’m not illegal and this is all just a matter of filling the I-485 and I-765 forms do I really need a lawyer to do this?
Any comments will be greatly appreciated, thanks a lot in advanced!
 
You do not need a lawyer,the forms are simple to fill on your own, and you are in-staus,just fill the forms and send the to the correct service center depending on where you live,the other family members have to send to the service centers of their durisdiction per your observation, you do not have to send them to the same place
 
are you positive that your family was admitted as refugees under section 207 of the INA? Please double check your documentation.

If they were admitted as refugees, then they do not pay the I-485 application fee.

However if you were granted asylum here under section 208 then you must pay the fee.

Each applicant must send the form as required by the form. It does not matter that other family members are told to send to a different place.


and no you are not required to apply right after one year. You can wait as long as you want.
 
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Thanks a lot for your answer Zimbabwe.
Please read paragraphs 6 and 7 of this article to understand why I have doubts as to whether or not we are still in-status. Please give let me know what you think..

Thanks a lot in advanced!
 
This is based on a really old asylum regulation. The regulation was changed in 1991. After 1991 asylum is granted indefinitely and does not expire.
 
Thankfull,

Thanks a lot for your prompt answer!

You did make an important point when you asked whether my family was granted asylum or refuge. Here is some info I'm taking the I-797 of my wife, son and daughter. I do not have my docs at hand now:
-------------------------------------------------------------
Case Type:
I730 REFUGEE ASYLEE RELATIVE PETITION

Notice Type:
Approval Notice
Class: ASSY

Body:
Your ... petition ... has been approved in accordance with section 208 of the Immigration and Nationality Act ...
-------------------------------------------------------------

So, are my wife and kids Refugees or asylees? I'm more confused now, besides being worried for having to pay $4,040 in fees!!!
 
Last edited by a moderator:
nimbiotics said:
Thankfull,

Thanks a lot for your prompt answer!

You did make an important point when you asked whether my family was granted asylum or refuge. Here is some info I'm taking the I-797 of my wife, son and daughter. I do not have my docs at hand now:
-------------------------------------------------------------
Case Type:
I730 REFUGEE ASYLEE RELATIVE PETITION

Notice Type:
Approval Notice
Class: ASSY

Body:
Your ... petition ... has been approved in accordance with section 208 of the Immigration and Nationality Act ...
-------------------------------------------------------------

So are my wife and kids Refugees or asylees? I'm more confused now, besides being worried for having to pay $4,040 in fees!!!
Click to expand...


They are asylees because they are under section 208. Refugees are processed only under section 207.

This means that they both have to pay the application fee.

If you are really struggling financially, you can ask them to waive the application fee.
 
Don't forget that you can apply for Refugee Travel Documents and Employment Authorisation Documents for free when you apply for permanent residence.
 
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