New Asylee - Advice please!!

Visit this site

http://www.ins.usdoj.gov/graphics/formsfee/forms/files/I-765.pdf. Carefully read the instructions. You will find there answer to all your questions. It is my understanding you are category a(5) with initial application and, consequently; fee exempted, but better check it. You have to wait one year from your assylum approval to apply for I-485. Actually, you can apply 3 months before, so you have 9 months to do your own search and find out the forms, requisites, etc by yourself and not to pay to a lawyer (you really don\'t need him, but have to do some search first, and learn from others experience). INS website is a good starting point.
I advise you to apply after 9 months (if this rule hasn\'t changed). Applying 3 months in advance could mean more than a year waiting for your I-485 processed. Good luck
 
question for alanpero

so if my asylum was approved on Decemeber 2001, i can apply I-485 on Sept 2002, is that what u mean?
 
Where\'s this 9-month rule?

Where\'s this INS rule that says an asylee can apply for a GC after 9 months of being granted asylum? I thought it was a year, but I\'ll take the 9 months if the rule really exists!
 
I do not believe this rule exists at all

I think that a rule of this nature applies to citizenship applications, but not asylees.
 
How long from "Recommended Approval" to "Final Approval"?

I have just recently been granted "recommended approval" for my asylum application. How long does it generally take before I get "final approval"? I understand that I need to get my fingerprints checked before that can happen, but I have not even received that notice yet? Again, how soon will I get the notice? Any advive, based on your knowledge and experience will help. Thanks.
 
1 to 18 months

It ranges from one to eighteen months. It really depends on your luck. Most people are cleared within six months.

BTW, you ARE NOT an asylee until final approval is actually issued in your case. During the background check process you are still an asylum applicant. You have to apply for an EAD as a (c)(8). The one year period after which you can file for adjustment will NOT start running until the date of final approval.
 
Andrew

Yes, that is my understanding, you have to live in the US for at least one year. I went through that process a while ago. Now that you can find almost everything in the internet you can verify, but I don\'t think that has changed. Good luck
 
Danc00

From your message I understood you were already an asylee. As I understand you are not an asylee until you get your final approval. Go back to the instructions for I-765 and check what category then applies to you. The one year period will count from your final approval. Remember, for the EAD they ask for the asylum approval letter and you do not have that yet.
As for the 9 month rule, I went through that process a while ago, and believe it is worth of to do some search and find out if that rule is not longer valid or never existed. You can find almost all the information you need through the Internet. Good luck.
 
I thought I was an asylee, alanpero ... guess not .. yet :-(

I think my lawyer told me if INS approves my asylum application, then I become an asylee. Well, 2 weeks after my asylum interview, I got the "recommended approval" letter. Of course, I was overjoyed, but then I started learning the "pros and cons" of being an asylee, no, just asylum applicant. (One thing I never knew it took sooooo long to get GC!!) Of course, my "recommended approval" letter says I need to get fingerprints cleared before my "final approval", but I didn\'t know that was going to take from 1 to 18 months! Guess I am thoroughly confused now! I am still an H1-B1, that is valid for another 18 months. What if my H1-B1 expires before my "final approval" arrives? Guess I need to apply for that EAD now, eh, but not as an A05 yet, I guess. Still an asylum applicant, apparently. Comments and advice, please.
 
Danc00,

You can get an EAD by filing the I-765 application with the service center of your area (not the NSC). Check C08 as the your category of eligibility. When you get the card, it will be valid for one year. You are no longer tied to your H1 employer. You can work for whoever pays you the most. Stopping worrying about your HI status. It is not relevant to you now. Even if you want to pursue employment-based immigration rather than wait for asylee adjustment, you do not need H1 to do this at all. So just stop fretting.
 
Fingerprints,

If you have not already, you will be getting a notice for a fingerprint appointment at an "Application Support Center". Take care of this as soon as you can. After the FBI sends the results of its investigation to the INS, the asylum officer will mail you the final approval letter, with an I-94 attached.

If you do not hear from the asylum office within three or four months, do not be shy. Bug them. People end up waiting 18 months generally because they neglect to inquire.
 
Don\'t worry Danc00

There is no reason to worry about status. You are not an asylee yet but close to, need to be patient. Don\'t worry about H1 either, you won\'t be illegal when it expires, you are an asylum applicant, eligible for EAD and will have that status until your final approval is issued. No worries.
 
Thanks, alanpero

Thanks, alanpero, for all those reassurances, and for the information from all of you out there. I sure am learning a lot about this asylum process in very short a time. I guess I never really bothered to learn very much about it because my asylum application was very iffy, and because of problems of moving and traveling, never even got to go to the interview until almost 2 years after my application. Now, there\'s so much to learn, and I\'ve learnt more here in these last few days than my attorney has ever told me in the last 2 years! But there\'s so much more to learn, so really appreciate your continuing to dessimate information and advice. And I will always be a constant visitor here, now.
 
Recommended Approval" AND "Final Approval

i am just curious why some people got recommended approval and had to wait for the final approval?
The letter i got from INS after the asylum interview says "IT HAS BEEN DETERMINED THAT YOU ARE ELIGIBLE FOR ASYLUM IN THE UNITED STATES....YOU HAVE BEEN GRANTED ASYLUM IN THE UNITED STATES FOR AN INDEFINITE PERIOD..." and there is an I-94 attached.
 i wait for a year to apply the green card
 i think that was final approval, right?
thx
 
Andrew01

I went to Canada and posted my experience a while ago. To summarize I did not have problem to get visa nor when coming back to the US. I got Canadian visa and Canadian admission stamped in my RTD. Actually I have just read in INS page guidance for citizens and PR traveling to Canada. It doesn\'t apply to us but I believe there are links to Canadian embassies, and how to get visas. Check that out, it could be of help for you. Good luck
 
It\'s a matter of fingerprints, right?

From my INS letter, and from what I\'ve been able to learn, the only difference between "recommended approval" and "final approval" is a matter of submitting your fingerprints to INS (only when they ask!), and having them cleared. Did you had your fingerprints taken, at, during, or after your asylum interview, bigmichael? I believe fingerprints are not normally taken then. Please share with us your experience.
 
No Title

Hey Danc00, i did took the fingerprints before the interview.
from my letter i dont see any words such as "recommended" or "final".
basically it just tells me that my asylum has been granted and i got benifit such as employment, applying for resident after one year...
however, there r some sentence like, "ASYLUM STATUS DOES NOT GIVE YOU THE RIGHT TO REMAIN PERMANTLY IN THE UNITED STATES. ASYLUM STATUS MAY BE TERMINATED IF YOU NO LONGER HAVE A WELL-FOUNDED FEAR OF PERSCUTION BECAUSE OF A FUNDAMENTAL CHANGE IN CIRCUMSTANCES..."
but i guess it is normal.
And i applied my green card in augest 2000, no information have been received right now.
seems to me that it takes 5-6 years to get green card, good thing is that i am still in school , so i am not really in hurry.
 
You must log in or register to reply here.
Top