Processing time for green card based on asylum

[Alishah121]

Guys im planning to apply for asylum pls guide me about how much time it will take to get work authorisation after filing for asylum. Anybody pls share timelines.
ill also apply for i-130 and AOS simultaneously.

 

[Johannita226]

Lo

Guys im planning to apply for asylum pls guide me about how much time it will take to get work authorisation after filing for asylum. Anybody pls share timelines.
ill also apply for i-130 and AOS simultaneously.

Are you planning do AOS under which category?

 

[Alishah121]

Lo


Are you planning do AOS under which category?

My wife’s father became citizen few days back, we came on b2 visa in october 2024

 

[CWH]

Guys im planning to apply for asylum pls guide me about how much time it will take to get work authorisation after filing for asylum. Anybody pls share timelines.
ill also apply for i-130 and AOS simultaneously.

Well, your wife will fall under the F3 category, and according to Dec 2024 Visa Bulletin, those who filed and already got I-130 approved in 22APR12 (table B) are eligible to file for AOS.

Family-based green cards, unfortunately, are not immediate relatives. So for you to remain in the US for AOS, there are criteria that you have to pass:
1. You must be lawfully inspected (checked);
2. Your I-130 must have already been approved (You can file Form I-130 now, but you will have to wait a long time for it to be adjudicated.)
3. You must have a lawful and active non-immigrant status (you are now, but what will you do after your authorized 6-month stay to have a status active? You cannot keep extending your B2 status forever. However, you can file for COS (change of status) from one non-immigrant to another non-immigrant status.)

Let's say you file for COS from B2 to F1 today. It will take approximately 3-6 months for USCIS to adjudicate. Let's also say that you were granted F1 status, you have to keep studying for 13 or more years to be eligible for "filing" for AOS (adjustment of status) from one non-immigrant to an immigrant status (that's Form I-485). Based on the same Visa Bulletin, USCIS is now adjudicating those who filed Form I-485 on 15APR10 (table A). That is one of the costly options for remaining legally in the US because you will be paying for tuition but not authorized to work at all times.

Of course, you can take the asylum route, and that's the route I took. I filed for asylum in October 2014 and got approved in May 2023. You read it correctly. It took me 10 years to become an asylee. You would be eligible for an EAD card after 180 days of filing, and it would authorize you to work anywhere and as much as a green card holder or a US citizen. (Please note that I am still waiting for my I-130 to be adjudicated under F4, which takes the longest out of 4 family-based preferences.) You would not have to maintain any status because you would be staying legally with asylum pending. You would be eligible to file for AOS one year after you get your asylum status. If worse comes to worst, your asylum application were to be denied, the time that you stayed in the US based on asylum-pending status would come back and bite you. You would become statusless with those years of unlawful stay in your pocket. You would be deported and barred, and obviously, you would not be eligible to file for AOS. Nevertheless, there is a lengthy process that you can fall into -- appeal your asylum application. By the way, with Trump taking office in January 2025, the LIFO (last in first out) queue is likely to come back. If that happens, your asylum application will be adjudicated before you can apply for an EAD.

You have to fasten the seatbelt because you will be taking a long journey regardless of the route you choose.
Good luck.

 

[Alishah121]

Thanks for the detailed reply so what I gathered is I should go for asylum first and wait for the decision and try my luck and what will be my status after march end when my b2 stay will be expired and what if it stays pending will I be able to get EAD or social security sort of thing to rent a house or buy a car?

 

[Asylee11]

Actually I was afraid too but I asked the officer too he said no issues he want to make sure I don’t visit cop Any 3rd country is fine with cop passport not cop country

CBP officers knows literally very few about the immigration law he knows the basic so if your asylum was approved based on political thing then congratulations you will have fun during the N-400 interview with the USCIS officer who is responsible for everything not the CBP! You made a huge mistake that you will find out about when you apply for the citizenship! Enjoy the ride

 

[Johannita226]

CBP officers knows literally very few about the immigration law he knows the basic so if your asylum was approved based on political thing then congratulations you will have fun during the N-400 interview with the USCIS officer who is responsible for everything not the CBP! You made a huge mistake that you will find out about when you apply for the citizenship! Enjoy the ride

"I've noticed you often share negative stories about various topics. However, I'd like to share a contrasting experience. My brother-in-law, who was an asylee, recently became a US citizen with no issues. He had traveled with his passport and green card, and when questioned about it, he explained that his home country's government couldn't protect him.

His honesty and explanation led to a smooth process. His experience shows that, despite challenges, positive outcomes are possible.

 

[Hasan17]

Hello.
Why nobody sharing they timeline for approval of I-485?
Please guys it's very helpful for other people. Thanks!

 

[CWH]

Thanks for the detailed reply so what I gathered is I should go for asylum first and wait for the decision and try my luck and what will be my status after march end when my b2 stay will be expired and what if it stays pending will I be able to get EAD or social security sort of thing to rent a house or buy a car?

You and your wife know your situation best, and what you said is just one of a few options that you can choose. In my opinion, that is an optimistic option because you assume that you will get a result from your asylum application before your B2 status expires. You failed one and you have another plan to fall back too.

Let's assume that your asylum application hit the 6-month mark. You have to decide whether you will leave the US that very day or reside in the US without a main and active status but in the asylum-pending state. I use the term "state" because asylum-pending is not a status. You might say you are in limbo but have the privilege to stay and wait for a decision and be authorized to work while waiting. To answer your question, you can submit Form I-765 after 180 of acceptance of the form. In an ideal case, USCIS must mail your Form I-766 (EAD Card) to you a month later as the law stipulates. In practice, many people, myself included, have to follow up with USCIS to inquire about the progress. That's when you are eligible to apply for an SSN. As for renting a house or buying a car, I think it depends on the other parties you deal with.

 

[Asylee11]

"I've noticed you often share negative stories about various topics. However, I'd like to share a contrasting experience. My brother-in-law, who was an asylee, recently became a US citizen with no issues. He had traveled with his passport and green card, and when questioned about it, he explained that his home country's government couldn't protect him.

His honesty and explanation led to a smooth process. His experience shows that, despite challenges, positive outcomes are possible.

Negative stories? So when i say facts that’s considered negative? Shall i leave people trust the bs and their illusions? First of all how come your brother traveled with cop and in the same time he said his own country government can’t protect him? Your words doesn’t make sense so correct it first before we get in conversation

 

[CWH]

"I've noticed you often share negative stories about various topics. However, I'd like to share a contrasting experience. My brother-in-law, who was an asylee, recently became a US citizen with no issues. He had traveled with his passport and green card, and when questioned about it, he explained that his home country's government couldn't protect him.

His honesty and explanation led to a smooth process. His experience shows that, despite challenges, positive outcomes are possible.

I am not going to comment on anyone's style of expression, but in this case, I agree with @Asylee11. I don't mean to not believe what you said because I did believe you, but it does not represent the entire pool of outcomes. The person you referred to was lucky the interviewer did not or may not pay attention to that fact. Not everyone will be that lucky. If one were to get a thorough interviewer who denied his application because of the very fact that he used his COP passport for travel ... he might say to himself "what if?" I don't want everyone else to reminisce and feel sorry with the what-if.

 

[Johannita226]

Negative stories? So when i say facts that’s considered negative? Shall i leave people trust the bs and their illusions? First of all how come your brother traveled with cop and in the same time he said his own country government can’t protect him? Your words doesn’t make sense so correct it first before we get in conversation

his reason for seeking asylum wasn't government persecution, but rather a different circumstance. Despite this, he was able to travel with his passport and even renewed it after his asylum was granted.

It's essential to consider the specific details of each individual's case, rather than making general assumptions."

 

[Asylee11]

his reason for seeking asylum wasn't government persecution, but rather a different circumstance. Despite this, he was able to travel with his passport and even renewed it after his asylum was granted.

It's essential to consider the specific details of each individual's case, rather than making general assumptions."

Bro you ended it now with saying his ground of asylum wasn’t political so in this case he can survive but the person above said his asylum was based on political grounds so trust me with trump administration this guy is gonna have the toughest interview ever when it comes to N-400! The CBP officers knows nothing about immigration law but basic things like don’t stay out more than 1 year abroad as GC holder etc etc but the USCIS officer give him the hardest time ever as that one is responsible for your citizenship !

 

[CWH]

his reason for seeking asylum wasn't government persecution, but rather a different circumstance. Despite this, he was able to travel with his passport and even renewed it after his asylum was granted.

It's essential to consider the specific details of each individual's case, rather than making general assumptions."

I know one refugee (not asylee) and his case had nothing to do with politics or involve the COP government. He became a refugee with the claim that he was beaten severely by his dad because he was part of the LGBTQ+. He must leave the country or else his dad would find him. He was still advised not to use the COP passport.

I am not trying to contradict your fact, but our discussion should address both the generalization and specificity at the same time. By mentioning one specific case that is not representative of the population, some readers may be misinformed. On the contrary, if we try to aggregate the results of the cases that we hear and generalize them as the only fact is also inaccurate. There will also be exceptions here and there. However, if one is to follow one and not the other, the latter would not create a negative impact on him, but inconvenience and money for renewing RTD every single year. Therefore, talking about the likelihood of the outcome (generalization) and addressing cases that deviate from the norm (specificity/outlier) is a way to help our community be better informed. I think it's better safe than sorry, but to each their own.

Disclaimer: I am not sure if I could say the above, but I didn't name names or anything that could be used to ID him. Anyway, if it's inappropriate or incompliant with the board's rules, I am sorry and I ask the moderator to delete/edit the first paragraph. Thank you.

 

[Asylee11]

I know one refugee (not asylee) and his case had nothing to do with politics or involve the COP government. He became a refugee with the claim that he was beaten severely by his dad because he was part of the LGBTQ+. He must leave the country or else his dad would find him. He was still advised not to use the COP passport.

I think it's better safe than sorry, but to each their own.

Disclaimer: I am not sure if I could say the above, but I didn't name names or anything that could be used to ID him. Anyway, if it's inappropriate or incompliant with the board's rules, I am sorry and I ask the moderator to delete/edit the post.

Bro i agree with you!!! Using COP isn’t something any asylee with GC shoupd use unless they are ready for big clash with the USCIS officer while the N-400 but some folks maybe able to get away with it unless the asylee gained the asylum approval based on political ground then you’re screwed cause basically using the cop means if you face an issue and deportable while traveling that means you will be deported to the COP

 

[Hasan17]

Hello.
Why nobody sharing they timeline for approval of I-485?
Please guys it's very helpful for other people. Thanks!

??????

 

[Shaun7556]

Does anyone know 1. how to file for RTD online or mail and the fees for asylees (My 485 is under process for more than a year already). 2. When does the national benefits center open after holidays?. Thank you

 

[CWH]

Does anyone know 1. how to file for RTD online or mail and the fees for asylees (My 485 is under process for more than a year already). 2. When does the national benefits center open after holidays?. Thank you

I don't think you can file Form I-131 online. After 04/01/2024, USCIS updated filing fees from Col 1 to Col 3. Fortunately, Form I-131 filing fee is cheaper than before from $220 to $165. This is if you file it alone not as part of Form I-485.

You mentioned that you filed Form I-485 and it's now pending. "We will use the postmark date of a filing to determine which form version and fees are correct but will use the received date for purposes of any regulatory or statutory filing deadlines....Form I-131 (Only if an asylee applying for a Refugee Travel Document or advance parole filed Form I-485 on or after July 30, 2007, paid the Form I-485 application fee required, and Form I-485 is still pending.)" It's stated in the FAQ - Fee Exemptions and Fee Waiver Chart - Asylees. It seems like there will be no filing fee for you. Make sure that you include Form I-797C Receipt Notice of Form I-485, and write a brief statement in the cover letter that Form I-131 that you are filing now is part of Form I-485 which is still pending. (I did this too and my Form I-131 was accepted just fine.

 

[Alex19]

Hi, can you please share how much are the fees and the whole procedure?
As I understood you can apply for RTD (I-131) and for GC (I-485) only by paper, not online, is that correct?
Fee for I-131: 165 USD (not 630 USD)
Fee for I-485: 1440 USD
Do you advise to use lawyer or not to file these forms?
Did you file G-1450 form for credit card payment? If yes, which “authorized payment amount” did you mention?
Did you file G-1145 for email/text notification of acceptance of immigration petition?
Do you need to pay for biometrics? If yes, how much?

Hi, any help ok these questions?

 

[CWH]

Hi, can you please share how much are the fees and the whole procedure?
As I understood you can apply for RTD (I-131) and for GC (I-485) only by paper, not online, is that correct?
Fee for I-131: 165 USD (not 630 USD)
Fee for I-485: 1440 USD
Do you advise to use lawyer or not to file these forms?
Did you file G-1450 form for credit card payment? If yes, which “authorized payment amount” did you mention?
Did you file G-1145 for email/text notification of acceptance of immigration petition?
Do you need to pay for biometrics? If yes, how much?

Please read my earlier post. It answered all about the fees. Anyway, I will answer your questions as below:

1. Yes, only by paper. You can put both forms in the same envelope because you are fling them concurrently.
2. Yes, you are correct that the filing fee for Form I-131 is $165 if you file it alone. However, if you concurrently file Form I-3. 485 and Form I-131, your I-131 fee is exempted.
4. Yes, the Form I-485 filing fee has just increased since april 2024 to $1440.
5. In general, Form G-1045 is to pay for one application. If you include two applications in the same envelope, you have to fill out Form G-1045 two times, one for each application. However, you don't have to pay for the I-131 filing fee because you will file it together with Form I-485. Then, you will use one G-1045 with the amount of $1440
6. It's not required, but it's recommended. With Form G-1145, you will receive a text with your case no. before you got the letter in the mail.
7. Biometrics fee is already included in $1440.

I retained a lawyer for the asylum application and the interview because I had no experience building an asylum case. I was surprised to see the thickness of the packet. I didn't use a lawyer to file these forms though because I was confident with my replies in the forms and I knew which documents should also be included in the packet. Whether to use a lawyer depends on how confident you are with putting your application packet together. A lawyer is good to have, but not required. You know best whether you need one.