Processing time for green card based on asylum

lotterywinnerof2023 said:
Asylum-based I-485 cases are not a priority for USCIS. There is no way to predict when you will receive your green card—it could be next month or next year. In recent months, USCIS has only adjudicated about 1,000 cases per month, while there are approximately 80,000 pending cases. The only viable option seems to be a mandamus lawsuit. I ended up filing one for the second time, and I’ve seen some movement—they transferred my case to the local field office last week.
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they transferred your case to the local field office last week. What this means? Interview or what?
 
Naruto said:
Can I know when you submitted mandamus for GC. Did you wait 1 year or 6 month?
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Whatever he replies you is redundant, an attorney will examine your case and advice you , it’s not about someone’s else’s path or journey, filing WOM is serious business.
 
patoot10 said:
Just filed for i-485, my grant was vey recent but given that you can file anytime but the approval can't happen until 1 year after grant, I figured might as well get in line specially with recent processing slowness and the fact that processing times page on uscis website is showing that green card applications based on asylee status just went from 15.5 months to 16 months so I highly doubt they will look at my application until its been a year after my grant, wish me luck!
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Hi, I was granted asylum in July and heard I could apply for green card in 5-6 months. The USCIS website says I need to wait 12 months before applying. What is the correct time frame?
 
ponpo said:
Whatever he replies you is redundant, an attorney will examine your case and advice you , it’s not about someone’s else’s path or journey, filing WOM is serious business.
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Your answer is strange. You are not a lawyer and you answered as if you were. Contradiction. What does redundant mean? It means we ask once and that's it. We don't ask any more questions!!?? My question was simple from someone who got the green card after filing a complaint. Did he file it after 6 months or a year? Redundant

Let him answer so that everyone can benefit. Now you have answered him.
 
Vika0124 said:
Hi, I was granted asylum in July and heard I could apply for green card in 5-6 months. The USCIS website says I need to wait 12 months before applying. What is the correct time frame?
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The goal is for USCIS to review your application 12 months after your approval.
The consensus in community is that it's safe to apply after 6 months after approval.
Application processing time right now is 15.5 months.
Theoretically you can apply right away. However, you can run into the chance of fast-track review which will result in denial due to 12-month rule.
Denial will result in the loss of fees associated with this form, which are quite substantial.
 
f4n1us said:
The goal is for USCIS to review your application 12 months after your approval.
The consensus in community is that it's safe to apply after 6 months after approval.
Application processing time right now is 15.5 months.
Theoretically you can apply right away. However, you can run into the chance of fast-track review which will result in denial due to 12-month rule.
Denial will result in the loss of fees associated with this form, which are quite substantial.
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That is true, however the possibility of denial for applying early very low and I personally never heard anyone got denial based on this.
 
Xerzi said:
That is true, however the possibility of denial for applying early very low and I personally never heard anyone got denial based on this.
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Agreed. I haven't heard of denials myself. Described route is a "safe" bet.
You can always gamble and hope it will work out.

I've heard of people who were approved less than a year in the status. This resulted in an incorrect date on GC(date was backtracked to even before the approval date).
According to some lawyers, this might result in some problems with naturalization.
 
f4n1us said:
Agreed. I haven't heard of denials myself. Described route is a "safe" bet.
You can always gamble and hope it will work out.

I've heard of people who were approved less than a year in the status. This resulted in an incorrect date on GC(date was backtracked to even before the approval date).
According to some lawyers, this might result in some problems with naturalization.
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it is all up to applicants to take that risk or not, I applied after 4 months of my approval to minimize the risk.
 
Xerzi said:
That is true, however the possibility of denial for applying early very low and I personally never heard anyone got denial based on this.
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I know 2 people that got denied. One was last year, saying he doesn’t meet the physical requirement and the other was early this year. They both apply shortly after approval. It depends on the adjusting officer, he can wait till you meet your 1 year physical requirement or deny you. If it gets dent you can open a motion but most likely have to pay the fee agin. I’ll say wait at least 3 months, especially since now you need to file with medicals
 
my apologies if this is not related in this topic, but I 'm confusing in this question. I had been arrested in my home country due to protest for military coup but it's not criminal or violation.

Any senior help me please ? May I know what should I answer ? Yes or NO.
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Ptania08 said:
I know 2 people that got denied. One was last year, saying he doesn’t meet the physical requirement and the other was early this year. They both apply shortly after approval. It depends on the adjusting officer, he can wait till you meet your 1 year physical requirement or deny you. If it gets dent you can open a motion but most likely have to pay the fee agin. I’ll say wait at least 3 months, especially since now you need to file with medicals
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They can't deny your application simply because you filed earlier than 1 year after grant, they posted an updated guidance specifically talking about this point. People getting denied is either inaccurate news or there is more to the story (other denial reasons) or they were denied before this guidance or (and I am not buying it) the officer made an error denying their application and they can surely dispute that denial specially with a good lawyer.

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pwakyi said:
my apologies if this is not related in this topic, but I 'm confusing in this question. I had been arrested in my home country due to protest for military coup but it's not criminal or violation.

Any senior help me please ? May I know what should I answer ? Yes or NO.
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You are doing the right thing going through these questions carefully and asking how to properly answer them.

On all those Yes/No admissibility questions, all asylees will most probably answer yes on question 18 "have you ever applied for any kind of relief or protection from removal?" and this is due to using form i-589 to apply for asylum which is literally requesting to not be deported.

Also those that were granted asylum in immigration court will probably answer yes to question 14 "have you ever been in removal proceedings?" specially if their case was initially referred to court by USCIS.

And most asylees who were granted based on political opinion would also answer yes to question 22 "have you ever been arrested or detained by law enforcement anywhere in the world?" this doesn't just cover legal arrests with charges or court convections but also simply getting detained, and most asylees who sought asylum based on political opinion had some incident with the local government in their home country that prompted their asylum case to begin with, and probably included that story in their declaration attached to form i-589 and immigrants should have all their immigration applications consistent.

If answering yes on any of these questions, just include a short explanation in part 14 "additional info" indicating that you applied for asylum and was granted in the United States to explain the relief question and for the other one you can say for example "I was detained for participating in a peaceful protest in my home country without being charged or convicted which prompted me to apply for asylum in United States due to persecution based on political opinion"

By the way, similar questions appear in N-400 which is to apply for citizenship and sadly will have to go over the same answers again to stay consistent so save a copy of your i-485 for future reference.

If you are filling with a lawyer make sure to go over these details with them incase they aren't fully aware.
 
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patoot10 said:
You are doing the right thing going through these questions carefully and asking how to properly answer them.

On all those Yes/No admissibility questions, all asylees will most probably answer yes on question 18 "have you ever applied for any kind of relief or protection from removal?" and this is due to using form i-589 to apply for asylum which is literally requesting to not be deported.

Also those that were granted asylum in immigration court will probably answer yes to question 14 "have you ever been in removal proceedings?" specially if their case was initially referred to court by USCIS.

And most asylees who were granted based on political opinion would also answer yes to question 22 "have you ever been arrested or detained by law enforcement anywhere in the world?" this doesn't just cover legal arrests with charges or court convections but also simply getting detained, and most asylees who sought asylum based on political opinion had some incident with the local government in their home country that prompted their asylum case to begin with, and probably included that story in their declaration attached to form i-589 and immigrants should have all their immigration applications consistent.

If answering yes on any of these questions, just include a short explanation in part 14 "additional info" indicating that you applied for asylum and was granted in the United States to explain the relief question and for the other one you can say for example "I was detained for participating in a peaceful protest in my home country without being charged or convicted which prompted me to apply for asylum in United States due to persecution based on political opinion"

By the way, similar questions appear in N-400 which is to apply for citizenship and sadly will have to go over the same answers again to stay consistent so save a copy of your i-485 for future reference.

If you are filling with a lawyer make sure to go over these details with them incase they aren't fully aware.
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Thanks you so much for your answer, this is really help me a lot.
Would you mind if I ask one more in part 2 number 2 that asking "Receipt Number of Underlying Petition". Do i need to put I-589 receipt number ? or just leave it as N/A ?
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patoot10 said:
They can't deny your application simply because you filed earlier than 1 year after grant, they posted an updated guidance specifically talking about this point. People getting denied is either inaccurate news or there is more to the story (other denial reasons) or they were denied before this guidance or (and I am not buying it) the officer made an error denying their application and they can surely dispute that denial specially with a good lawyer.

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Yes they can it clearly states that when your application is adjudicated it must meet the 1year requirement. So if by the time they get to your application the officer can decide to wait if you haven’t met the 1year or deny depending on how he interprets. That is why lawyers are asking to wait. Although it says you can apply before; you run the risk that at the time of adjudication you have not met the 1 year and the policy don’t state they can deny you. It leaves room for interpretation from officer to officer
 
Ptania08 said:
Yes they can it clearly states that when your application is adjudicated it must meet the 1year requirement. So if by the time they get to your application the officer can decide to wait if you haven’t met the 1year or deny depending on how he interprets. That is why lawyers are asking to wait. Although it says you can apply before; you run the risk that at the time of adjudication you have not met the 1 year and the policy don’t state they can deny you. It leaves room for interpretation from officer to officer
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As you mentioned, they can deny your case, or they might mistakenly adjudicate your case and backdate your green card by one year. In that situation, you might have more trouble getting this fixed, and you probably wouldn’t be able to naturalize after 5 years. I think waiting 3-6 months would be the safest route! Please see this case for your reference.
Link
 
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