Religious Asylum from Iran

zman44

Active Member
@Sanaz.1987 , while you wait for 7o9's reply - approval for a green card based on asylum is all over the place as well. Some people wait for 1 year or more, while some people get it in 3-4 months. It depends on a lot of different factors and your individual case, and theres' no way to tell for sure. Also, not everyone gets called back for an interview for a GC. Actually, people who get called for an interview for an asylum-based GC are the minority. If it's been more than 1 year, you could reach out to USCIS for a case update and see if they tell you where your application is at.

Here's the site for the Asylee Adjustment Manual: https://www.uscis.gov/policy-manual/volume-7-part-m

If you click on "Chapter 5 - Adjudication Procedures," you can see the reasons why some asylee's will get called for an interview for a GC.
 
@Sanaz.1987 , while you wait for 7o9's reply - approval for a green card based on asylum is all over the place as well. Some people wait for 1 year or more, while some people get it in 3-4 months. It depends on a lot of different factors and your individual case, and theres' no way to tell for sure. Also, not everyone gets called back for an interview for a GC. Actually, people who get called for an interview for an asylum-based GC are the minority. If it's been more than 1 year, you could reach out to USCIS for a case update and see if they tell you where your application is at.

Here's the site for the Asylee Adjustment Manual: https://www.uscis.gov/policy-manual/volume-7-part-m

If you click on "Chapter 5 - Adjudication Procedures," you can see the reasons why some asylee's will get called for an interview for a GC.
Thank you very much for your kind answer. I have a question, my concern is about my three times trips after I got grant (first time 20 days, the second time was 45day and third time 89days ), do you think my trips will affect on my case process? Trips were to a country near my country with the travel documents. By the way how about driver license, I had to renew my driver license every 9 months, is there anyone has the same situation? My sone was depended on me, his driver license renewed for 5 years.
I would appreciate it if someone had many trips before getting the green card help me, please.
best.
 

zman44

Active Member
In total you spent 5 months outside of the US. Normally short trips don't affect you for the 1 year rule to become a LPR. But this is a lot of time to have spent outside. Maybe it's the reason your case it's taking so long? They're waiting until you've accumulated 1 actual year? Open an inquiry with USCIS or consult with an attorney.

As an asylee your driver's license should be valid for as long as anyone else's. The person who helped you might not know that asylee is a permanent status. I would just wait until you get the green card, or get a Social Security Card with no restrictions on it, and present it as proof of permanent residence.
 

tinaina

Active Member
Thank you very much for your kind answer. I have a question, my concern is about my three times trips after I got grant (first time 20 days, the second time was 45day and third time 89days ), do you think my trips will affect on my case process? Trips were to a country near my country with the travel documents. By the way how about driver license, I had to renew my driver license every 9 months, is there anyone has the same situation? My sone was depended on me, his driver license renewed for 5 years.
I would appreciate it if someone had many trips before getting the green card help me, please.
best.
When you apply for green card you hav to be in USA physically one year.
It means even if you leave USA for 20 days you have to fill that 30 days in USA before applying for green card. If you applied before your one year physically in USA filled up your application will be denied.
 

zman44

Active Member
Tinaina is right. This is a fact that many people aren't aware of, including many attorneys and even adjudicators. The rule is that to adjust from asylee/refugee to LPR you need PHYSICAL presence of 365 days in the US, not just a calendar year. Usually short trips out of the US aren't an issue bc the process itself takes 3-6 months at least anyway. So if you were out of the US for short vacations here and there, you'll make up that time waiting for the application to be processed. But being out of the US for so long while you're an asylee is definitely not a good idea.
 
In total you spent 5 months outside of the US. Normally short trips don't affect you for the 1 year rule to become a LPR. But this is a lot of time to have spent outside. Maybe it's the reason your case it's taking so long? They're waiting until you've accumulated 1 actual year? Open an inquiry with USCIS or consult with an attorney.

As an asylee your driver's license should be valid for as long as anyone else's. The person who helped you might not know that asylee is a permanent status. I would just wait until you get the green card, or get a Social Security Card with no restrictions on it, and present it as proof of permanent residence.
I have a social security card with no restrictions! I received it as soon as I got granted asylee!
 
When you apply for green card you hav to be in USA physically one year.
It means even if you leave USA for 20 days you have to fill that 30 days in USA before applying for green card. If you applied before your one year physically in USA filled up your application will be denied.
Thanks for answering! I have an attorney and she did not mention it!! She is so professional and has more than 10 years of experiences working on immigrations and asylee and refugee cases! Do you think she is wrong??I talked with her and she told it dosnt matter if you go out of the country less than 6 months as long as you don't go to your land. Do you have any sorce of your note? Is there any page in USCIS website that mentions it? By the way, as I see even your process to get a green card from the day that you had applied for took more than one year, right?
 

tinaina

Active Member
Thanks for answering! I have an attorney and she did not mention it!! She is so professional and has more than 10 years of experiences working on immigrations and asylee and refugee cases! Do you think she is wrong??I talked with her and she told it dosnt matter if you go out of the country less than 6 months as long as you don't go to your land. Do you have any sorce of your note? Is there any page in USCIS website that mentions it? By the way, as I see even your process to get a green card from the day that you had applied for took more than one year, right?
It is in the uscis website.

https://www.uscis.gov/greencard/asylees
Look under eligibility.
It clearly says that:
"You have been physically present in the United States for at least one year after you were granted asylum;"

You can ask lawyers in avvo.com
They can confirm that as well.

You have to be physically in USA for one year to be eligible to apply for green card.
 
You mean from after I came back from my trip it will account? According to this note, I was out of country 2 months before I applied for my green card. After I applied for my green card I went on a trip for three months. Do you think they account all 5 months together or only 2 months? and what will happened now? do you have any idea?
 
Fingerprint Review Was Completed
As of October 22, 2018, we completed our review of your fingerprints and are working on your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number SRC....., at our Texas Service Center location. this is my case status
 

tinaina

Active Member
You mean from after I came back from my trip it will account? According to this note, I was out of country 2 months before I applied for my green card. After I applied for my green card I went on a trip for three months. Do you think they account all 5 months together or only 2 months? and what will happened now? do you have any idea?
You have to be physically in USA for 12 months before you apply for green card so the trip after you applied doesn't come into account.
However, if you haven't lived in USA for 12 months before you applied , your application would be denied.
Wait the get deny in your application and when you received it apply again. You probably have been in USA more than 12 months physically by now.
 

tinaina

Active Member
Fingerprint Review Was Completed
As of October 22, 2018, we completed our review of your fingerprints and are working on your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number SRC....., at our Texas Service Center location. this is my case status
I know one person went to interview and interviewer conducted the interview and at the end he said she was in USA one day less than one year and he denied her application.
So you may go to the interview and get the deny at the end of interview.
 
I know one person went to interview and interviewer conducted the interview and at the end he said she was in USA one day less than one year and he denied her application.
So you may go to the interview and get the deny at the end of interview.
Do you think they will deny my application? but when?
 

tinaina

Active Member
Do you think they will deny my application? but when?
I don't know. But you didn't meet the criteria for green card. So there is less probability they would accept your application.
Unless the officer doesn't know the rules and don't care about your one year in USA.
 
I know one person went to interview and interviewer conducted the interview and at the end he said she was in USA one day less than one year and he denied her application.
So you may go to the interview and get the deny at the end of interview.
Did the officer ask him that why he was out of contry more than the times required!? Because I have my therapist letter that mentions I needed to be with my family since I lost my dad and all my mom got depression!
 

tinaina

Active Member
Did the officer ask him that why he was out of contry more than the times required!? Because I have my therapist letter that mentions I needed to be with my family since I lost my dad and all my mom got depression!
I don't think it's important.
Look you can get your green card.
Once you get your deny and you calculate your stay in USA you can apply again.
It's not like they never give you green card again.
You should have applied after one year being in USA . It is like when you apply for citizenship and you should be 30 months physically in USA.
There is no way to reduce that amount.
 
I don't think it's important.
Look you can get your green card.
Once you get your deny and you calculate your stay in USA you can apply again.
It's not like they never give you green card again.
You should have applied after one year being in USA . It is like when you apply for citizenship and you should be 30 months physically in USA.
There is no way to reduce that amount.
Oh, I got it, Thanks. I am wondered why my attorney didn't tell me at all about it, even when I asked her times! She told it doesn't matter! :(
 
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