Travel to a 3rd country / AOS for Green card while asylum pending

B

bethanycruzill

New Member
Hi folks,
I have got a pending affirmative asylum case since Oct'22, no interview in sight at SF office so far. The company I work for has decided to sponsor me under EB3 but I have got a lot of different opinions from lawyers regarding to Adjustment of Status and Consular processing after approval of I140. Overwhelming majority say AOS is not possible since pending asylum is not a status, therefore I dont have any status but EAD.A tiny fraction of them say with ref to Matter of Orban, it is possible since I applied for asylum within 6 months of valid B2 visa status but I have not talked to anyone or any lawyer who actually got it through Matter of Orban.

Regarding to consular processing, some say it is almost impossible to get Advanced parole from USCIS for green card cons procs. in a 3rd country. and the consulates in the 3rd countries where I dont have any residence is another aspect of it, will they issue the green card to a non-resident?

Is there anyone who has been in my situation and got the green card through AOS or Consular processing while asylum pending?

I am very confused and big dilemma and need help.
 
bethanycruzill said:
Hi folks,
I have got a pending affirmative asylum case since Oct'22, no interview in sight at SF office so far. The company I work for has decided to sponsor me under EB3 but I have got a lot of different opinions from lawyers regarding to Adjustment of Status and Consular processing after approval of I140. Overwhelming majority say AOS is not possible since pending asylum is not a status, therefore I dont have any status but EAD.A tiny fraction of them say with ref to Matter of Orban, it is possible since I applied for asylum within 6 months of valid B2 visa status but I have not talked to anyone or any lawyer who actually got it through Matter of Orban.

Regarding to consular processing, some say it is almost impossible to get Advanced parole from USCIS for green card cons procs. in a 3rd country. and the consulates in the 3rd countries where I dont have any residence is another aspect of it, will they issue the green card to a non-resident?

Is there anyone who has been in my situation and got the green card through AOS or Consular processing while asylum pending?

I am very confused and big dilemma and need help.
Click to expand...
Hi,

I am in a similar situation, just wondering what you ended up doing?
 
I willl start the Eb process soon,but based on my research the rejection rate in AOS is around 95%,so you need to be a blessed saint to get that and if you get rejected it takes 1-2 yrs to switch it to consular processing.Biggest challenge with the consular processing is the travel doc,I have seen some people travelling to a 3rd country iwithout it by taking a huge risk of not being able to be admitted back in the US.Its a cumbersome and risky process but i ll go that way as with 1.3 millions pending Uscis cases and xxx LiFO most of us will likely wait 5+ yrs
 
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