Waiting Asylum decision

msv5450 said:
The reason is that they will eventually have to file for "Adjust of Status to GC" and since the applicant has no status, you can't adjust it to GC.
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But it works for marriages and family immigration? And even for people who don’t even have asylum and overstay their time.
 
Alien2018 said:
But it works for marriages and family immigration? And even for people who don’t even have asylum and overstay their time.
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Yeah. It works for marriage and family based immigration. You can get your GC through marriage even if you overstayed your visa.
but, for employment-based (EB) category, the applicant must be in lawful status.
 
timkh said:
I think you have to clarify when you give some insights and informations about “one year rule”.

This is what you wrote:
“ 1. Affirmative Asylum - When you apply after 1 year deadline, officers don't tend to accept the facts/reasons for late application submission. In fact, officers use failure to submit the application as an excuse not to review the application: instead of the review, they automatically refer the case to immigration court. Even if you have compelling reasons, officers seem to always refer cases to immigration court for all applications filed after the one year deadline.”

Did you clarify that this 1 year rule doesn’t applies to those who in status and applied after one year (F-1, OPT)? I can’t find this in your writings.

Let me tell you one example - about myself. I applied in second year of living in the US and when I was finishing my advanced degree, and I was in status. I was in status when I applied for about 3 months, and during these 3 months I didn’t receive anything from Asylum Officer. Then my status ended but I still have pending asylum case, and IF in some moment my case will be referred to IJ(which I hope won’t happen) then the reason most likely will be different than “one year rule”. It could be anything like there’s “no future harm”, or “case inconsistency” or something else. This is what I’m talking about.
There’s those who applied for asylum after one year rule and still/was in status AND there’s those who applied after one year rule while being out of status.
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Totally correct after one year deadline out of status after interview you will be referred to IJ
 
BetterWorld said:
AO might not have the rights to decide on those cases filed after 1 year deadline. Do we've any data showing cases approved by AO/Interview those were filed after 1 year deadline.

For ex: To be more sure on this:

Please excuse if i am missing something...
1. September 2019: Total court referrals: 1759. Filling Deadline referrals: 1124 out of 1759 = 63.899% cases sent to immigration court because they were submitted 1-year after deadline.
Out of Total 1759 only 1124 cases were filed after 1 year deadline or more?

But, from this data, one thing we can say for sure, that majority of cases filed after 1 year deadline were sent to immigration court.
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My case was send denial was based failure to apply for asylum before one year o don’t think you can get approval if not apply before one year deadline
 
Romeo77 said:
My case was send denial was based failure to apply for asylum before one year o don’t think you can get approval if not apply before one year deadline
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Officers first check if you have any bars befre getting into the pile of application of material. If the applicant has a bar, like 1-year deadline or previous asylum denial by another AO, they are doomed.

The immigration judge will also deny your asylum request because of the 1-year rule, but he will see if you are eligible for "Withholding of Removal". If you demonstrate more evidence than is required in order to meet the definition of asylee, you will get WOR. it will give you an opportunity to live indefinitely in the US and work with an EAD but you can never leave the US or get a GC, except through marriage or family sponsorship.
 
msv5450 said:
Officers first check if you have any bars befre getting into the pile of application of material. If the applicant has a bar, like 1-year deadline or previous asylum denial by another AO, they are doomed.

The immigration judge will also deny your asylum request because of the 1-year rule, but he will see if you are eligible for "Withholding of Removal". If you demonstrate more evidence than is required in order to meet the definition of asylee, you will get WOR. it will give you an opportunity to live indefinitely in the US and work with an EAD but you can never leave the US or get a GC, except through marriage or family sponsorship.
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I do not have any previous asylum denials just overstay visa and fille asylum after one year deadline got referral which saying I established changed circumstances materially affecting your eligibility for asylum or extraordinary circumstances directly related to your delay in filling, you failed to file your application within reasonable period of time given those circumstances
 
Romeo77 said:
I do not have any previous asylum denials just overstay visa and fille asylum after one year deadline got referral which saying I established changed circumstances materially affecting your eligibility for asylum or extraordinary circumstances directly related to your delay in filling, you failed to file your application within reasonable period of time given those circumstances
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How late did you apply?
I have heard that failure to apply later than six months after the chnage of circumstance leads to denial.
 
HELLO, everyone! I want to share with you that uscis reashed decision on my case and it is referral. I waited 3,5 for my years decision to be referred to court. The whole process took 7 years of waiting, and cannot imwgine how much longer it will take, unbelievable! No words to describe everything that I feel right now!
My timeline,
case filled 11-27-13
first interview 11-21-16
second interview 12-20-16
decision 1-30-20
I hope everyone who is waiting for their decisions receive approve instead of referral.
Good Luck!
 
Ak26055 said:
HELLO, everyone! I want to share with you that uscis reashed decision on my case and it is referral. I waited 3,5 for my years decision to be referred to court. The whole process took 7 years of waiting, and cannot imwgine how much longer it will take, unbelievable! No words to describe everything that I feel right now!
My timeline,
case filled 11-27-13
first interview 11-21-16
second interview 12-20-16
decision 1-30-20
I hope everyone who is waiting for their decisions receive approve instead of referral.
Good Luck!
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Sad to hear that. Did you follow up on your case while waiting for the decision? and what was their response?
I am sure you will get approval in court. Do not lose your hope.
 
Ak26055 said:
HELLO, everyone! I want to share with you that uscis reashed decision on my case and it is referral. I waited 3,5 for my years decision to be referred to court. The whole process took 7 years of waiting, and cannot imwgine how much longer it will take, unbelievable! No words to describe everything that I feel right now!
My timeline,
case filled 11-27-13
first interview 11-21-16
second interview 12-20-16
decision 1-30-20
I hope everyone who is waiting for their decisions receive approve instead of referral.
Good Luck!
Click to expand...

I am so sorry to hear that. I filed in 2011 and had to wait 4 years for an interview myself. When is your court date?
 
i heard that , usually AO in Newark will tell you to comeback after 15 days to get your interview result. But The AO who interviewed me gave me "mail out notice" paper after the interview. The paper does't specify the date. Do you have any experience on this? why this is on my case.
The interview was actually great.
 
SelmonDanny said:
i heard that , usually AO in Newark will tell you to comeback after 15 days to get your interview result. But The AO who interviewed me gave me "mail out notice" paper after the interview. The paper does't specify the date. Do you have any experience on this? why this is on my case.
The interview was actually great.
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I had an interview in New Ark office. When we had finished, an officer gave me a paper with date and time when I would take my decision in the office.
 
Alien2018 said:
They delayed your EAD for more than a month and your pending asylum applicant?
There is a special court decision and a special procedure to resolve this issue.

Search for "Rosario v. USCIS" case on USCIS website.
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Have gone through it. They always adjudicate timely but kept denying ot I have applied 3 times same denial reason that I applied in less than 150 days so I have written to them to know why iam having that challenge
 
Ak26055 said:
HELLO, everyone! I want to share with you that uscis reashed decision on my case and it is referral. I waited 3,5 for my years decision to be referred to court. The whole process took 7 years of waiting, and cannot imwgine how much longer it will take, unbelievable! No words to describe everything that I feel right now!
My timeline,
case filled 11-27-13
first interview 11-21-16
second interview 12-20-16
decision 1-30-20
I hope everyone who is waiting for their decisions receive approve instead of referral.
Good Luck!
Click to expand...
Really? They took 7 years to refer the case to court? Unbelievable
 
Hello everyone, I got a question and i will appreciate your feedback, my asylum case was pending 5 years for a decision. i had my interview 5 years ago till then i kept trying inquiries, so i just forget it , i checked my status this week thursday since then it saying error validation, but for the past couple of months it pending for decision so what does it mean? thanks
 

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