Why should asylee adjust to permanent status?

R

rik-tik-tak

Registered Users (C)
Hi everyone.

I need your help. What would be good arguments, why asylee should be adjusted to permanent resident? I mean if someone should argue with INS for the reasons for adjustment of status what they would be?

I have to submit to INS such statement and except family unity, nothing else comes to my mind.

If you can think of something, please let me know.

Thanks
 
rik-tik-tak,

Can we know what is the context of the INS\BCIS request. Why are they requesting such information from you?

Other possible reasons for permant residence can be...

Since you have been uprooted from your own country and since USA has accepted you, and you have adopted US, thus to further strengthen your ties with US you want to be permant resident.

Further Asylee is a temporary status of protection and you need more stability in your and your family's life that is why you want permant residence to foster your relationship with USA and you want to demonstrate your commitment with this country by adopting it as your homeland...

Asylee status when granted demonstrates that you as a person was indeed persecuted and under threat in your home country and host country (USA) is providing you protection for humanity reasons. This is not a status that will permit you to foster your ties to this country as in order to be a functional citizen you need to have some minimum status and permant resident status grants you such priviledge.

Permanent residence qualifies you to work in fedral or state services, Law enforcement opportunities and maybe qualify you for other responsibilities. You can join armed forces if you have permanent residence. You will not be able to pursue those interests if you were an asylee.


I am hopeful our friends here in this forum can assist you with some content for this letter that you need to write to this agency...

Regards,
 
Are you completing a Form I-602 because you cannot prove your lawful entry? We need more information to help you.


Originally posted by rik-tik-tak
Hi everyone.

I need your help. What would be good arguments, why asylee should be adjusted to permanent resident? I mean if someone should argue with INS for the reasons for adjustment of status what they would be?

I have to submit to INS such statement and except family unity, nothing else comes to my mind.

If you can think of something, please let me know.

Thanks
Click to expand...
 
Gilbert,

You got it right. I cannot prove my admitance into USA and have to file a I-602 form to waive the Act 212 (6) (A) (i). I was granted asylum after my entry and applied to adjust to permanent status. However recently INS requested evidence of admision - I-94, not the one given with the asylum approval letter.

Anyone had to file this form before?

Thanks
 
Last edited by a moderator:
Originally posted by RAsylee
rik-tik-tak,

Can we know what is the context of the INS\BCIS request. Why are they requesting such information from you?

Other possible reasons for permant residence can be...

Since you have been uprooted from your own country and since USA has accepted you, and you have adopted US, thus to further strengthen your ties with US you want to be permant resident.

Further Asylee is a temporary status of protection and you need more stability in your and your family's life that is why you want permant residence to foster your relationship with USA and you want to demonstrate your commitment with this country by adopting it as your homeland...

Asylee status when granted demonstrates that you as a person was indeed persecuted and under threat in your home country and host country (USA) is providing you protection for humanity reasons. This is not a status that will permit you to foster your ties to this country as in order to be a functional citizen you need to have some minimum status and permant resident status grants you such priviledge.

Permanent residence qualifies you to work in fedral or state services, Law enforcement opportunities and maybe qualify you for other responsibilities. You can join armed forces if you have permanent residence. You will not be able to pursue those interests if you were an asylee.


I am hopeful our friends here in this forum can assist you with some content for this letter that you need to write to this agency...

Regards,
Click to expand...


Thanks for the brain storm. See my answer to Gilbert's post. There is the real reason for my request.

You pointed out very important reasons. Hope the others on this forum can add more valuable suggestions.

Thank you in advance everyone. I appreciate your ideas and answers very much.

:)
 
Who told you to complete the Form I-602? The BCIS or a lawyer?

I remember you telling us a while back that the BCIS asked for your initial I-94. Did you respond? Can you tell us what happened?

Thanks.
 
I didn't reply yet.

A immigration lawer suggested me to file a I-602 with my response. I am still in a process of completing this form.

Thanks
 
Did they enclose the form in their notice to you or did you just download it from their website?

Also, a suggestion. I recall from you old posts that you have been to Germany and returned on your RTD. So as of right now you have been "inspected and admitted". The law says that you must be "admissible...as an immigrant under this Act at the time of examination for adjustment of such alien". So you can argue plausibly that section 212(a)(6)(a) does not apply to you anymore and no waiver is needed.

This is just my thought. Check with a few lawyers to see what they think.


Good luck.
 
No INS didn't include any form in their letter. They just asked for the I-94 showing the admitance, but the catch is that they mentioned as of the date the I-485 was filed. I traveled 5 years after this date and the I-94 showing admitance as asylee is also recent.

But you make a good point - if they think I am admisable now, then I should be admisable on the date they requested. I should discuss this with my lawer. Makes a lot of sense to me.

Thanks for your continuous support.

:)
 
Well...I don't know what I-602 is and I cant tell you if you need to fill it out or not, but here are a list of reasons why an asylee would choose to apply for adjustment of status:

1. There is very little or no hope of improving human rights conditions in your home country.

2. Because you have lived in the US for sometime you have became accustomed to American ways of life and you wish to settle here permanently with the intent of becoming an American citizen some day.

3. You as an asylee face some serious set backs in employment applications, loan applications because the providers prefer LPR status over asylee status. Employers and loan providers do not favor Asylee status because an asylee can get sent back to his or her country when conditions there improve.

4. LPR status gives you permanent settlement in the US whereas Asylee status gives you indefinite stay in the US until conditions in your country improve.

5. LPR status offer certian benefits that Asylee status doesn't: such as family unity, roadmap to citizenship, opportunity to join the US military if one chooses to do so.

Realistically speaking though I think most asylees choose to apply for AOS because of two key reasons: family unity and to apply for citizenship 4 years later.
 
rik-tik-tak


Can you kindly type out verbatim the BCIS notice you got (taking out personal information)? I would like to see what direction the BCIS is going. As far as I know, they never applied 212(a)(6)(a) to asylees before. Thanks.
 
JackIsBack,

Thanks for the good ideas. I will add them to my list of credible reasons.

Gilbert,

Here is the exact request from the BCIS:

"Evidence of admission: Submit a copy of your Form I-94, Nonimmigrant Arrival/Departure Record, showing your admission to the united States, or other evidence of your status of admittance to the US on (date of the filling I-485)"

As far as "As far as I know, they never applied 212(a)(6)(a) to asylees before" , keep in mind that INA was changed back in 1998, and now these cases are comming up for adjustments. May be they are starting to look into this more closely. I read almost every case regarding to the Waiver for Excludability Administrative Decisions ( § 212(g) of the I&N Act and § 212(h) or (i) of the I&N Act). You are right - none of the cases were for asylee, but may be that's about to change.

Do you think BCIS has any legal foundation to do that?

:confused:
 
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Originally posted by rik-tik-tak
JackIsBack,

Thanks for the good ideas. I will add them to my list of credible reasons.

Gilbert,

Here is the exact request from the BCIS:

"Evidence of admission: Submit a copy of your Form I-94, Nonimmigrant Arrival/Departure Record, showing your admission to the united States, or other evidence of your status of admittance to the US on (date of the filling I-485)"

As far as "As far as I know, they never applied 212(a)(6)(a) to asylees before" , keep in mind that INA was changed back in 1998, and now these cases are comming up for adjustments. May be they are starting to look into this more closely. I read almost every case regarding to the Waiver for Excludability Administrative Decisions ( § 212(g) of the I&N Act and § 212(h) or (i) of the I&N Act). You are right - none of the cases were for asylee, but may be that's about to change.

Do you think BCIS has any legal foundation to do that?

:confused:
Click to expand...


I guess technically they have the authority to do this, but that makes little sense.

read this memo to see how they interpreted the law in another context
 
rik-tik-tak,

As you had posted ....
"No INS didn't include any form in their letter. They just asked for the I-94 showing the admitance, but the catch is that they mentioned as of the date the I-485 was filed. "

Questions are then ...

IF they are asking for I-94 showing the admitance on the date
I-485 was filed. Can you show INS the the I-94 issued to you after your asylum was granted?? As when my asylum was granted I was issued the asylum approval letter and an I-94. Since there is a wait period of 1 year prior to asylees can file for I-485 then on the date you file for I-485 you possibly can have an I-94 issued to you by INS. IS INS asking for that I-94 which is issued to you at the time of asylum approval???

Some other possible scenarios....

Did you had any other previous Arrivals and departures from USA prior to the visit when you filed for asylum?

what did you specify as your port of entry and method of entry? that you had submitted to INS in form I-589

I think you had mentioned in a post that you entered the country without inspection (I am just going by memory and it could have been someone else) Did you mentioned that you had entered the country without inspection. As if you had specified that then you can not possibly have had an I-94 issued to you.

I am trying to think out other possible reasons as to why they are requesting this information from you and that is the reason why some of my questions may seem wacky to you....

Regards,
 
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As you had posted ....
"No INS didn't include any form in their letter. They just asked for the I-94 showing the admitance, but the catch is that they mentioned as of the date the I-485 was filed. "

Questions are then ...

IF they are asking for I-94 showing the admitance on the date
I-485 was filed. Can you show INS the the I-94 issued to you after your asylum was granted?? As when my asylum was granted I was issued the asylum approval letter and an I-94. Since there is a wait period of 1 year prior to asylees can file for I-485 then on the date you file for I-485 you possibly can have an I-94 issued to you by INS. IS INS asking for that I-94 which is issued to you at the time of asylum approval???
Click to expand...

No you cannot show the I-94 from the letter granting you asylum. If you read this I-94 it does say:

"Asylum status granted indefinitely persuant to sec. 208 of the I&N act on .....date ...."

It does not say "Admitted as ....." You would have "Admitted as ..." when you initially enter US as visitor, etc, re-enter as asylee or came as asylee (derivate asylum). The catch is "Admitted" not what is your current status. Because they can argue - someone is inadmissible if not admitted the proper way, right? The asylum letter I-94 never say you are admitted as asylee, it's subsequent grant of status...


Did you had any other previous Arrivals and departures from USA prior to the visit when you filed for asylum?

what did you specify as your port of entry and method of entry? that you had submitted to INS in form I-589

I think you had mentioned in a post that you entered the country without inspection (I am just going by memory and it could have been someone else) Did you mentioned that you had entered the country without inspection. As if you had specified that then you can not possibly have had an I-94 issued to you.

I am trying to think out other possible reasons as to why they are requesting this information from you and that is the reason why some of my questions may seem wacky to you....
Click to expand...

No, I didn't ever entered USA before neither re-entered before already had I-485 application pending for almost 5 years.

I was inspected by IO on POE with inspection, but neither I-94 was issued at this time, neither my WSA passport was stamped. I know, soinds wried but that is the truth. The IO never gave me I-94, neither stamped my passport. Hard to prove too...


:mad:
 
rik-tik-tak,

So you did entered or were admitted to USA on genuine documents, meaning your passport and visa etc. I do beleive you when you say that you were not stamped by IO at POE. Did you mention this or did this come up during Asylum interview ?
Was this documented in I-589 asylum application that you submitted originally?

Reason I beleive you regarding the IO and not stamping the Passports etc is that it was last year when I was coming from Canada and I pulled up to the booth and IO asked:

Where did you go?
Toronto
Why?
Family
How long?
two days
Where do you live?
Hometown, State
Where do you work?
Company name

You can go now .....

During all this conversation I had not even presented my RTD. This lady never even checked my name/documents/status etc. So I beleive that it can happen to you during your arrival. How do you prove now that you were indeed admitted.... I am sure you will get through it but it is pretty annoying at the moment for you...Keep up your spirits, it will all work well.

I am still thinking and if something comes to mind I will definitely post it here....

Regards,
 
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