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Jessica
Consultant
Guillermo Senmartin, Expert
The quick ones usually have the longest answers. We will see.
1) Pending Asylum is fine. She will most likely be asked to withdraw the Asylum in order to approve the I-485. If the Asylum ends up in Immigration Court, USCIS will no longer have jurisdiction to approve the I-485.
2) Honestly I wouldn't withdraw the Asylum until the I-485 is about to be approved, meaning when they ask for it to be withdrawn because if something happens like they divorce or whatever, she's stuck since she won't be able to refile the Asylum, most likely because it will be over a year since her last entry.
Let me know if you need anything else, it was a pleasure to work with you.
Guillermo Senmartin, Expert
See what I mean about quick questions? Anyway, it should not make a difference to put either Asylum derivative or B-2 overstay. What they are mainly concerned with is that last legal entry. If she wouldn't be able to maintain an Asylum case on her own, then it doesn't matter when she withdraws it though it has to be withdrawn before they can approve her I-485.
Guillermo Senmartin, Expert
I honestly don't know which I would recommend at this point. Either should work. But one way or the other, the Asylum application would have to be withdrawn before they can approve the I-485.
Guillermo Senmartin, Expert
Yes, correct. So at that interview they should ask that she withdraw her I-589 if she hasn't already.
Guillermo Senmartin, Expert
Well, that's up to you.