FOR GUILLERMO I have a pretty quick question. This is about the lady we spoke about last night who is doing AOS based on

Expert's Assistant chat
Customer: FOR GUILLERMOHello sir. I have a pretty quick question. This is about the lady we spoke about last night who is doing AOS based on marriage to a US Citizen and has a pending asylum.1.She originally came with a B2 and is now an overstay. Om a couple of the forms where it asks "current immigration status" I was putting B2 overstay. Now I'm thinking it might be more appropriate to put Pending Asylum (c)(8), but I rather just play it safe and put B2 overstay because she wants to withdraw from the Asylum asap. What do you think?2. Is it correct that for this kind of situation we should first wait to the i-797 notice of action for the AOS and then send in the Asylum withdraw letter?
Answered by Guillermo Senmartin in 4 mins 2 years ago
imglogo
Guillermo Senmartin
10+ years of experience
logo

102528 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoBack
logologo
Guillermo Senmartin
logo
logo
102528 Satisfied customers
logo
10+ years of experience
imglogo
Guillermo Senmartin
10+ years of experience
logo

102528 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
116 Lawyers are online right now.
img

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2) Honestly I wouldn't withdraw the Asylum until the I-485 is about to be approved, meaning when they ask for it to be withdrawn because if something happens like they divorce or whatever, she's stuck since she won't be able to refile the Asylum, most likely because it will be over a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.

Customer
Here's the thing. She applied for the Asylum as a spouse derivative and she got divorced to the Asylum applicant. She can't get the I-797 notice of action for the Asylum because she is on bad terms with her ex husband.She is now applying for AOS based on marriage to a US Citizen.Is it a mistake just to play it safe and put that her current status is B2 overstay? I dont want there to be confusion at USCIS about what is going on with her, and the fact that she can't get the Asylum notice letters to prove her pending Asylum concerns me.
img

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.

Customer
Should I put pending Asylum or B2 overstay? Which one would you put?
Customer
I'm thinking now maybe pending Asylum because she is currently working and has a valid EAD based on that Asylum so I wouldn't want them to think that she is working illegally if we put B2 overstay and then it lists her currently working on the employment questions
img

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.

Customer
Isnt the I 485 approved at GC interview? So that would be about 1 year away
img

Guillermo Senmartin, Expert

Yes, correct. So at that interview they should ask that she withdraw her I-589 if she hasn't already.

Customer
But I would withdraw much earlier since she doesn't care at all about that Asylum since since is doing AOS based on marriage now. As you say if the Asylum loses which it likely will she might not be able to do the AOS and get deported instead
img

Guillermo Senmartin, Expert

Well, that's up to you.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer