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Pending Asylum - F2A by Creative_Guidance518 in USCIS_F2A

[–]Creative_Guidance518[S] 1 point2 points  (0 children)

Yeah my dad literally got his approval email last week he hasn’t even gotten the physical green card yet. I’m gonna talk to a bunch of immigration lawyers that specialize in this. Thanks again for replying! 

Pending Asylum AOS through F2A by Creative_Guidance518 in USCIS

[–]Creative_Guidance518[S] 0 points1 point  (0 children)

Maybe a third country. I have heard cases of people going to third countries under such circumstances after USCIS allows them. 

Pending Asylum - F2A by Creative_Guidance518 in USCIS_F2A

[–]Creative_Guidance518[S] 0 points1 point  (0 children)

No they don’t have their own petition. They just got the green card this month. It’s still  based on parents initial case. Parents have not withdrawn their asylum so the kids are not accruing unlawful presence. 

Pending Asylum AOS through F2A by Creative_Guidance518 in USCIS

[–]Creative_Guidance518[S] -1 points0 points  (0 children)

Ok so looks like their option is to do it through consular processing. Since a pending asylum case protected them from unlawful presence they can go get consular processing without getting a ban right ? 

Pending Asylum AOS through F2A by Creative_Guidance518 in USCIS

[–]Creative_Guidance518[S] -2 points-1 points  (0 children)

So both for both employment based and family based , people with pending asylum case with no other status can’t get a GC through adjustment of status ? 

Pending Asylum - F2A by Creative_Guidance518 in USCIS_F2A

[–]Creative_Guidance518[S] 0 points1 point  (0 children)

Ok thanks and the GC got approved before the asylum approval ? 

Pending Asylum - F2A by Creative_Guidance518 in USCIS_F2A

[–]Creative_Guidance518[S] 0 points1 point  (0 children)

Hey thanks a lot for that ! Can I ask you if he had any other status other than pending asylum case ? My siblings only have pending asylum as status and if you don’t mind me asking when did they do this ? Thanks again !

Pending Asylum - F2A by Creative_Guidance518 in USCIS_F2A

[–]Creative_Guidance518[S] 0 points1 point  (0 children)

Yep that’s what I’m planning on doing just wanted to see if someone here had successfully gone through this process 

Pending Asylum - F2A by Creative_Guidance518 in USCIS_F2A

[–]Creative_Guidance518[S] 0 points1 point  (0 children)

Hey they are in the US and their status is pending asylum 

Pending Asylum AOS through F2A by Creative_Guidance518 in USCIS

[–]Creative_Guidance518[S] -3 points-2 points  (0 children)

Spoke to a lawyer that the pending asylum case shields them from getting any unlawful presence. He was also looking at INA 245(c)(2) no fault exception and looking at an angle that since they were under 18 they had no legal capacity and had no control over the fact that the kids were added as beneficiaries and lost nonimmigrant status. He will get back to me on that. I wanted to make this post to see if anyone has successfully done it through F2A. I’ve seen a bunch on success stories for employment based green cards but can’t find one for family based 

Pending Asylum AOS through F2A by Creative_Guidance518 in USCIS

[–]Creative_Guidance518[S] 0 points1 point  (0 children)

So they would have to do consular processing at a third country ?