"Have you ever applied for permanent resident status before" on I-485

[los 0]

I have sent the Adjustment of Status (i-485) and i-130 along with other forms to Chicago lockbox. I had applied for an asylum about a year ago and got denied.

Question:

1. I was wondering what the answer should be for the question in Part 3A on i-485 (for someone who previously applied for an asylum using form i-589 and denied).

Have you ever applied for permanent resident status before?

I said "yes" and wrote date/place/final decision of my asylum case.

2. If i have to change it to "No", should i call the USCIS and ask if i should send a corrected i-485

or wait till my interview date and explain the mistake.

Thanks.

[JimVaPhuong 4,863]

I have sent the Adjustment of Status (i-485) and i-130 along with other forms to Chicago lockbox. I had applied for an asylum about a year ago and got denied.

Question:

1. I was wondering what the answer should be for the question in Part 3A on i-485 (for someone who previously applied for an asylum using form i-589 and denied).

Have you ever applied for permanent resident status before?

I said "yes" and wrote date/place/final decision of my asylum case.

2. If i have to change it to "No", should i call the USCIS and ask if i should send a corrected i-485

or wait till my interview date and explain the mistake.

Thanks.

An application for asylum is not an application to adjust status. An application for asylum is a request to remain in the United States for humanitarian reasons. If your asylum application is approved then you would have eventually been eligible to apply for adjustment of status, but the asylum application was not an application for permanent residence.

You may receive an RFE asking for evidence of your previous application to adjust status. If you get an RFE then respond by explaining that you misunderstood the question, and answered yes because of your asylum application. Provide any documentation you have related to the asylum application. If you don't receive an RFE then just wait until your interview. Sending unsolicited evidence is usually not a good idea because the evidence usually won't make it into your case file.

Why was your asylum application denied? More importantly, were you placed in removal proceedings after your asylum application was denied? Did the denial mention anything about the asylum application having been "frivolous"?

[los 0]

An application for asylum is not an application to adjust status. An application for asylum is a request to remain in the United States for humanitarian reasons. If your asylum application is approved then you would have eventually been eligible to apply for adjustment of status, but the asylum application was not an application for permanent residence.

You may receive an RFE asking for evidence of your previous application to adjust status. If you get an RFE then respond by explaining that you misunderstood the question, and answered yes because of your asylum application. Provide any documentation you have related to the asylum application. If you don't receive an RFE then just wait until your interview. Sending unsolicited evidence is usually not a good idea because the evidence usually won't make it into your case file.

Why was your asylum application denied? More importantly, were you placed in removal proceedings after your asylum application was denied? Did the denial mention anything about the asylum application having been "frivolous"?

Thanks JimVaPhuong for the reply. I think I will wait then.

I have a valid F-1 visa. So I was not placed in removal proceedings.

No it is not because it was frivolous. It was b/c they weren't convinced that I had a enough reason not to return. Thanks for the reply.