Visitor >>> Pending Asylum >>> Cases referred back to DHS >>> I-130 Approval Immediate Relative >>> I-485 Unsure

[Kuroneku 0]

Hello, how is everybody doing!
Before I start, I'd love to thank the creators of this Forum.

My two children and I entered the USA on a Visa Waiver in 2008 and filed for an Asylum Case, which was pending for years. Ultimately, we decided not to go forward with the case, and it was ordered that "these cases be referred back to the Department of Homeland Security to take any or no action"

Meanwhile, a petition from one of my daughters who is a US citizen was approved, and now I want to file my Adjustment of Status.

Based on what I read, I can file an I-485 since we entered the USA lawfully. But what about the removal proceedings we were in at some point?

Thank you in advance

PS: Attorneys we've spoken to say that I am eligible to adjust my status, but we're not so sure

[Ian H. 207]

Are you a citizen of another country, because your timeline says Bangladesh? The reason I ask is because Bangladesh isn't part of the Visa Waiver Program, and I don't recall it being part of it back in 2008.

If you entered legally you should be able to adjust status, however your children wouldn't be eligible because they aren't considered immediate relatives of a USC for immigration purposes.

[Ian H. 207]

Also is your authorized stay expired as a result of not pursuing the asylum application?

[Kuroneku 0]

Also is your authorized stay expired as a result of not pursuing the asylum application?

I would assume so? Our attorney who's dealt with our Asylum case cannot give us a straight answer, it's all just odd.