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Noor Salman

Asylum case applying for adjustment

By Noor Salman in Adjustment of Status from Work, Student, & Tourist Visas

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Noor Salman Newbie

Noor Salman   0

Posted
Filed: Citizen (apr) Timeline
Posted

Hello, I hope everyone is well, I wonder if I may ask a legal immigration question here and I hope I will find the best answer.

 

Basically, My mother applied for asylum case two years ago after she had admitted here to the state on B1/B2 tourist visa( because she had to stay here due to my child birth situation and my minor brother who already been admitted before her on a separate asylum case), 

Then, I became a US Citizen and she is still on her pending case( just recently got denied because of insufficient evidence and proofs but court hearing has pushed away to the next year due to COVID situation)

my question is 

Can I apply for her I-130 and adjustment status together as she is still here while her case is still pending or denied ? 

Does she have to wait until final decision? wether approved or denied?

Do I need to make her drop her asylum case before that?

 

Please advice if you are aware and sure about your knowledge as I wont be able to afford an immigration lawyer

 

Your response is greatly appreciated 

 

Cyberfx1024 Grand Master

Cyberfx1024   7,980

Posted
Filed: Citizen (pnd) Country: Philippines
 Timeline
Posted
1 hour ago, Noor Salman said:

Hello, I hope everyone is well, I wonder if I may ask a legal immigration question here and I hope I will find the best answer.

 

Basically, My mother applied for asylum case two years ago after she had admitted here to the state on B1/B2 tourist visa( because she had to stay here due to my child birth situation and my minor brother who already been admitted before her on a separate asylum case), 

Then, I became a US Citizen and she is still on her pending case( just recently got denied because of insufficient evidence and proofs but court hearing has pushed away to the next year due to COVID situation)

my question is 

Can I apply for her I-130 and adjustment status together as she is still here while her case is still pending or denied ? 

Does she have to wait until final decision? wether approved or denied?

Do I need to make her drop her asylum case before that?

 

Please advice if you are aware and sure about your knowledge as I wont be able to afford an immigration lawyer

 

Your response is greatly appreciated 

 

Yes, you can file for her AOS and have her asylum case ongoing at the same time. 

Boiler Grand Master

Boiler   46,121

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Probably best to involve lawyer handling asylum case. That will need to be judged.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

SalishSea Grand Master

SalishSea   18,148

Posted
Filed: Lift. Cond. (apr) Country: New Zealand
 Timeline
Posted
2 hours ago, Noor Salman said:

My mother applied for asylum case two years ago after she had admitted here to the state on B1/B2 tourist visa( because she had to stay here due to my child birth situation and my minor brother who already been admitted before her on a separate asylum case), 

How is any of that a basis for asylum?

Boiler Grand Master

Boiler   46,121

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
5 minutes ago, Jorgedig said:

How is any of that a basis for asylum?

Sort of assume there is a lot more to the story, hence the need for the Lawyer to be involved, these ones are never simple.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Chancy Grand Master

Chancy   6,243

Posted
Filed: IR-1/CR-1 Visa Country: Philippines
 Timeline
Posted
2 hours ago, Noor Salman said:

Please advice if you are aware and sure about your knowledge as I wont be able to afford an immigration lawyer

 

This website's Terms of Service reminds you not to take the information posted here as legal advice.  If your mother has a pending court case, it would be best to hire a lawyer.

 

Demise Proficient

Demise   1,338

Posted
Filed: AOS (apr) Timeline
Posted (edited)
20 hours ago, Noor Salman said:

Hello, I hope everyone is well, I wonder if I may ask a legal immigration question here and I hope I will find the best answer.

 

Basically, My mother applied for asylum case two years ago after she had admitted here to the state on B1/B2 tourist visa( because she had to stay here due to my child birth situation and my minor brother who already been admitted before her on a separate asylum case), 

Then, I became a US Citizen and she is still on her pending case( just recently got denied because of insufficient evidence and proofs but court hearing has pushed away to the next year due to COVID situation)

my question is 

Can I apply for her I-130 and adjustment status together as she is still here while her case is still pending or denied ? 

Does she have to wait until final decision? wether approved or denied?

Do I need to make her drop her asylum case before that?

 

Please advice if you are aware and sure about your knowledge as I wont be able to afford an immigration lawyer

 

Your response is greatly appreciated 

 

Yeah you can get an I-130 rolling with USCIS and while that's pending file I-485 with the immigration court and withdraw the asylum application. You can continue with both, but since this asylum case is extremely unlikely to succeed on its merits I would just drop it.

 

In the meantime the judge will just issue continuances while the I-130 is pending.

 

I would also recommend hiring a lawyer, court proceedings aren't something I'd recommend DIYing.

Edited by Demise

Contradictions without citations only make you look dumb.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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