AOS for parents if they came thru u4u

[Kineo 93]

On 9/3/2022 at 1:45 AM, Family said:

Right , the parole itself would be proof of entry and regular I-130 / I-485/ I-765/I131 (new )/I-864 for parents. 

Sister just do I-130 and she waits. 

BUT sister should absolutely apply for asylum…it will be way faster than I-130 AND unlike any other country, she will be approved even with a DIY packet. 

Got some questions;

- How are the parents able to file I-130/I-485 together? What family status applies?

- The I-539 my understanding is the form to change non-immigrant status e.g. Humanitarian parole to asylum. I assume there would need to be justification/evidence? Are there any examples of this process that one could follow?

 

Two of our U4U beneficiaries (husband & wife) here have a I-130 filed by his US citizen mother in progress for a few years. Can they file their I-485 now? Their priority date is still a few years out. 

 

Thanx - Kineo

[Boiler 45,733]

Parents are immediate relatives so no need to wait for a PD

 

If the PD is not current then they can not file to adjust.

 

Asylum is very fact specific so is best handled by an Immigration Lawyer, not DIY, obviously you have to have a valid basis.

[Family 4,065]

40 minutes ago, Kineo said:

Got some questions;

- How are the parents able to file I-130/I-485 together? What family status applies?

- The I-539 my understanding is the form to change non-immigrant status e.g. Humanitarian parole to asylum. I assume there would need to be justification/evidence? Are there any examples of this process that one could follow?

 

Two of our U4U beneficiaries (husband & wife) here have a I-130 filed by his US citizen mother in progress for a few years. Can they file their I-485 now? Their priority date is still a few years out. 

 

Thanx - Kineo

OP is a USC and his parents are IR ( immediate relatives = spouse /child/parent).

 

Your U4U family cannot file because they are family pref category F-3, so not IR

 

I-589  affirmative asylum filing does not require an I-539 to change status…

just file I-589 within a year of entry. I believe there are many non profits that have funding to help with prepping a packet, ck your area.

 

But even a DIY is doable, so fill out the form, read instructions and file . U4U was granted so that Ukrainian did not need to undergo refugee resettlement caps and delays , so print out country conditions and .

No filing fee. 

https://www.uscis.gov/i-589
 

https://www.ilrc.org/asylum

https://immigrantjustice.org/sites/default/files/Appendix A - Filing Checklist.pdf

Edited September 8, 2022 by Family

[Boiler 45,733]

Humanitarian Parole was a Political gesture it does not equal Asylum.

[Family 4,065]

6 minutes ago, Boiler said:

Humanitarian Parole was a Political gesture it does not equal Asylum.

With all due respect, one does not look a gift horse in the mouth. Nonetheless , Ukrainians that have been paroled under U4U can and should apply for asylum immediately…as fleeing a war torn country, demonstrating country conditions pretty much check off all the abc of credible fear and favorable grants. 

But not quite if your comment either supports asylum filing or opposes it
 

 

[Family 4,065]

1 hour ago, Kineo said:

Humanitarian parole to asylum. I assume there would need to be justification/evidence

Although the U4U parole has implemented allowing I-131 advance parole…if one chooses to file for asylum, they should NOT get AP and go about holiday ( or any)  travel to other countries….just stay in the US until asylum process is decided. …
 

[Boiler 45,733]

I can think of 2 U4U where it seemed fairly clear that in the situation they were in one would most likely qualify for asylum and the other would not. Both had other options. So not that important.

 

In the vast majority of cases simply not enough data, now I have a passing knowledge of asylum, just enough to be dangerous and to know that VJ is not the place for such a review even in the unlikely situation all information is available.

 

 

[Family 4,065]

53 minutes ago, Boiler said:

In the vast majority of cases simply not enough data, now I have a passing knowledge of asylum, just enough to be dangerous and to know that VJ is not the place for such a review even in the unlikely situation all information is available.

 

You are too modest ….too seasoned , sharp witted and King Of One Liners…but perhaps underestimate the power even a bit of encouragement and source links can have for those determined to pursue ALL possible venues. 

VJ can be more than the family based personal experience exchanges ….and U4U DIY ers are a perfect example of what a dynamic “place “ it is and can be….so I do hope they continue to remain active and post…so that soon Ukrainian Asylum Progress thread pops up .