In the past few weeks, we’ve had two former asylum clients return to our office for help after USCIS denied their applications for citizenship. The applications were denied due to mistakes the former clients made on their I-485 forms (the application for a green card). These cases illustrate the danger of incorrectly completing the I-485 form, and this danger is particularly acute for people with asylum.
Let’s start with a bit of background. After a person receives asylum, she must wait for one year before applying for her lawful permanent resident (“LPR”) status (her green card). The form used to apply for the green card is the I-485. In the good old days (a few months ago), this form used to be six pages. Now it is 18 pages. The old I-485 form contained 32 yes-or-no questions; the new form contains 92 such questions.
Many of these questions are difficult for me to understand, and I am a trained lawyer who speaks reasonably decent English. So you can imagine that people with more limited English, who are not familiar with the complicated terms and concepts contained in some of the questions, might have trouble answering.
In my clients’ cases, two questions in particular caused them trouble (these are from the old I-485). The first question was, “List your present and past membership in or affiliation with every organization, association, fund, foundation, party, club, society, or similar group in the United States or in any other place since your 16th birthday.” Both clients had been involved with political parties, but were no longer members of those parties in the United States. The clients did not carefully read the question, and instead of listing their “past membership,” they instead answered “none” (because they are no longer members).
The second question asked whether the clients had ever been “arrested, cited, charged, indicted, fined, or imprisoned for breaking or violating any law or ordinance, excluding traffic violations.” In fact, my clients had never been arrested for “breaking or violating any law or ordinance.” They were arrested for exercising their supposedly-lawful political rights, and they were correct to answer “no” to this question. Nevertheless, USCIS viewed their answers as deceptive.
My clients’ problems were compounded by the fact that they were never interviewed for their green cards, and so a USCIS officer never went over the questions with them and gave them an opportunity to correct the errors.
The result of all this—confusing questions, carelessness, and no interview—was that my clients obtained their green cards, but also sowed the seeds for future problems. Five years later, these problems appeared when the clients tried to naturalize, and USCIS went back and carefully reviewed their prior applications.
To me, my clients’ errors were clearly honest mistakes. Indeed, in their asylum applications, the clients had already informed USCIS about their party memberships and about their arrests, and so they had nothing to gain—and everything to lose—by failing to mention these issues in the I-485 form. But that is not how USCIS sees things. To them, the errors were “misrepresentations,” which disqualified my clients for citizenship.
To solve the problem, my clients will likely need to apply for waivers (an expensive application to seek forgiveness for making misrepresentations). Given that they are asylees, and that the misrepresentations were relatively minor, I suspect the clients will ultimately qualify for waivers and—eventually—become U.S. citizens. But between now and then, they will face a lot of unnecessary stress and expense. Unfortunately, this is the reality now-a-days for all applicants: If you leave yourself vulnerable, USCIS will bite you.
So what can be done? How can you protect yourself when completing the form I-485?
The key is to read each question carefully and make sure you understand what it means. This is time consuming and boring, but given that USCIS is looking for excuses to deny cases and cause trouble, you have little choice if you want to be safe.
Even using a lawyer is no guarantee. Until recently (when USCIS started looking for reasons to deny cases), I had a tendency to gloss over some of these questions. I am more careful now, but it’s not easy. Many of the questions are ridiculous: Are you a prostitute? Did you gamble illegally? Were you a Nazi in WWII? But intermingled with these questions are others that require closer attention: Did you ever have a J visa? Have you ever received public assistance? Have you ever been denied a visa? It’s easy to skim over these, but the consequences of an erroneous answer can be serious.
Also, some questions are tricky, and can’t easily be answered with a “yes” or a “no.” For example, my clients indicated that they had not been arrested for a crime, and this was correct, but they had been arrested for their (lawful) political activities, and USCIS took their answers as misrepresentations. What to do? When we complete I-485 forms and we encounter questions like this, we normally check “no” (or “yes” if that seems more appropriate) and circle the question. Next to the question, we write, “Please see cover letter,” and on the cover letter, we provide an explanation (“I was never arrested for a crime, but I was arrested by my home government for political reasons”). At least this avoids the problem of USCIS labeling your answer a misrepresentation.
In the end, the only real solution here is to read each question carefully, make sure you understand the question, and answer it appropriately. If the question is not amenable to a yes-or-no answer, or if you think an explanation is required, circle the question and provide an explanation. If you don’t understand something or are not sure, ask for help. It’s best to get the form correct now, even if that involves extra time or money, than to make mistakes that will cost you later on.
Hi Jason! On form I-485 there are questions like “Have you ever worked without authorization” and “Have you ever violated terms of your nonimmigrant status”, to which asylum seekers generally answer yes and this is forgiven. But what about the question about misrepresentation to get a visa? Many people, like me, have to tell the consular officer that they applied for a visa to travel, while in fact they are fleeing the country to apply for asylum. Should I submit form I-601 in this case? If yes, does it have to be submitted before I-485?
It really depends on the specifics and on what you said at the asylum office or immigration court. If you previously indicated that you made a misrepresentation, you will need to indicate that on the I-485 also. For the situation about visas, I have always mentioned the misrepresentation, explained that it was discussed in the asylum case, and USCIS has never requested a waiver (though maybe this will change under Trump). I think the reason they have not asked for a waive is because the refugee waiver (per a section of the law called INA 209 and using form I-602; the I-601 is for other types of waivers) is very powerful and would easily be approved in a situation like this (again, who knows if it will change under Trump). So I guess it is up to you, though hopefully, as long as you explain what happened and are consistent with prior applications and evidence, you will not need the waiver. Take care, Jason
Hi Jason!
I got my citizenship after 8 years of applying. can I visit my mother back home. things did not change in my home country. I am afraid they can denaturalize me?
any similar stories?
Thank you
I think the only way you would have a problem is if the trip causes the US government to view your original asylum claim as fake, which seems very unlikely. Indeed, it is doubtful anyone would ever ask you about the trip. Nevertheless, it does not hurt to keep a copy of your asylum case and to be prepared to explain why you returned and how you stayed safe, in the event that you are ever asked about this (which you probably will not be). Take care, Jason
Hello jason , first i wanna thank you for this great article, i have a problem and i just discovered after I read your article and now i understand more about inconsistency , and the problems that could happen because of it , i applied for asylum and it was approved and then I applied for green card and also approved but i had misrepresented information on my non immigrant visa which is the address and my job , nothing misrepresented about my identity also my papers which is the passport is not fraudulent , on the asylum application i put only the true information which is not consistent with non immigrant visa , during the interview of the asylum i have been asked twice if i lived anywhere else i said no only the locations that submitted on the asylum application and then one of the questions if i lied at embassy and i said yes i lied , and the asylum was granted when the time come for the green card i applied and my i485 and i589 has the same information there is no inconsistency between them , but on the yes and no questions I answered no by mistake to the question that saying have you ever misrepresented on information on visa application. Now my understanding that i should answer yes , so now am I going to face the same situation like the clients you talked about, if yes is there a solution i can do it , because i’m keep searching and i found that there a waiver called i 602 but this should be done before the approval of the green card , is my green approved by error and can i keep it and fix the mistake or i will lose everything. Thanks jason
I believe that you cannot apply for a waiver at this point, though I suppose if USCIS tried to take away the GC, you could apply for a waiver (though I am not sure which waiver, as the I-602 is only for aslees/refugees and so that would not be the correct waiver at this stage). In this situation, for our clients, we check the correct box on the N-400 and explain the prior error in the cover letter. In those cases, our clients were allowed to get their citizenship, despite the errors on the I-485. Another option is to keep the GC and never apply for US citizenship, in which case, the problem will likely never come up, but I think if you want to apply for US citizenship, you can; I would just explain the prior errors in the application, state that you informed the asylum office about them, and explain that you failed to mention the misrepresentation in the I-485. I think if you affirmatively inform USCIS about the mistake, you will probably be ok. Take care, Jason
Hi Jason! Thank you very much for all your help and support to our community. I do have a couple of questions for you regarding i-485: I do have a dismissed shoplifting charge from 2006. The record is sealed now. I will be answering Yes to a question on page 10 part 8 – 25. I will provide court disposition and the record of case sealing. What shall I answer on the following question on page 10 part 8 26 ( Have you ever committed ANY crime )? If I answer Yes, am I automatically admitting dismissed charge and making myself potentially inadmissible due to a moral crime? Or since the case was dismissed I shall answer NO. Do I need to file for a waiver for that crime? Thank you
I think it depends on whether you committed the crime, which can be a complicated legal question. You may want to talk to a lawyer about the specifics. I think regardless of your answer, you will need to circle the question and provide an explanation. I do not know for sure, but I think if you admit to committing a crime, but there is no conviction, I do not think you need a waiver, but I am not sure. On the other hand, if you do need a waiver, now is the time to get it. Assuming you are an asylee, you will be using the INA 209(c) waiver, which is a very powerful waiver and will likely work (and because this waiver is so good, I think USCIS often assumes the person will get the waiver and does not bother to ask for it). Take care, Jason
Hi Jason, I just had my green card interview after 4 years of applying for adjustment of status. The interview was in uscis field office, the officer asked me a lot of asylum related questions and how I got my visa in the first place, where I was detained, the name of the jail, which I don’t know honestly because it was a local illegal detention area.. etc. the officer doesn’t seem satisfied with my answers, this has happened 10 years ago, and I couldn’t recall few details. I have a clean record here, I’ve never been part of any activities that uscis flags both here and back home. I’m from Africa. How is this going to affect my green card approval? Is it common for a person to be denied a GC at this point? And what could be done if that happened?
As far as I know, it would be very rare for a person to be denied a GC at this stage. Maybe the USCIS officer suspects that the asylum case was fraudulent and that is the reason for the questions, or maybe the officer is just a jerk, which sometimes happens. At this stage, I would make sure you have all your asylum-related material in case you need it (if you do not have it, you can try to get it from the US government by filing a Freedom of Information Act request – see the links under Resources called FOIA USCIS for the asylum office or FOIA EOIR for an immigration court case). Otherwise, I think you have to wait to see what USCIS does. Hopefully, they will approve, but if they are suspicious, they will ask for additional information or maybe send the case to the asylum office. If that happens, I highly recommend you have a lawyer to assist you. I do think such a move is not common, so hopefully, you will be ok. Take care, Jason
[…] lead to issues during the naturalization process. I’ve written previously about some of the pitfalls on the I-485. The problem is compounded by the fact that most principal asylees are not interviewed […]
Hi Jason,
I submitted my Green card application last year, the dr that conducted my immigration medical exam, gave me a copy of my form I-693, I just sat down now and went through the form, I noticed where the dr marked that i have current physical/mental disorder without Associated harmful behavior class b. I was shocked and did not know when and how that disorder test was conducted and concluded. Do you know what impact this will have on my green card application and what can i do at this point because i do not have no mental disorder
I wonder if the doctor just checked the wrong box by accident. I do not know what, if any, effect that will have on your case. However, I think you should contact the doctor, tell the doctor about the error, and ask for a corrected version of the exam or a letter of explanation, so you will have that for USCIS (if you get a corrected version of the exam, just remember that it expires, and so you should either submit it immediately or collect it later from the doctor – maybe shortly before your interview – so it does not expire. Take care, Jason
Hi Jason,
My asylum was approved in 2019, I submitted my green card application July 2019, but still haven’t gotten my green card, My first question is will the new executive order affect me and secondly I will be moving to Texas in December, will it affect my Green card processing if I move from PA to Texas?
The EO has no effect on people in the United States, so there is no effect for you. If you move, you have to file an AR-11, available at http://www.uscis.gov. If you receive an interview, it will take place in the new location, but the move should not cause much delay. Processing times are unpredictable. We have seen cases take 4 or 5 months and up to 2 years. Most cases seem to take 12 to 14 months, but things may be slower due to the coronavirus. Take care, Jason
Hi
Im asylee. Im planning to apply for green card. Would it be ok of i apply now witht he situation around. Not sure how medical is processed in thie case?
Is there any fee reduction fro application comsidering covid 19 sitaution?
Also how long does the process take?
You can apply, and you can submit the medical exam later (USCIS will request it). You can request a fee waiver if you are eligible. Look at form I-912, available at http://www.uscis.gov. The processing time is very unpredictable. We are seeing cases take usually 1 to 2 years, but you can check the processing time at http://www.uscis.gov. Take care, Jason
hi
Thanks for replying. Do i need to undergo medical first and then submit medical resjlts with the green card application? Or first just submit the green card application and then in few months do the medical?
Im not sure what si the correct way of getting it done. Is it the way we can only do medical when we are asked for it? Also is there interview for the green card for asylee?
We have been submitting the medical exam later (when USCIS asks for it). However, I have had a few consults recently where USCIS rejected I-485 for very small reasons, causing the person to lose their filing fee (not to mention wasted time and stress). In one case, it was rejected because she forgot to include her birth certificate. I am not sure whether this is a new trend, but it does make me think it might be safer to include the medical exam at the time of filing if possible. Take care, Jason
ok thanks.
But i do not have my birth certificate for myslef. Is there any alternative document i can give?
You can explain why not and try to submit other evidence that you were born (for me, the best evidence is that you exist, but USCIS does not seem to consider that), such as national ID, school records, affidavits from people who can verify your birth date and parents. I think there may be some info about this in the I-485 instructions. Of course, if you can get a birth certificate somehow, that is the best solution. Take care, Jason
Hey Jason, How are you, Hope you doing well.
Sir I am applying for the green card, in April my one year time is completed. in December i went to foreign country for 15 days too and I used US TRAVEL DOCUMENT. My question is On Form I-485 Page no. 2 The asking Recent immigration history, Do i need to give information for my recent travel to foreign through Travel Document, or I need to give information for My J1 Visa. Because that portion have all questions, like I94 and visa statues, and Visa Expiration etc. Thank you sir.
They want to know about your passport, I-94, immigration status, and entry date. I think you need to list your most recent travel history and entry into the US. If you feel you need to explain more about this, just include a cover letter or use the pages at the end of the form to explain. Take care, Jason
Hi,
I applied for adjustment of status in July 2019, that is one year after my asylum was granted, by the end of July I received a notification stating fingerprints relating to my form I-485 as been applied to my case.
I just got home today Feb 15th 2020 and I got a notification to go for another biometrics appointment. Does this mean my green card application is about to be processed or what does this mean? Thanks Jason
I do not think it has any particular meaning, and it not uncommon for USCIS to tell you that biometrics are not needed, and then to send you a notice to get them done. So I think it is nothing to worry about. Take care, Jason
Hi Jason,
So I did file I-485 based on Asylum in Nov-04-2019, and three weeks later I did my fingerprints. The day after doing fingerprints my case status was updated to “finger print review was completed, however, a month later it updated to “ case was updated to show fingerprints were taken.”
My question is what is the difference between the two updates, there should be some difference, if not, why give an update? and does it mean my case is moving quickly?
And one more question; when to expect a Green card if the process goes smoothly? I had a strong solid asylum case which was approved the same day I had interview. I have no criminal history, but 2 parking and 1 failure to stop sign ticket which I disclosed in my I-485 Application.
Thank u,
I don’t know about the messages, and it seems to me that they have little meaning in this situation. As for the timing, it is not predictable. I have seen this process take maybe 6 or 8 months, and I have seen it take 2 years. I do not think it much matters whether your asylum case is strong or weak, but I really do not know why some cases are faster than others – it may have to do with USCIS workload and nothing to do with the case itself; I am not sure. Take care, Jason
Hey Jason, I had those exact 2 problematic mistakes when I filled my GC application but I saw your post and sent an explanation letter to Texas service center. But I didn’t hear anything back and my card get approved. I even called tier 2 officer over the phone and he said I don’t need to worry about it and do t need to send explanation letter which o sent anyways. Do you think this might create a problem for me when I apply for naturalization or the letter is a proof that I didn’t not misrepresent? What’s the best course of action when I apply for citizenship? Thank you so much
If you are worried about the errors on the I-485, it sounds like you tried to correct that in your letter. I would keep a copy of the letter and all documents you submitted in the asylum case and the I-485. That way, you will have them when you apply for citizenship. Also, I recommend you get a copy of your file from USCIS, so you will have everything that they have. Use form G-639, available at http://www.uscis.gov. It should be free, and you should get a copy of the file (usually on a CD) in maybe 4 to 6 months. Take care, Jason
Thank you so much Jason for this info. I requested a copy of I-485 and all the supporting documents for it. Do the officer have access to asylum application in naturalization interview or they just review I-485?
At the naturalization interview, they have copies of everything, so it is a good idea for you to have copies as well. Take care, Jason
Hello Jason,
First off thanks for all the help you give for asylum seekers and asylees. I’m an asylee from ethiopia and had my asylum granted in 2017. I did apply for my GC in 2018 and had my fingerprints done. However, my case was transferred to Arlington asylum office in February of 2019. I was concerned but found out that i wasnt the only one who had their cases transferred to asylum offices. I did contact asylum so many times but they keep telling me that it is under review and that it will be released. I even submitted an inquiry to Ombudsman to see if they could help. It has been more than a year since it has been sitting in asylum office and I am really lost right now. Any advice you could give me is helpful .
Thanks
I have heard about this in some cases too, and I do not know the reason. I think you are probably better off making inquiries to USCIS (you can call them at 800-375-5283) rather than the asylum office, but I am not sure about that, and there is certainly no harm in doing both (and the Ombudsman). You might even consider going to the asylum office in person (currently, you can still walk in on Wednesdays). If all else fails, you might consider a mandamus lawsuit, to try to force them to make a decision, but that is a fairly extreme measure. Good luck, Jason
Does it mean they are about to revoke my asylum status? Im just concerned Jason. Do I need to talk to a lawyer? Have you ever heard of Any thing like this ?
Thanks Jason
I doubt they will try to revoke the asylum – that is not easy to do. I have not heard about that happening for other people. While there have been positive developments in Ethiopia, I think it would take a great effort to start trying to revoke asylum for people, and in most cases, that would probably not work. There is not much to be done at this time – continue to make inquiries or try a mandamus, but basically, you have to wait for USCIS to do its job. Take care, Jason
Hi Jason,
I applied for my green card after the one year wait, I submitted in July 2019 and it stated it’s been processed at the Texas service center, I want to move from Philadelphia to Houston Texas, My question is what is the implication of moving to Texas, while my Green card application is pending.
You have to change your address with USCIS using form AR-11, available at http://www.uscis.gov. I doubt the move would have any effect on processing the case, or at least, I doubt you can predict whether moving would make the case faster or slower. Anyway, if you move, you have to change your address. If an interview is needed, they should schedule it at your new local office. Take care, Jason
Hi Jason,
I am in the process of applying for GC and one of the questions in the form is have you continuously resided in the States since you’ve been granted asylum. And although I have remained in the US since I last came here in 2017 my online I-94 shows a mistaken record of a departure in September 2018. I am planning to write an affidavit and submit my employment record to support my claim. Is there anything else you would suggest that I need to submit in respect to this issue ?
Happy Thanksgivings !
There is usually not an interview for a GC for asylees, so you might want to make a complete copy of your passport and submit that too, as it will show that you have no travel outside the US. I doubt this error will cause problems for you, but there is no harm in being a bit cautious and submitting the affidavit and maybe the passport copy, though. If you do submit an affidavit, make sure to explain why – that you noticed an error on the website for your I-94. Take care, Jason
Hi Jason,
I have not been involved in any political organization but have been a member of professional organization (clinical research), so am I required to answer yes to the question “Have you been a member of any…”
Best regards,
Gabe
Yes – if you are a member of any organization, including professional organizations, religious organizations, or any type if organization at all, you should list it. Take care, Jason
Jason ,
Thanks for all your help, I have a question based on I-485 application after one year grant on Asylum.
My question. 1) Using public benefit like Medicaid, on my wife and son form will I include it that they use public and state it that its Medicaid cos my wife used it to deliver our second child and my first child do use it since we got our asylum approved.
2) I didn’t use the Medicaid and anyother public benefit but want to ask if am to answer yes on my own form too as the head of the household but I didn’t have any benefit on my name.
Thanks Jason
1 – Using public benefits has no effect on the case of an asylee or his application for a GC (or citizenship). I wrote about that on September 24, 2018. However, if the form asked whether the person used public benefits, they should say yes, and indicate in the cover letter what benefits they used and for what period of time. 2 – If your children used them, you might want to mention this, just to avoid the potential problem of USCIS accusing you of hiding it (they love to do this). You can just say who in your family used benefits, what benefits, and for what period of time. Take care, Jason
Hi Jason,
I have a question regarding Part 2 on i485. there is a q says “if you were issued i94” they need no., expiration date, and status. Does this mean the i94 I currently have after my asylum approval or the one I got on my last entry? Cause the one I got on the last entry has been taken from me and replaced by the new one with the indefinite status but idk the status of the old one!
Thank you Jason for all your help
Actually, this is in Part 1, not 2. Another question on this part,, What is the current immigration status for those who have Asylum approval?
Your current status is “asylee” or “asylum approved”. Take care, Jason
If I remember correctly, that question refers to your last entry into the US, but sometimes we put the person’s asylum I-94. Double check the question, but I don’t think it much matters. If the question asks for the I-94 number from when you entered the US, you can get that by Googling “I-94 locator” and entering the information from your US visa. Take care, Jason
Thank you for your reply,
I believe it’s related to the last entry as it asks about the expiration date on i94 which is not found on the i94 we have after asylum approval!
Another question Jason if you don’t mind. If I have a financial hardship and used i-912 supported with all documents that prove my current financial situation, does this delay the decision on i-485 application? and Should I send i-912 first or attached to my i-485 application?
Thanks
Not all visas have expiration dates (for example, the F-1 visa is “duration of status” or D/S meaning it is valid as long as you continue your full-time studies), but if you read the beginning of that section, I think it asks for info about your last entry. If you want to use the fee waiver form, send it with the I-485. I would not be surprised if it caused some delay, but I do not know how much. My sense is that it does not cause a major delay, though these days, it is very difficult to predict time frames. Take care, Jason
Hello Jason,
First off thank you for all you do for asylum seekers in the US. I just have one question to ask. Im an asylee n applied for for GC on July of 2018. Then my case was transferred to an asylum office in October of 2018. I didn’t get any letter regarding why it got transferred. I tried to contact both the customer service and Arlington asylum but nobody was able to tell me anything. What should I do? It been more than 9 months since I submitted my case and been over 6 months since my case been sitting in asylum office ( my case status says that on October …. We transferred your case to an asylum office….). Should I make an inquiry about my case? Please any advise you could give me is helpful
Thanks
You can make an Info Pass appointment at the asylum office to inquire. You do that at http://www.uscis.gov or there is a link at right called Info Pass. Maybe they can help you. It may be a non-issue, though. Processing times for GC cases are 8 to 20 months, and so you are well within the expected processing time. Anyway, if you are concerned, there is no harm in inquiring. Take care, Jason
Thanks Jason. I am currently living ohio but my case was transferred to Arlington asylum office , which is the office that gave me the status. So how does the info pass work for me? I did email arlington so many times but didn’t get even one reply. I’m just worried a bit. The customer service seem to know nothing . at first they told me my case was in Chicago asylum office . when I contacted Chicago AO, they informed that it was Arlington asylum office. It just worries me knowing nothing about my case. Do you think making inquiry on their website would help?
I do not think an inquire will help, but I do not think it will hurt either, and it might give you some peace of mind. If you follow the link at right called Info Pass, you can make an appointment at the office, go there, and inquire about the case. I do not know if they will give you an appointment for such an inquiry, but you can try. Take care, Jason
Thanks Jason. Should I be worried about the fact that it been transferred to Arlington asylum office and been sitting with them for a while? Is this a sign of concern for my asylum status? Have you heard asylum based i485 cases being transferred to AOs? Please any insight you could give me is helpful. Thanks Jason
I do think that happens sometimes, but I don’t pay close attention to all the internal USCIS transfers. It may just be routine. There is nothing to be done at this stage, and I doubt it is something to worry about, but I cannot say for sure. Take care, Jason
Hello Jason. I have one question regarding i485 . im just confused by the question that asks about party afilitation. I got my asylum status because of persecution I suffered due to my involvement in a political party back home. But currently I don’t participate in the party like I used to. If I mentioned not being member of the party No more on the application, would that cause denial of my case. I fear if I do that they might provoke my asylum status saying that you are no more member of that political party. Please any advise you could give me is helpful.
If you were ever a member of any organization, including a political party, at any time in your life, you need to mention it on the I-485. Also, anything you listed on the I-589 (asylum form), you should list on the I-485. USCIS will compare these two forms, and if there are inconsistencies, it will potentially create problems for you. If you are no longer in the party, that is fine, you just need to list when you joined and when you stopped being a member. Take care, Jason
Hello Jason ,
This is me again I did asked ur advice regarding my i485 being transferred to Arlington asylum and what it means . today I got an email from arlington office , and it says this:
” Thank you for your email. We appreciate your patience with our office and our delays in getting a response to your inquiry. Please note that your case is undergoing post-adjudication review and is in late stages of that process. We anticipate additional work to be completed before the end of the fiscal year but cannot commit to a specific date due to complex nature of the review. ”
I am getting worried right now and i don’t wjat they mean by that. Please give me an advice on what I should do . do you think they are trying to provoke my asylum status? I’m from ethiopia and things are getting better there. Please any advice you could give me is helpful.
I did a consult with an Ethiopian who had demonstrated past persecution. Normally, this would result in the grant of asylum, but in his case, they denied asylum because of “changed country conditions.” Given the situation in Ethiopia, I think that is a bad decision, but that is what they did. That said, I have not heard about any systematic effort to start undoing Ethiopian asylum cases, and I think any such effort would fail (though obviously it will cause hardship to those who are targeted). I doubt that they will make such an effort, but you never know, since they are so vicious these days. In any event, there is nothing you can do except wait. If you find evidence that supports your need for asylum (for example, bad conditions in Ethiopia), maybe save it, so you have it if you need to show that conditions have not really improved. Take care, Jason
Thank you Jason
But have you heard of any clients who had been in post adjudication review process at asylum offices? Do you know what the process is all about? And also what do they mean when they say before the end of fiscal year? Do you think I should just wait for the outcome or should i be concerned and get a lawyer? Please any legal advice you coukd give me is helpful
Thanks
I don’t know what a lawyer can do at this point, but maybe it would not hurt to have a lawyer go over the case to see if there is any clue about what is happening. I spoke another lawyer today who said he has seen several Habisha cases sent to the asylum office, but he has not seen any denials or revokations. He thinks it might be due to changed conditions in Ethiopia (even though we both agree that the “changes” are not enough to properly revoke asylum). Anyway, we will obviously keep an eye on this. The end of the fiscal year is September 30. However, when they give a time frame, they don’t always keep to it. If I have news, I will try to post something here, and maybe if you have news, you can let us know. Take care, Jason
Thank you so much Jason for all you do,
I will apply for my Green card in June of 2019, I live in Philadelphia, will be moving to Texas next year April,
what implication will this have on my Green card, putting into consideration my green card is based on asylum and Texas is not an asylum friendly state
I expect it will have no effect. Sometimes, moving delays the GC application a bit, but usually not really. Just be sure to update your address once you move – use form AR-11, available at http://www.uscis.gov. Take care, Jason
Hi Jason,
I was granted asylum in June 2018, If i apply for my Green Card in June 2019, I just want to know if the Green card is just going to be for two years, then will have to apply for the 10 years Green card after the expiration of the two years Green card.
The 2-year green card is not for asylum-based cases. You will get a 10 year (permanent) card. The card will be back-dated one year, so if you get it in April 2020, it will list that you have been a lawful permanent resident since April 2019. This allows you to apply for US citizenship a year sooner than you normally could (in this example, you would be eligible to naturalize in April 2024, and you could actually submit the application 90 days early – in about January 2024). Take care, Jason
Hi Jason,
I got my asylum approved in June 2018, I want to know if i should wait till June before putting my GC application in, or can i submit my application in May of 2019
We used to submit one month early, but then one of the cases got rejected, and since then, I only file for the GC once a full year has passed since asylum was approved. One hint if you got asylum at the asylum office: Sometimes the date of the letter (at the top of the page) is different from the date asylum was granted (listed in the first paragraph), so maybe that would help. Take care, Jason
Jason,
I applied for a GC last November. I work in the University so I applied for NIH grant based on my pending 485 case. They will not give you the fund until you get the permanent resident. Now I get accepted for the grant, could I request USCIS to expedite my case based on NIH approval for my proposal. MY grant is to develop a new drug for Alzheimer which I think is one of the expedite criteria (USCIS compelling).
I appreciate your reply.
You can submit evidence about this and ask to expedite. Whether that will help, I do not know, but there is no harm in trying. Take care, Jason
Hi Jason. I also applied for Green card last year,it will be a year by May 2019 and still waiting.
Sadly most medical residency programs favour green card holder and citizenship.
Is there a way I can expedite as I was informed my green card pending is a major hurdle as a foreign medical graduate.
Thanks
You can call USCIS and ask about this (the phone number can be found at http://www.uscis.gov). I tend to doubt that they will expedite a case for this reason, but there is no harm in asking. Hopefully, even without expediting, you will get the GC soon, as most cases we see take maybe 12 to 15 months. Take care, Jason
Thank you so much Jason.
God bless your beautiful soul and happy Easter to you and your family!
Thank you – Happy Easter to you as well, Jason
Hi Jason. I earlier requested for an expedition via info pass and USCIS reached out to me for evidence of my school application within 14 days which i submitted via my congressman office.
so i get a message few mins ago from my congressman via email with uscis response stating ” your constituent case pending a background check clearance”.
I am very confused at this point,again i wonder how long this wait will take at the texas center,its already over a year and my school application deadline fast approaching
I do not know how long this would take or what the message means – you might reach out to the Congress office for clarification. Take care, Jason
My green card was approved in November after an interview at local office asking basic questions like employment, children school and bit of asylum story.
Total wait time 18 months Texas service center.
I wish everyone best of luck and a big thank you to Jason,God bless America.
Hi Jason, I have a pending i485 application for 9 months now. Upon checking the form I filed, I saw a question about the public assistance. ‘Have you received public assistance in the US from any source, including the U.S Government or any state, county, city or municipality (other than emergency medical treatment)?’ Unfortunately I answered NO, thinking only government assistances. I have received cash from the Lutheran Social Services for few months around 6 or 7, and later I got health coverage from Kaiser Permanente for about a year up until Dec 2018. The word ‘from any source’ caught my attention. I believe I have to mention this on the i485. My case is in a local office now. Can I just make an info pass and submit that page with an explanation or what can I do? I’m really worried, I don’t want USCIS to assume I purposely lied, it was a misunderstanding. Please tell me what to do.
Thank you and have a good day!
I would just make a copy of the I-485 receipt, write a cover letter with an explanation (and the receipt number and Alien number), and mail it in by certified mail. Keep a copy of everything (at least until you are a US citizen). I think you will be fine. Take care, Jason
Hello Jason,
First i would like to thank you for all the work you do for asylum seekers and asylees. I’m an asylee from Ethiopia . I got an asylum granted in 2017 and after I gave my fingerprints done , my case was transferred to Arlington asylum office in January 2019 . it seems to be the case for many ethiopian asylees applying for GC. I tried contacting Arlington asylum office many times ,and they keep saying its in the last stage of post adjuciament review. I don’t know what to do anymore . I know this has to do with the changing condition in Ethiopia. It has been almost year since my case has been transferred to Arlington . is there anything I could do ?
Thanks
I do not know for sure, but I do not think the US government is trying to take away asylum from Ethiopians based on changed country conditions. At least, I have not heard about any such attempt (and it would be pretty big news if that happened, so I would probably hear about it). There are lots of delays with USCIS, including for GCs based on asylum. That said, you can call USCIS (as opposed to the asylum office) to inquire – 800-375-5283. Also, you can try the USCIS Ombudsman – a link is at right. This is free and they sometimes help with delayed cases. Take care, Jason
Hi Jason Sir,
I have coupe questions regrading filing i-485
1) I do not have birth certificate of date when I was born in 1969, I made my birth certificate in year 2000 when required make Passport and apply for a job overseas. Is it going to be problem?
2) Along with the i-485 I want apply for i-131. I want to travel to 3rd country after getting GC, but i-131 says about Application Type, Reentry is for Permanent Resident or Conditional Resident, and RTA for refugee or asylee status.Shall I select RP or RTA? Please also confirm there is no i-131 fee if apply with i-485.
Thanks and regards,
1 – Probably USCIS will want additional evidence, such as hospital records, school records, letters from people who know when you were born and who your parents are, etc. It is very annoying. You might just submit the birth certificate you have and see what happens, but there is a good chance that they will ask for more. 2 – Most people with asylum get the RTD, but the RP is better in the sense that it lasts for 2 years instead of one. The problem is that the RP is for re-entry, and would not normally be used in lieu of the passport, so most people with asylum get the RTD, since it potentially causes issues if they travel with their home-country passport. As for the fee, I think there is no additional fee for the I-131, but this seems to change now and again, and so you best check the instructions. Take care, Jason
Hi Jason,
Thank you for all you do.
I have a question regarding the green card application. I got approved for the asylum and my husband got it too thru me. Now we are ready to apply for the green card. I know we need to file the form I 485. For my husband do I need to file the form I 730 for him too?
Thank you
If your husband has asylum, and has had it for 1+ years, he would file the I-485 to apply for the GC, the same as you. The I-730 would be for a spouse who has not yet received asylum and must be filed within 2 years of the principal applicant receiving asylum. Take care, Jason
Thank you Jason
Hello jason,
I have a question to ask about my asylum based i485 application. My asylum was granted at Arlington asylum office last year. I moved to ohio few months ago and filed i485 application like 6 months ago. I got my fingerprints done and everything. However, my case was transferred to asylum office like 3 month ago, and i didnt get any written statement regarding the transfer. I’m originally from ethiopia and things are getting better there. I have also read from uscis website that i485 applications are referred to asylum office if they believe revocation of the asylum status is necessary. I’m really worried. My case is with Arlington asylum office and I have tried to contact them many times with no reply. Is this a normal thing for asylum based i485 application to get transferred to the asylum office that orginally granted the asylum status?
Thanks
I do not think you should worry about this. We have not heard about revocations of Ethiopian asylum based on improved country conditions, and I doubt that is happening (I also do a lot of cases from Ethiopia, and I think I would have heard if this was an issue). Many GC cases indicate that the case was transferred to the asylum office, but I do not know why or what it means, and I have not seen any such cases end in a revocation procedure. There is nothing you can do about this anyway, except maybe to be sure you are ready if they decide to challenge your asylum grant by saving and collecting all the evidence from your case (again, I think a challenge to your asylum status is unlikely). Take care, Jason
Thank you so much Jason,
I was just worried since I haven’t heard anything since it got transferred to Arlington asylum office for processing like 3 month ago. I know asylum offices have their own backlog and it seems like I have to wait forever to hear from them . It been almost 7 month since I filed my GC application and haven’t heard anything about my case in 3 month (After asylum office had it) . When do you think I should make an inquiry regarding the status of my case ? Have tried contacting Arlington asylum office, customer service but were unable to give me anything.
Thanks again for all the help
If you want to make an inquiry, do that through USCIS, not the asylum office. That would probably be more effective. I think a GC probably takes at least 9 months – you can check the processing time at http://www.uscis.gov. If the case is still within the processing time, there is no reason to make an inquiry. Take care, Jason
Hello Jason,
Thanks again for all the help you do. I sought an advice from like a month ago about my asylum based getting transferred to asylum office for process like in October of last year. My case was transferred to arlington asylum office. I knew this when I contacted Chicago asylum office thinking they might have my case since I moved from Maryland to ohio. But today when I checked my status, it was updated to a new date (feb 11, 2019) but with the same message , stating that they transferred to asylum office for processing…… I’m really confused . does it mean it got transferred to another asylum office? This is really having me worried. Please any advice you could give me is helpful .
The online status does not tell you if your case is transferred, at least I do not think it does. If you filed a changed of address form, AR-11, you should be fine. You can contact the asylum office directly to see if you can confirm. You can find their contact info if you follow the link at right called Asylum Office Locator. Take care, Jason
Thanks Jason,
I haven’t made an address change and I have been living in ohio since 2017 and uscis has a record of my current address. My case status was saying ‘on October, we transferred your case to asylum office ….’ , and now it’s saying ‘on February 11, 2019, we transferred your case to asylum office…’. It’s just the same message but different dates and that’s what had me confused . I have been emailing Arlington asylum offices multiple times over the last 2 month’s but never heard a single word. It just worries me that I dont know which office has my case
If the change of address was properly done, you should be fine. I think the physical case is not kept in the asylum office. I think it is pulled from storage at the time of the interview, and so if they have your new address, the case should be in the correct office. It is annoying that they do not respond to verify. If you find yourself in VA or IL, you can go to the asylum office to ask in person. That is a big pain, but you will have an answer. Anyway, I would email them every so often and they will probably respond eventually. Take care, Jason
Thank you Jason
The office that had my asylum status granted is Arlington asylum office. I did contact the Chicago asylum office and they informed that they don’t respond to case sensitive application question thru email and I should contact the asylum office that had jurisdiction over my case. & what does it mean if my case is with Chicago asylum office though Arlington is one who had my asylum granted
I am not sure. Maybe you need to try to contact Arlington, and see what happens. Take care, Jason
Hello Jason,
I am asylee and I would like to apply for green card as soon as one year passes over the grant date. There are few question I’d like to ask:
1- Are asylees interviewed for green card applications?
2-USCIS website says that when an asylee applies for an adjustment to green card he/she should prove that he/she has been physically present in the United States for at least one year after the grant of asylum. Some legal websites indicate that documents such as school enrollment records, a copy of a lease, bills, pay stubs, or receipt of government benefits can be used to prove that. I don’t have any these documents. Are there any other documents I could use?
Thank you so much in advance,
1 – The principal applicant is usually not interviewed. The dependent asylum applicant is usually interviewed. 2 – We do not include such info, but USCIS could ask for it. You can include a copy of your passport, which shows that you did not travel. You can also get letters from people who know that you have been in the US. Take care, Jason
Thank you Jason. Just one more quick question.
I am the principal applicant on our asylum case, which I was granted. During the interview the officer asked my wife, but not me, the reason why she did not write her previous employment information in her visitor visa application. We were both students when we applied for the visa together. And we worked at the same place with my wife before that. The officer did not ask me the same question. Could that be a problem during her green card or citizenship application process?
Thank you
It could be a problem if she did not indicate her jobs on the visa. This can be tricky – on the I-485 form, it asks whether you ever lied to obtain an immigration benefit. If she says “no” and USCIS considers the omission a lie, then she could get into trouble for lying on the I-485 (in addition to the “lie” on the visa application). These days, you cannot really take something like for granted. I recommend you talk to a lawyer and decide how best to approach the GC application. In the end, this should be fine, but you need to be careful. Take care, Jason
Thank you Jason. As far as my wife remembers, she gave previous employment information in the visitor visa application. Is there way to reach the DS visa application form to see whether she gave the info or not?
I do not know how to do that, sorry. Maybe through a Freedom of Information Act request, form G-639, available at http://www.uscis.gov, but I do not know if that will give you the State Department form and it will take maybe 4 to 6 months. Take care, Jason
Dear Jason Sir,
We got asylum approval in May 2018, and we applied for the RCA(Refugee Cash Assistant) California, because I need it, I have 4 kids and wife doesn’t speak English and not working at the moment. We just received an EBT card which allocate some cash amount and food assistance as well.
My concern is if we use this public benefit of EBT, will this hinder our application of green card? or we can define them in detail in cover letter as you suggest?
We haven’t used EBT yet, waiting your response.
Thanks and regards.
In addition we also obtain MediCal for kids immunization required for school. So using theses EBT and MediCal, public benefits should’t be a problem to getting CG if we are genuine recipients.
Thanks
Just make sure to reveal all this when you apply for the green card. Take care, Jason
I do not know for sure, but I believe the “public charge” requirements do not apply to people with asylum. The most important thing is that you tell the truth on the I-485, so if you use this assistance (or even apply for it – depending on the exact wording of the question), you need to mention that. If USCIS thinks you lied about something, they will deny the case. If you want to be 100% sure, talk to a lawyer, or a non-profit organization, which often knows a lot about public benefits. I wrote a post on September 22, 2016 with links to non-profit organizations that might be able to advise you. Take care, Jason
Hello Jason,
First, thanks for all the help for the asylum community. I do have a question that you could hopefully help me with. My asylum was granted in July of last year. I applied for LPR after a year. I did my biometrics , but like 3 weeks ago it got transferred to arlington asylum office. I tried to reach out to the office but didn’t get any help. I even called the customer service , but they told me that it’s normal process that is helpful in the vetting process. I’m really stressing out. I’m originally from Ethiopia and things are changing in Ethiopia. Is this normal for LPR application to get transferred to asylum offices? Do you think uscis only transfers asylum based i485 back to asylum offices to revoke asylum grant? Please any info you could give me is helpful.
Thanks
The same thing seems to be happening to a lot of people. I do not think you can read into USCIS’s internal transfers, and so I would not worry about it. As for Ethiopia changing, I think it is too soon to affect a case that was previously granted. Most Ethiopian cases involve past persecution, and even if the country turns into paradise, past persecution is not erased and the person would still probably be eligible to keep asylum. In any event, there is nothing to be done. We have seen cases such as yours take about a year, so you probably still have some time to wait. Take care, Jason
Thanks Jason. So my friend told me that his application was also transferred to asylum due to one question on the application where it asks if I was arrested or not. I said no thinking it was asking for crimes related to crimes . is there any way I could correct this ? Should i mail Arlington asylum office or can I do the correction over the phone thru customer service?
For the I-485? I think you will have to mail a letter of explanation to USCIS. Make sure to include your full name, Alien number and I-485 receipt number. Keep a copy of whatever you send and keep proof of mailing as well. Take care, Jason
Thanks Jason. Should I mail it to Arlington asylum office or the service center though?
I would mail it to whatever address last sent you a letter. I guess you can also send a copy to the asylum office, in case they have the file. Take care, Jason
Yes Jason , right now the asylum office has my file. So should I send it to both Nebraska service center and the asylum office? And one more thing , do I need to explain my persecution and again on my written statement since they already have it on my asylum claim?
Thanks jason
I guess you can send it to both; there should be no harm in that. I thing you need to explain about the arrest and why you did not list it on the I-485, but I do not think you need to tell the whole asylum story over again. Take care, Jason
Hello Jason,
Thanks again. I did send a letter to USCIS to correct the yes/no question ( question about arrests) correcting stating why I made the mistake . I did attach my receipt number as well. But the mails were returned back to me. Should I try to resend it again or wait for the office to send me a notice ? I know most asylees dont get interviews and that it might cause a problem later on if they issue the GC now with out the correction made. What should I do ?
Thanks Jason
You might try to send it again, but make sure you explain what it is, and address any issues related to why it was rejected. You can also make an Info Pass appointment (a link is at right) and try to deliver the letter to USCIS directly (bring an extra copy so they can stamp your copy as proof that you filed it). Take care, Jason
Thanks Jason,
I live in columbus Ohio. Can I just make an info pass appointment at Columbus field office and give the letter to them? I have never made an info pass before and Nebraska was the one holding my case before it got transferred to arlington asylum office.
If you go to the Info Pass website and enter your home zip code, it will give you an appointment at the nearest office (though again, to get an appointment can be challenging). Take care, Jason
I am filing I-485 AS A05, BUT IN THE NEW VERSION OF 18 PAGES I DO NOT KNOW WHAT IS THE BEST ANSWER
ON PAGE 2, AND 13.
Please I need some help
Thank you.
I cannot give specific answers to forms here, as I do not know the case. If you are not sure, it is best to consult with an attorney, who can review the specifics of the case. Take care, Jason
Hi! Thank you so much for this information! I recently
married an American citizen and we are going go start the process for my green card but I have now a question: what should I mark in the question that says: “Have you ever worked in the US without authorization” and “Have you ever violated the terms of your immigrant status?” I have worked as a babysitter all these years that I have been undocumented and got paid in cash. If I answer “yes” what would be a good explanation for it? Or what’s is the better way to approach this. I’m afraid my answer might impact the petition.
Also, should I make taxes and send them along with my petition? Thank you so much in advance for your great help!
I can’t give specific info about forms, as I do not know your case. I would recommend you talk to a lawyer about the specifics. In general, we tell our clients to tell the truth on forms. Normally, working illegally does not block a person from getting a GC based on marriage to a US citizen, but it could have an effect on the case, and you should talk to a lawyer about that. As for taxes, normally we do not send those for the applicant, but again, it depends on the case. Take care, Jason
Hi Jason, I came to us as a j2 when I was 3 years old. my mom has since filed for asylum and it was granted last year before i turned 18. while waiting for asylum approval, my step dad adopted me before I turned 16. Can I apply for certificate of citizenship? Also as a minor i have had some juvenile offences and in one of them a girl falsely accused me of rape they are telling me to have a plea deal where a plead to guilty to sexual battery in juvenile court. I believe I am innocent and we have tones of evidence, but being charged in adult court is really scaring me. I dont know how it can turn out. The court is in an area that really does not like immigrants. if I take this plea deal, will i ever be a citizen? Please help. I am really devarstated. I am now 18.
You need to talk to an immigration lawyer about the specifics of your case. If you have a green card now, and you live (or lived) with your US-citizen step father, you may be able to claim US citizenship – that would obviously solve any immigration issues. However, I cannot tell from your post, and this is serious enough that it is a good idea to consult with a lawyer and know your options before the criminal case moves forward. Take care, Jason
Hello Jason. I was granted asylum and now I am adjusting status. Today I received USCIS letters for biometrics. I received 2 separate letters- one for i-131 and another for i-485. There is one day difference between those appointments. Do they need separate fingerprints for each form. Whats the point of going there twice as there is one case and several forms included in it.
Thank you in advance
That is annoying. However, when that happens, I recommend that people go to both appointments, just in case. One option is that you should bring both letters to the first appointment and ask whether they can make sure that everything is completed on the first trip. This will probably work, but if not, it is probably safer to go again the next day. Take care, Jason
Hi Jason, I’m in the middle of preparing my application for GC and I have one question. My asylum was granted at the court since I ve been denied asylum at the asylum office. My question Part 8. No. 18. ‘Are you presently OR have you ever been in removal, exclusion, recession or deportation proceedings?’
Is it a YES since I have been granted asylum through the court? I am a little bit confused.
Thank you for your continuous help to us all!
It sounds like you were in removal proceedings. If so, you can mark yes and provide an explanation in the cover letter or at the end of the form (and of course include a copy of the court order granting asylum). Take care, Jason
Hello Jason, I am asylee and want to apply for green card to adjust my status. Can I leave blank that box where there is question in I-485 part 2 – receipt number of underlying petition. I think this doesnt apply to me. Please, advise…
I think you are right, but I would have to look at the form and your case to be sure. If you are uncertain about that, talk to a lawyer about the specifics of the case. Take care, Jason
Thank you. I have one one more question about I-131, question 6: class of admission. Should I write asylee or a05…
No – you should write the type of visa you used to enter the US, or explain that you entered without a visa, if that is the case. Take care, Jason
Hi Jason
I have a question , i was granted asylum a year ago and i filed my i485 along with all the supporting documents needed and the i693 the medical exam enevleope, and along with for i912 request for fee waiver with all its supporting documents , and i also attached the g1145 form on top of my i485 , my question is , it has been 2 weeks since my package was received but so far i didnt get any txt notification or email notification based on the g1145 , and i didnt get any mails or any kind of notification that my case was received or accepted or assigned to any field office ! is that normal ? is that too long ? should i be worried or call them or what should i do ?
Thanks A lot
I would not start to worry until at least 4 weeks. My guess is that you are fine. Take care, Jason
Hi Jason ,
Thanks for your reply! I got my receipt for the I485
I just have a question that’s worrying me , on the application they asked if you receive public assistance, and iam on medicaid i applied for it only when i had a serious injury and i have it since then so when I searched and looked what does it mean by public assistance and on the uscis website they say medicaid isn’t considered a public charge so i choosed no ! Since it isnt ! But now i feel worried and confused! Should i have said yes as Now i think may be its a public assistance but not subject to the public charge ! And i also know that asylees arent subject to public charge. Am i ok like this or should i call them and change it or what can i do ! I was forthcoming and honest about all my answers!
Thank you
You might get evidence of your Medicaid and send it to USCIS with a copy of your receipt number and an explanation. Keep a copy of everything you send. This way, if there is any question about “lying” to cover up the fact that you received a benefit, it will be eliminated because you explained about the Medicaid. There may be other ways to approach this issue as well, so you might want to talk to a lawyer to think about the best response, but as long as you tell USCIS about this, I think you will be fine. Take care, Jason
Thank you Jason
Yeah I think i better send it !
What if it was late to send it or if It was lost or I didn’t send it ? Do they deny the application right away? Or send intent to deny where i can respond lt amend something ? Or send request for evidence? Wil i have the chance to explain it later ? Or re apply or iam completely blocked for life from getting a gc like this ?!
Iam sorry for too many questions
Really appreciate and value your opinion
I think it is a good idea to send it, but I do not think this is such a big deal. The worry is that you will not have an interview or an RFE, and then you will not have a chance to explain. If you send it (and keep a copy and a copy of the mailing receipt), then you will have evidence that you tried to explain, and I think it will be fine. Take care, Jason
Hi Jason. I appreciate all the help and information u give here. Anyway I have made same mistake mentioned on the above comment for question no. 25 i-485 that says “have u ever been arrested…” I said no thinking it is arrests related to crime. case status says my case is transfered to asylum office. Could that be the reason or it is a usual process? If I am to make correction which office should I mail to the original service center or to the asylum office(don’t know which asylum office as not mailed yet). Thank you.
You can try to send in the correction to whatever office last mailed you something. Keep a copy for yourself and keep proof of mailing. That way, even if they do not receive it, at least you will have evidence that you tried to correct the error. Then, if you have an interview, you can bring the evidence and show it to them. Hopefully, this will avoid any charge by USCIS that you misrepresented your arrest history. Take care, Jason
Hi Jason! Thank you very much for all your help and support to our community. I do have a couple questions to you regarding i-485:
1- Is there any way to correct mistakes in i-485 after submission?
2- Question #25 in i-485 (Have you EVER been arrested, cited, charged, or detained for any reason by any law enforcement official (including but not limited to any U.S. immigration official or any official of the U.S. armed forces or U.S. Coast Guard): Is it regarding the USA only? or home country too?
3- If you failed to mention arrests and memberships in the I-485(for the reasons you have mentioned in this article) and officer find out that, how soon they will inform you about that? How will they inform you? And what to do next? Is there still the chance to get GC?
4- How often i-485 gets rejected or denied for that reason?
5- How long does it take to get a GC?
Thank you for your time, Jason!
1 – You may want to make corrections in writing and submit them before or at the beginning of the interview. If you have asylum, you probably will not get an interview, and so you should submit them in writing. Attach a copy of your receipt so the corrections can be matched to the pending case. 2 – Anywhere in the world. 3 – They may not inform you if there is no interview, so it is important to correct the record before they issue a GC and it causes trouble later (as it did for the people discussed above). 4 – I don’t know. 5 – Hard to say. Maybe 10 months to a year. Maybe more. Take care, Jason
Thank you very much!!!