Q & A October 24, 2004
Q & A 1.
Q&A 1.
Asylum approval under one child policy needs to wait one year
after removal of conditional asylum in order to apply for permanent
residence
Dear Mr. Alan Lee:
I applied asylum under one child policy and the court approved.
But it did not explain when my green card would be issued. My questions
are:
1. For how long I could receive my green card? What are the application
procedures? What is the process? Should I wait for the court to
contact me?
2. It is reported, I now can apply for my wife and children to come,
is there a possibility? What reasons should be used? Visiting Relatives?
Reunion? What forms should be used for application?
Thanks very much.
Sincerely,
Rong Dong
Dear reader:
1. If you were approved under the one child policy for asylum,
the court would give you conditional and not permanent asylum. You
must first have the conditional basis of the asylum removed and
then wait one year in order to apply for permanent residence. You
will be contacted at a later date by the Executive Office of Immigration
Review when the conditional basis is removed. At this time, most
individuals who were conditionally granted asylum on or before April
19, 2000 and whose identity, background, and security checks have
been updated and cleared have been notified of eligibility for permanent
asylum. It is difficult to foretell how long it will take you to
receive a permanent resident card once you are eligible to apply.
The current waiting period as projected by the U.S.C.I.S. is 11
years although the time period could drop by at least two years
depending upon the outcome of a lawsuit demanding that the U.S.C.I.S.
use 22,000 asylee adjustment numbers that were set aside but never
used in past years. The case was favorably decided for the aliens
in the District Court and is currently on appeal by the government
to the Court of Appeals.
2. At this time, you are probably not eligible to apply for your
family members under follow to join asylum as it would not appear
that you are a permanent asylee. When your asylum is finalized,
you can file I-730 refugees/asylee relative petitions on behalf
of your family members at the Nebraska Service Center. Your family
members can attempt to come to the U.S. prior to that time if they
have other means to do so, e.g. H-1B or other working statuses.
B-1/B-2 visiting visas are given in the discretion of American consular
officers, but usually not approved in cases like yours.
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