Q & A February 12, 2006

Q & A 1.


Q&A 1.

REMOVING CONDITIONAL ASYLUM STATUS UNDER THE REAL ID ACT

Reader from Massachusetts asks:

I received my conditional political asylum in 8/01. As I understood that the “Real ID” act stated there was no longer the quota limitation for “one child policy” asylees. Could I apply for A5 card now and one year later apply for green card? Should I wait for CIS’ notice in order for me to apply for A5 card?

I was told that the “REAL ID” act would be implemented 3 yeas later. Do I have to wait for 3 years?

If there is no quota limitation for “one child policy” asylee, will I become final asylee and be able to apply for my mother to immigrate to the U.S.?

Dear reader:

One of the effects of the Real ID Act signed into law on May 11, 2005, was to remove the need for population control policy asylees to undergo a period of conditional asylum before being invested with full asylum status and the benefits of filing for dependents and starting the clock on the one year of asylum status which is required prior to applying for permanent residence. At this time, U.S.C.I.S. still appears to be taking a fairly rigid approach to the legislation, insisting that it must officially lift the period of conditional residence through notice. This attitude disadvantages those asylees whose cases were approved long ago as opposed to individuals who have been granted with full asylee status by immigration examiners and judges since May 11, 2005. Instead of crediting periods of time as conditional asylees towards the one-year requirement of asylee status before being able to file I-485 applications for adjustment to permanent residents, U.S.C.I.S.'s stance is that not only must it send out the notice to become a full asylee, but the asylee who has been years in conditional asylee status must still spend another year as a full asylee before being eligible for I-485 filing. There does not seem to be much logic to this interpretation.

In answer to your specific questions, the Real ID Act is being implemented at this time and U.S.C.I.S. and the Executive Office for Immigration Review are sending out notices removing the conditional basis of asylum. As a conditional asylee still, U.S.C.I.S. would most likely not give you the A5 designation on an employment card, and would probably still assign you the C8 designation for a pending asylee. When you become a full asylee, you can apply for spouse and children, but not your mother. You may be able to convince the American consulate where your mother resides to give her a temporary visa to visit you, but there is no right to immigrate your mother until you become a U.S. citizen. In addition, visitors visas are given in the discretion of American consular officers.

Hopefully U.S.C.I.S. will rethink its present position as it is unfair for conditional asylees who have waited - many for a long number of years- to be disadvantaged vis-a-vis persons who are now applying for and receiving grants of political asylum.

 

Copyright © 2003-2006 Alan Lee, Esq.
The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.