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.
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