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.

Copyright © 2003 - 2004 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.