Nesconset, NY Immigration Law Firms & Lawyers

There is no requirement for you to wait. However, more information is needed. What are your concerns? Did you obtain your green card through marriage to US citizen? Is this a former husband or boyfriend? A bit more information is needed before this question can be answered as a matter of legal advice.

Your lawful status will end on the date stamped in your passport when you entered the U.S. - unless you apply for, and receive, an extension or a change of status. Once it happens, you will not be "lawfully present" and will not be able to adjust status to a green card based on the approval of a I-140 petition. Filing an asylum application does not provide you with any lawful status - regardless of whether the case is in the Asylum Office of USCIS or in the Immigration Court - unless the asylum is granted. Winning an asylum is very difficult. Even with a meritorious claim, excellent evidence, and a competent attorney, there is no guarantee of success. Research statistics; the numbers will tell you more than I can. The price of losing is an order of removal (i.e., deportation), with all its brutal consequences. Further, only an asylum claim that is patently without any merit will be decided relatively quickly, within a year or two. A facially valid asylum claim can be realistically expected to be decided by an immigration judge 3 to 5 years from its filing. Your stated expectation to have you asylum denied at USCIS suggests that you do not have a real basis for it. You should know that filing a frivolous asylum application is a very serious immigration law violation that will be held against you in any other case you might ever file. At the very least, it will not endear you to the immigration judge who will decide any application for relief from deportation you might make. The bottom line: if you do not have a reasonable fear that you will be persecuted in your country for your race, ethnicity, political position, religious beliefs, or belonging to a particular social group, and that fear prevents you from returning home, filing for asylum is a very bad idea. Whatever your circumstances and objectives, there should be a solution within the confines of the law. It might take more time than you expected or require certain steps you would rather not take, but what matters is that it would work. And in finding such a solution, even a stratospheric IQ will not obviate the need for a deeper and more structured knowledge than can be gleaned in perusing web forums. Have some respect for our profession: lack of it is what provides us with bad cases.