回複：請教各位高手：EB3 485 pending能否再申請政治庇護

來源: sdfsdfsdff 於 2009-06-15 08:33:31 [] [舊帖] [給我悄悄話] 閱讀數 : (709 bytes)

first, if you arrived in US over 1 year ago, you won;t get assylum approval, you can still apply for I-589 and all the process is the same, but if approved, it's not assylum (which is a GC category and currently exact one year to be eligible for AOS during the quota relief period), it will only be witholding of removal (not a GC category, you must use other GC eligiblity category to adjust, but you have temporary residency indefinitely) if you file after arriving more than a year ago.
second, assylum or withholding removal invloves court proceedings, failure usually leads to removal enforced by ICE unless the judge dismisses without prejudice and you have a valid dual-intent non-immigrant status.

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