News & Insights

1. Applying for an EB-2 Visa While Your Asylum Case is Pending

• Eligibility:
  • U.S. immigration law does not prohibit applying for multiple immigration benefits simultaneously. This means you can pursue an EB-2 visa while your asylum application is pending, provided you meet the qualifications for the EB-2 visa, such as possessing an advanced degree, exceptional ability, or an employer willing to sponsor you.
• Maintaining Status:
  • Your current immigration status is a key factor. While your pending asylum application gives you an "authorized stay" in the U.S., it does not qualify as a valid non-immigrant status (e.g., B1/B2 or F-1). This can affect your ability to adjust status within the U.S.
  • Adjustment of Status (AOS):
    • To adjust your status from within the U.S. (via Form I-485), you must currently hold a valid non-immigrant status. If your asylum application is the only status you hold, adjustment may not be possible, and you might need to consular process for the EB-2 visa abroad.
• Unlawful Presence Issues:
  • If you overstayed your original B1/B2 visa before filing for asylum, you may have accrued unlawful presence. This could complicate consular processing or adjustment of status. Consulting an immigration attorney is crucial to address these issues.

2. Withdrawing Your Asylum Application After EB-2 Approval

• Voluntary Withdrawal:
  • Once your EB-2 visa is approved, you can withdraw your asylum application. However, it's essential to ensure that your EB-2 visa process is finalized before taking this step to avoid being left without legal status in the U.S.
• Impact of Asylum Withdrawal:
  • No Fraud Findings: Ensure there are no allegations of fraud or misrepresentation in your asylum application, as this could impact your EB-2 case.
  • Timing: Do not withdraw your asylum application until your EB-2 petition is fully approved and, if applicable, your immigrant visa has been issued through consular processing or adjustment of status.