Legal Question in Immigration Law in Massachusetts
Asylum case
I have a pending asylum case that was initially submitted in Newark, NJ in 1993. In 2001, I have sponsored by my employer and have a pending I485 case in the Vermont INS office. I have changed my address in 2004 and send change of address form to Vermont office, which was accepted and have been corresponding with the Vermont office at my new address. I was just wondering if the change of address is also applied to Newark, NJ office where my asylum case is pending? What happened if the NJ office has already called me for interview and I didn't show up since I didn't get the inquiry letter? I heard that if one doesn't show up for such interview, the case could go against them. For an argument, If the NJ office decided to deport me, would I be safe the fact that I have a pending I 485 case through my employer? Would all these INS office exchange information as such change of address? Please advise?
1 Answer from Attorneys
Re: Asylum case
Your case presents many facts and complications, and there are some issues which are not clear.
One such issue is whether or not you were actually in some type of nonimmigrant status before your adjustment case was filed, what status was it, and when was it set to expire? If you were not in status, then you can not adjust to a different status, unless certain exceptions apply (you need to speak with an immigration attorney to see if you qualify).
Second, have you made all possible inquiries through the proper channels to determine the status of your pending asylum case, and what evidence do you have to show this (certified mail receipts, case status inquiries, previous attorney letters, etc.) A lot can be done if you did in fact make good faith, legitimate efforts to track, properly respond to, and maintain your asylum case.
At any rate, you should contact our office at (212) 618-1830 to schedule a consultation with one of our immigration attorneys.
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