Legal Question in Immigration Law in New York

Hello

Currently, I am in a pending asylee status. My case is bona-fida and it's pending in the court for 3 years. I have a family petition that is current now under 2B category

Can I adjust in the front of the judge at this point ?

If I can't adjust , can I consular process the family petition ?

I have found that the law says:

"INA 212(a)(9)(B)(iii)(II) provides that no period of time in which an alien

has a bona fide application for asylum pending should be taken into account

when calculating the period of unlawful presence, unless during such period

the alien was employed in the United States without authorization. The

Department of Homeland Security (DHS) has determined that an application

for asylum that has an arguable basis in law or fact, whether or not

approvable, is a bona fide application for purposes of the exception set forth

U.S. Department of State Foreign Affairs Manual Volume 9 - Visas9 FAM 40.92 Notes Page 5 of 8

in INA 212(a)(9)(B)(iii)."

Will that give me the right to adjust status in US in front of the judge based on Family petition that becomes current ?

Thank you


Asked on 9/23/10, 7:58 am

1 Answer from Attorneys
Latangie Williams Law Office of Latangie Williams, P.A.

Yes, in some circumstances you can adjust in front of a judge. If your family based petition is approved before your asylum case is granted, go with that case and have your asylum case withdrawn. Are you currently in removal proceedings?

Read more
Answered on 9/28/10, 8:05 am


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