Q: I 94 DT ended. I filed Form 589. Currently there is no legal status. Can I get approved for an EB1A visa?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Based on the information you provided, it seems that your I-94 (Arrival/Departure Record) and DT (Deferred Inspection) have ended, and you have filed Form I-589 (Application for Asylum and for Withholding of Removal). Currently, you don't have a legal status in the United States.
Regarding your question about getting approved for an EB1A visa, here are a few key points to consider:
1. EB1A (Employment-Based First Preference, Extraordinary Ability) is a category for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. To qualify, you must demonstrate sustained national or international acclaim and recognition for achievements in the field of expertise.
2. Filing an asylum application (Form I-589) does not automatically make you eligible for an EB1A visa. The requirements for asylum and EB1A are different and evaluated separately.
3. If you meet the high standards for an EB1A visa and can provide strong evidence to support your case, you may be able to apply for it. However, not having a current legal status can complicate the process.
4. It is highly recommended that you consult with an experienced immigration attorney who can assess your specific situation, qualifications, and the potential impact of your pending asylum application on your eligibility for an EB1A visa. They can provide you with personalized guidance and help you navigate the complex immigration system.
Remember that the EB1A category has stringent requirements, and the burden of proof lies on the applicant to demonstrate their eligibility. A thorough evaluation of your case by a qualified immigration attorney is crucial to determine the best course of action for your situation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
