Q: EB2 NIW-When I applied for asylum, my visa was still active, would there be waivers, reconsiderations, or appeal options
I am seeking guidance on my EB-2 National Interest Waiver (NIW) application. Multiple attorneys have advised that consular processing is required, meaning I would have to leave the U.S. for a visa interview. However, this is not feasible due to my pending asylum application. Traveling under advanced parole carries legal risks that could jeopardize my status, making me unwilling to leave the country.
Despite consultations, I have not been offered any alternative solutions, such as waivers or reconsideration options, which I had hoped might apply to cases like mine. I am reaching out to any firm to explore if they have experience handling similar cases and can offer strategies that avoid consular processing or mitigate associated risks.
If your firm has successfully navigated cases like mine, I would be interested in scheduling a consultation.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Your situation presents complex immigration challenges that require careful consideration of both your asylum and NIW paths. While I understand your concern about consular processing risks, I want to share some important insights about your options.
Having applied for asylum while holding a valid visa status generally works in your favor, as it demonstrates you maintained lawful status. In NIW cases involving pending asylum applications, you might explore filing Form I-485 (Adjustment of Status) concurrently with or after your I-140 petition if you were inspected and admitted or paroled into the U.S. This could potentially help you avoid consular processing altogether.
Your reluctance to leave the U.S. is completely understandable, and you're right to be cautious about advanced parole. I recommend consulting with immigration attorneys who have specific experience handling concurrent asylum and employment-based cases, as they may identify alternative strategies based on recent policy updates or case law. It would be valuable to gather detailed documentation about your entry, visa history, and asylum application timeline to help attorneys evaluate all possible options for your case.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
