Im currently an affirmative asylum seeker who entered in the US with a B1/B2 visa. My employer wants to sponsor me to give me the Green Card for employment trough PERM. The reason why my employers needs me with the Green Card is because He needs me to travel over seas. I know is hard but we had done some research and there are not too many US Citizens and permanent residents availables, with the knowledge and willing to do my type of jobs.
According to your experience can I succeed in this path and what happens to my asylum case?
This plan will unfortunately not work - simply because to be eligible to ultimately "adjust status" to "green card" in the USA one needs to have maintained valid non-immigrant status throughout the time it takes to file the PERM, get it approved, as well as the I-40 immigrant petition that subsequently needs to be filed with USCIS.
The Service does not tolerate any lapses in status - with you having entered the country in B-1/B-2 status, I assume that you either "fell out of status" before you applied for Asylum or in the alternative applied for Asylum while still in status and then used the Asylum based EAD, which as far as USCIS is concerned had the effect of violating the "visitor" status under which you were admitted into the USA.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 25 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
More information is necessary to be able to answer your questions. The answers will depend on whether you have been out of status while you asylum application is pending, and if so, whether you can qualify under section 245(i). Consult with an experienced immigration lawyer to evaluate your case in detail.
The information provided in this post should be construed for informational purposes only and is not legal advise or intended to establish an attorney/client relationship.
There is nothing in the immigration regulations which prohibits you from pursuing an asylum application and a PERM case at the same time. However, should you ever leave the US, you shall abandon your asylum application. I recommend you seek advice from an immigration attorney as to whether once the PERM is approved, you would be eligible to apply for adjustment of status versus whether you must undergo consular processing outside the US.
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