First, you need to get the appeal filed on time. Otherwise, everything else will be more difficult. Second, it is strange that the lawyer did not inform you about the court decision, and this makes me suspicious about the lawyer (though it may be fine – maybe the lawyer was on vacation or had some other issue). At least I would want an explanation from the lawyer about what happened. In terms of the I-130, if you entered the US legally and married a US citizen, you would normally be able to adjust status (get your GC in the US), though there are circumstances where that is not possible. I wrote about this on August 8, 2018 and August 28, 2018, but you would need to have a lawyer review the specifics of the situation to know for sure. In your case, at a minimum, it sounds like the lawyer did not explain much to you, and so maybe you need to talk to another lawyer. Finally, whether you can apply for Cancellation depends on many factors – you would need to have 10+ years in the US before the court case is initiated (though there is an exception to this rule, if the Notice to Appear – the document you got when the court case began – is defective, meaning it does not indicate the day and time for the first court hearing), you would need to show that your US citizen or green card spouse, parent or child would suffer extreme hardship if you are deported, and you would need to show that you have good moral character. Again, you would need to talk to a lawyer about this to evaluate eligibility. In your situation, I think you need to get the appeal filed, and then maybe talk to a different lawyer for a second opinion about how to proceed. Take care, Jason

Hi Jason,

I trust all is well. I’m not sure if my lawyer is helping my situation. The IJ denied my asylum and we are going to appeal. However, I found out about it by checking online a week later on the EOIR website by myself which means we only have 3 weeks now. While I still have a pending I-130, my lawyer is stating that it is impossible for me to adjust my status in the US; I will have to leave the country for a consular appointment. I entered legally as a student and filed asylum within a month. Would you please advise if this is correct? Also, can we apply for a cancellation of removal so that I can focus on adjusting my status through marriage? The petition has been pending for 2 years.

You have to check this website: http://www.uscis.gov/g-1055?form=i-765. The fee varies whether you file online or whether this is a first time application or a renewal. For most people, renewing an EAD based on asylum pending is $520 if filed by mail or $470 if filed online. Take care, Jason

Thank you in advance!

If you mean a Refugee Travel Document, that is usually taking more than a year. If you have a pending asylum case, you need Advance Parole and that also takes more than a year in most cases. You can try to expedite these, and I wrote about expediting in general on January 29, 2020. If you have an RTD, you should be able to use that instead of a passport, though not all countries accept it. For AP, you need to use your passport and the AP acts like a visa and allows you to re-enter the US. Take care, Jason

I applied for a travel document, how long does it usually take if biometrics weren’t needed? Also curious as an asylee is it considered travel parole or refugee document? Also would I need a passport to travel or as an asylee the travel document is sufficient?

Thanks so much!!

You can apply. Double check the Special Instructions on the I-589 web page at http://www.uscis.gov to be sure about where to file the case. Whether you have a good chance for success depends on the case, but certainly, you will need to explain why you left and returned to your country, and also how you lived there safely. You will also need to explain what changed that now makes it unsafe for you to return. This situation sounds a bit complicated and it may be a good idea to talk to a lawyer about the specifics of the case and how you will address these (and any other) issues. Take care, Jason

You can, though of course, you would need to explain the return trip, why you went, why you thought you would be safe, and what changed that you now need asylum again. Also, double check where you file the case. I think you file normally, but check the Special Instructions on the I-589 web page at http://www.uscis.gov just to be sure. You may need to file at the Asylum Vetting Center in Atlanta, GA. Take care, Jason

Family emergency