I’ve heard asylum is currently suspended and they’re not accepting new applications. I’d like to apply just to have some kind of pending status while I wait, and at the same time apply for an EB-1. Has anyone done this — does it actually work?
I spoke with several lawyers about a similar strategy. They all say the same thing: if you filed for asylum while in lawful status and before the interview, you can later change status via EB-1A and just close the asylum case. Asylum is totally random — some people wait about 10 years, some 5 — so keeping it as insurance while pursuing the EB-1 makes sense.
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An important point here — a pending asylum application by itself doesn’t grant status. To later switch properly to an EB-1, the original visa must still be valid at the time the asylum application is filed. If the visa has already expired and your status rests only on the pending application, that’s a completely different situation and there can be problems with the status change.
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