my friends is a couple, the husband is a principal asylee with ND 04, because of some of personal reasons, the husband applied I-730 for his wife in 2005 and have not got any result from USCIS. for USCIS speed up approving I-485 for asylum, if the husband get approval before USCIS adjudicate I-730 of his wife, it is possible that USCIS reject the I-730 because the husband has been a permanent resident not a principal asylee.
a special case about derivative asylee. need help.
- Thread starter freemanmo
- Start date
freemanmo said:
I think we have a frequent contributor on this board who is in the exact same situation.
I am not sure, but I don't think the I-730 will be rejected because the principal asylee becase a permanent resident. But one thing to note: there is now a quota (for lack of a better word) for I-730 approvals because a visa number has to be available from the department of state. I believe the timeline is now 4-5 years for that. So your friend might become a US citizen and bring the wife in as a spouse of citizen before the I-730 gets approved
There is also talk about allowing GC holders to bring in their spouses under some new category. I dont know the latest status on that.
Bottom line: tell your friend not to worry
There is no reason to worry. The I-485 approval will have no impact on the I-730 processing. The I-730 can be filed by either an asylee or a former asylee who is a now a permanent resident. It does not matter. Nor is there any quota for asylum-based I-730s.
I am assuming that the I-730 was submitted to the USCIS within two years of your asylum approval.
I am assuming that the I-730 was submitted to the USCIS within two years of your asylum approval.
thank you for your input, floyd. my friend's wife is in USA right now. they have a daughter in high school, without legal document, the wife can't find a job, they have to pay much high college tuition for the daughter. the waiting of 4,5 years will be a long nightmare to them even though the husband gets green card.
Floyd,
I think you are mistaken I-730 does not have a quota system. Unless this is something new as I just received my daugther's approval last month and I filed her I-730 in 2005.
Freemano has your friend applied the I-730 for the daughter.
Also if your friend has applied the I-730 for the wife in 2005 hopefully you should get it by this year.
Ed
I think you are mistaken I-730 does not have a quota system. Unless this is something new as I just received my daugther's approval last month and I filed her I-730 in 2005.
Freemano has your friend applied the I-730 for the daughter.
Also if your friend has applied the I-730 for the wife in 2005 hopefully you should get it by this year.
Ed
eddie_240 said:
I stand corrected. I thought this required a visa number to become available (which is finite per year per country) but I was wrong.
By the way, Freemanmo, when was your friend granted asylum? If it was more than 2 years before he applied for the I-730, it will probably be denied.
Floyd
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One of my friend's I-730 was recommended for denial by Visa Issuing officer in US Consulate. Application arrived back to USCIS office, which sent 'Intent to denial' letter to my friend in US. He even submitted the rebuttal but they denied it by saying that they did not receive any thing. In the mean time he became a PR.
He challenged the USCIS decision with a proof of his rebuttal delivery to USCIS. Now his I-730 was approved afresh. His AOS did not make any difference.
He challenged the USCIS decision with a proof of his rebuttal delivery to USCIS. Now his I-730 was approved afresh. His AOS did not make any difference.