Advance Parole for Derivative Asylee - A different case
My spouse’s I-730 was approved in the year 2002 but some (possibly corrupt) Indian contract officer working in US Consulate refused issuing her visa on some false grounds. So my wife had to enter US without inspection, she got her first work permit because her I-730 still stood approved at that stage.
Now on the basis of Indian officer @ US Embassy’s recommendation, USCIS denied her I-730 which I contested while notifying them about my wife’s arrival in the US. Her I-730 petition was re-opened. To save herself from one year asylum issue, my wife had to file her own asylum application (based on her personal persecution) within one year of her arrival into the US.
Almost at the same time --- USCIS re-approved her I-730 in year 2004, but somehow IO mistakenly selected incorrect online status as >>
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending. (This wording is this still there even after two years and she never had any LUD afterwards).
We showed this approval (paper document) to asylum office supervisor and as per her advice we skipped asylum interview and instead visited a USCIS district office who issued my wife an I-94 with ‘Asylum Granted’ stamp. When we mailed copy of this I-94 to the concerned asylum office then they ‘administratively closed’ her asylum case (I assume that they must have verified it because her asylum case was never denied and never referred to any court---- simply ADMINISTRATEVELY CLOSED)
My wife’s Refugee Travel doc was approved which she never used. Her I485 is pending now. She is already done with her bio +RFI (medical etc).
Now my wife need to visit India alongwith our US Citizen Daughter because of some health emergency in our family back in India and she want to apply for Advance Parole to visit country of my persecution. Few of my friends’ spouses (who are also derivative asylee as my wife) have recently visited India and did not have any problem. One of them even told the IO at US port of entry that she is simply a derivative and her husband has/had problems and not her, she was given safe entry (all of these girls were originally inspected while entering first time in the US – means their entries were legal after their I-730 approvals).
Advance Parole Document (I-131-Page 3-Travel Warning) shows that if you have stayed over 180 days illegally or had an illegal entry – without inspection etc then you might not be allowed to re-enter. It shows that 'although advance parole may allow you to return to the US, your departure may trigger the three OR ten year bar, if you accrued more than 180 days of Unlawfull presence BEFORE the date you were considered to be in a period of authorized stay.
Please advice if my wife should pursue this advance parole to visit her sick mother knowing that her asylum case was never formally granted by any asylum office AND she entered without-Inspection AND her I730 status in USCIS system is still ‘Case re-opened’ instead of ‘Granted’
eventhough
she was issued first work permit in asylum granted class regardless of her illegal entry, Her I-94 shows 'Asylum Granted', her I-485 is in process, she has all other US docs
My spouse’s I-730 was approved in the year 2002 but some (possibly corrupt) Indian contract officer working in US Consulate refused issuing her visa on some false grounds. So my wife had to enter US without inspection, she got her first work permit because her I-730 still stood approved at that stage.
Now on the basis of Indian officer @ US Embassy’s recommendation, USCIS denied her I-730 which I contested while notifying them about my wife’s arrival in the US. Her I-730 petition was re-opened. To save herself from one year asylum issue, my wife had to file her own asylum application (based on her personal persecution) within one year of her arrival into the US.
Almost at the same time --- USCIS re-approved her I-730 in year 2004, but somehow IO mistakenly selected incorrect online status as >>
Current Status: Case reopened or reconsidered based on USCIS determination, and the case is now pending. (This wording is this still there even after two years and she never had any LUD afterwards).
We showed this approval (paper document) to asylum office supervisor and as per her advice we skipped asylum interview and instead visited a USCIS district office who issued my wife an I-94 with ‘Asylum Granted’ stamp. When we mailed copy of this I-94 to the concerned asylum office then they ‘administratively closed’ her asylum case (I assume that they must have verified it because her asylum case was never denied and never referred to any court---- simply ADMINISTRATEVELY CLOSED)
My wife’s Refugee Travel doc was approved which she never used. Her I485 is pending now. She is already done with her bio +RFI (medical etc).
Now my wife need to visit India alongwith our US Citizen Daughter because of some health emergency in our family back in India and she want to apply for Advance Parole to visit country of my persecution. Few of my friends’ spouses (who are also derivative asylee as my wife) have recently visited India and did not have any problem. One of them even told the IO at US port of entry that she is simply a derivative and her husband has/had problems and not her, she was given safe entry (all of these girls were originally inspected while entering first time in the US – means their entries were legal after their I-730 approvals).
Advance Parole Document (I-131-Page 3-Travel Warning) shows that if you have stayed over 180 days illegally or had an illegal entry – without inspection etc then you might not be allowed to re-enter. It shows that 'although advance parole may allow you to return to the US, your departure may trigger the three OR ten year bar, if you accrued more than 180 days of Unlawfull presence BEFORE the date you were considered to be in a period of authorized stay.
Please advice if my wife should pursue this advance parole to visit her sick mother knowing that her asylum case was never formally granted by any asylum office AND she entered without-Inspection AND her I730 status in USCIS system is still ‘Case re-opened’ instead of ‘Granted’
eventhough
she was issued first work permit in asylum granted class regardless of her illegal entry, Her I-94 shows 'Asylum Granted', her I-485 is in process, she has all other US docs
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