Derivate Asylum and F1 Visa

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helpjude

Registered Users (C)
My wife came on F1 to USA in December 2007 and had to leave due to family issues in May 2008 to Australia (her passport is Indian). Now she wants to come back to USA. My Asylum got approved in March 2010 and her application is pending for derivative status. What is the best way to get her to USA ASAP.
Her F1 is valid till Jan 2011.
Jay.
 
helpjude said:
My wife came on F1 to USA in December 2007 and had to leave due to family issues in May 2008 to Australia (her passport is Indian). Now she wants to come back to USA. My Asylum got approved in March 2010 and her application is pending for derivative status. What is the best way to get her to USA ASAP.
Her F1 is valid till Jan 2011.
Jay.
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You got approved in 2010? well, tell me what the dow jones average will be in March 2010 so that I can make some money. Thanks. :D
 
thankful said:
You got approved in 2010? well, tell me what the dow jones average will be in March 2010 so that I can make some money. Thanks. :D
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With the present government pipeline I won't be surprised if we see this past March levels. Just wait for them to vote on the crazy health-care plan and it might get even lower.
 
hehehehe, sometimes its fun to laugh at urself too.. excuse my typo
2010=2009.

Now can i get some genuine help in here?
 
F1 is valid till Jan 2011. But I don't want to get another I20. Because for that I will have to again pay SEVIS fee (about 400$) and then show bank statements again to a University to get I20 from them. At port of entry the officer will not let her enter...

QUOTE:
ice.gov/sevis/factsheet/100104ent_stdnt_fs.htm
Failure to comply with U.S. government entry-exit procedures may
result in your being denied entry to the United States. Under certain
circumstances, the CBP officer may issue a “Notice to Student or
Exchange Visitor” Form (I-515A), which authorizes temporary admission
into the United States. Work with your school to submit the proper
documentation without delay.


Keeping the above in mind, can she claim asylum at port of entry?
And yes, I-730 was filed just last week, and I want her here latest by the end of this year. I know I730 is back logged to Dec '08. When she comes here I can setup an infopass and get the address & other information corrected.
But the only goal for now is how to get her out of the airport?
 
negbegble said:
:)Well if her F1 is still valid and she has a valid I-20 she can re-enter with no problem. Remember USCIS is yet to approve your I-730 right?
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This is not correct and I speak from experience. Just because she has a valid visa in her passport doesnt' mean she can come and go as she pleases on her F-1 visa. If you take a leave of absence from an F-1 status and go home for family issues, you are considered out of status. The school is now obligated to report that through SEVIS. She will need to be issued a new I-20 by her school and show the intent that she is coming back to the US to study if she wants to enter using the F-1.

If she is going to be derivative, why would she apply for asylum at the POE? Is she also in danger of returning back to her country? Do you want her to be a principle asylee by herself even though you've already been approved? Also, if she is going to enter the US as a non-resident student, she has to show legitimate ties back to her home country. It's a requirement for USCIS to issue visas to people who have proven that they will not remain in the US. Since you are already here and are her HUSBAND and will be her sponsor, it might even cause further problems. You've already settled here in the US. I'd wait for the I730 to be approved.
 
Assylee,
Thanks for your insights, they are greatly appreciated.
I'll answer you questions, so that you better understand our case:
Yes, she is also in danger of returning back to country. It is stated in the asylum application too.
I don't want her to be prinicple asylee. What I had in mind was, as soon as she entered US and her asylum case started, I would schedule an appointment with infopass and make things in line as I have an A Number for her from my I730 receipt, they should be able to cooperate.

Another question is that if she claims asylum at the port of entry will they bar her from meeting me? This process is kind of vague to me. As far as illegality & legality is concerned, I think asylum itself is quite flexible when it comes to that. I was in F1 status when I applied for asylum & i had passed 2 years dead line too, but our case was so genuine, it got approved in 2 months.

Please shed some light!
 
As far as i know, asylum decision varies from officer to officer. Even the genuine case gets rejected. If i were you i would not suggest my wife to go through asylum procedure again; just wait until 730 gets approved.
If she already has valid F-1 visa, get I-20 from inexpensive school and enter states. Processing time for 730 has dropped down, so within first semester you should be relaxed. But if she doesn't have valid visa then they might not issue new visa since her petition is in progress.
 
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I went to the school she use to attend before, and the Designated School Official said that she wants some sort of medical reason which she can attach to the case and try to reinstate the F1 Visa which is invalid as my wife has been out of the country for over 5 months...
Please do refer to the link below and tell me what you conclude:
travel.state.gov/visa/temp/types/types_2941.html
 
Another quick question! Should she try to apply for Visit Visa? At least she can try and explain the situation to the officer! its worth a try? or you think spending 600$ on reinstating the F1 is better?, btw I just received my RTD today i got it in under 30 days.
 
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