Derivate Politcal Asylum & F1 Student Visa

helpjude

Registered Users (C)
Hi Gurus,

I have a situation here.
My wife came on F1 visa in Dec 2007 which is valid till Jan 2011. Her passport was from Pakistan & she was in Australia on Student Visa & she applied F1 from Australia
She had to leave the country back to Australia due to some issues in May 2008.
She is in Australia now in Valid Student Status.

I applied for Asylum in Feb 2009 and was approved in March 2009. My wife was in the application too.
I filed for travel document in July and hopefully will get them by September.
I also applied for derivative asylum this month but the texas center is still processing Dec '08.

Now reason for typing this mail is:

I want to get my wife to USA by the end of this year, when i go to Australia on Travel Documents.


The solutions I have in mind are:

1. As she has an expired SEVIS and no I-20, according to my knowledge she can come to the port of entry and claim asylum status. But how long they will take to release her is something i don't know. She is on my asylum application though. I don't know about the risks involved here.

2. I apply for a new I-20 and sevis record and get her in states & apply for change of status or get address changed on the derivative status application.



Please advise on both solutions, the pros and cons, which one is more practical?
Jay.
 
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