Dual filings

C

Cuore

New Member
I'm new to this thread and would appreciate if someone can explain:

My sister was granted asylum in Sept. 2000 and after a year she has filed for adjustment of status based on asylum (Priority Date Oct. 2001). Her Asylum based I-485 is still pending and her estimated time for obtaining a green card will be sometime between 2009-2010.
My sister now married and currently is living abroad.

Our mother recently obtained (October 2004) her US citizenship and she is now thinking about sponsoring my sister and her husband by filing Petition for Alien Relative I-130 so that her husband can "ride" along with that I-130 Visa Petition. It may take longer to obtain permanent residency, but at least they will both obtain their residency at the same time.

Now my question is: What will happen to her Asylum Status once the I-130 Petition is filed for her by our mother? Will she continue having that status until the I-130 is adjudicated?

Any input will be very much appreciated.THanks
 
Hello,

It is OK to have two I-485 pending. Your sister’s asylum status won’t change just because her mother filed I-130 for her.
However, she might have a problem keeping her asylum status since she resides outsides US now.

We have a political asylum forum here. I advise you to search for more information there:
http://www.immigrationportal.com/forumdisplay.php?f=37
 
Thank you Peach for your input.

I have already searched the asylum threads but wasn't able to find any info related to this.
Now will it be more advisable for my mother to file the petition for my sister as an alien living inside the US or outside the US. If she files for her as an alien living abroad then is it mandatory to provide (my sister's) SSN and Alien Registration Number in Part C. Information about your relative of I-130 Form?

Thanks again
 
Your mom has to put your sister’s current address on the petition.
There is a strait question in I-130 “if the relative for whom the petition is filed is living in US or abroad?”
There is also a question – “had she ever been in USA?” and place where she will file for adjustment (it’s either local office in US, or American embassy or consulate abroad, where she lives).
Also, when your sister files her second I-485, one of the questions on that form would be: “have you ever applied for a green card before, if yes then where and when and what happened” Your sister will have to explain her previous application in her new petition and during the adjustment interview.
Furthermore – if she applied for an asylum as principal applicant, then she was already fingerprinted and there is no way you can trick INS thinking she was never here, especially if she already has a pending application!
Yes – your mom must write your sister’s current address overseas, SS and A number on I-130.
 
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