Family petition while pending asylum

abc098

New Member
I have pending asylum application with USCIS.

I also have relatives who can file I130 petion which may take years to get approved.

Assuming, if my case goes to immigration court. A judge can play out I130 petion that time and can put hold on deportation. Is that correct?

Is it worth filling I130?
 
It doesn't hurt to file I-130. But in most categories (other than spouse, parent, or unmarried under-21 child of US citizen) you need to be in status to do Adjustment of Status, so assuming you are not in status, a pending or approved I-130, even if a visa number has become available, would not help you avoid deportation.
 
Thank you for reply.

Let's say my current visa B2 status expires while waiting for interview on asylum.

Now, If an employer files for me H1B or R1, gets it approved, I go to country other than persecution for stamping visa in passport?

I was approved for change of status from F1 to H1B long ago but was not interested back then to stay in USA.
 
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