From Asylee To Wife Of Usc

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peanut30

Registered Users (C)
Hello there,

I would like if you guys share your ideas on this. I have applied for asylum in February 2006, got my interview in Miami. I was not granted and has been directed to the Immigration Court. My master hearing was on August 2nd, 2006. In July I got married to my USC husband and he filed for a petition a few weeks later. RD was August 20th and ND was August 24th on I-130, I-765, and I-485 applications. Since I did not have these receipts in my hand on the day of my master hearing, the judge has scheduled another master hearing in June, 2007. Right now, the relative petition is pending at the NSC. I got the RFE, which they have received back on October 27th. My work permit is overdue about 114 days from August 24th. I went to the local DO office with an Infopass and they no longer issue cards on site. I have also received a notice that my interview was "descheduled". I have never had any scheduled to begin with. With all these confusions I have called the National Customer Service and talked to an officer who believes that my case is held up because of the asylum paperwork being stuck in Miami. My question is: what does that have to do with the relative petition? I believe these are two separate cases.

Anyone could please advise what to do? I really need my EAD cards to start working. I have sent several requests for expediting the case.

Thank you for keeping up with my long and complicated story.
 
Did you came in the US illegally and applied for asylum? Because I know even your married a US citizen if your asylum is pending before an asylum immigration judge you will not entitle to adjust your family petition until you have been cleared first from your asylum case. I know how painfull it could be but do your best to win your asylum case
 
kathynagy

hi!

if u came to USA on visa and u applied asylum and now u married to US citizen,it should not be a problem. what happen once u get EAD,I-131 approved, u can close your asylum file any time. Did they assign any alien # in either case ?

good luck
gogi274
 
I know for fact when your case is in review by an immigration judge an immigration officer will not grant you the immigration benefit based on a family that you intended too.
 
No benefits for 8 months?

Thank you for your responses. No, I did not come to the US illegally. I maintained my status all the time.

How is it possible to not gain any benefits through a relative petition if I have a case pending in front of the Immigration Judge. She gave me another hearing in June, 2007. (So I can bring the receipts from the relative petition to show them to her and she will close the case)
Would this mean that meanwhile I cannot work or anything??? That is almost 8 more months!

Please, advise.
 
kathynagy said:
Thank you for your responses. No, I did not come to the US illegally. I maintained my status all the time.

How is it possible to not gain any benefits through a relative petition if I have a case pending in front of the Immigration Judge. She gave me another hearing in June, 2007. (So I can bring the receipts from the relative petition to show them to her and she will close the case)
Would this mean that meanwhile I cannot work or anything??? That is almost 8 more months!

Please, advise.
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Kathynagy: I am just curious: What will happen if you withraw the asylum application and you stick with your marriage based petition. In most cases, it is good idea to go through one route; doubel route will always have double questions. Since your master hearing is set june 2007, by then you will be able to get your marriage based petition go through. So I would advice that withdraw the asylum petition altogher if you have confidence in the marriage based petition.
 
Faysal,

Thank you for your advice. That is exactly what I am planning to do. However, I don't really understand why my EAD processing takes longer than 90 days (it is almost 120 days). Also, why was I "descheduled" on my marriage interview, if I did not get an appointment to begin with. Do you think the asylum case was causing this "mess"?

Thank you again for your expertise.
 
kathynagy said:
Faysal,

Thank you for your advice. That is exactly what I am planning to do. However, I don't really understand why my EAD processing takes longer than 90 days (it is almost 120 days). Also, why was I "descheduled" on my marriage interview, if I did not get an appointment to begin with. Do you think the asylum case was causing this "mess"?

Thank you again for your expertise.
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That could be a mistake by the them. In order to clear things, I suggest that you make an Infopass with them and ask them about that. They can give clear answer as to why EAD is taking long...I don't see any connection between the asylum and the other petition..
 
These two cases are not "separate." You are one person and you have only one immigration file. The fact that you are in deportation proceedings vastly complicates the situation for you. Did you get married after the asylum case was referred to court? You need to understand that the law has a presumption that that marriages of this kind are fraudulent and you need to rebut that presumption before they can move your case forward. Your petition will be denied if you do not overcome the fraud presumption. Again your situation is nowhere as easy you posts suggest. I strongly suggest that you obtain professional legal advice. Do not try to move forward with your own incomplete understanding of the legal implications. As info it has been demontrated empirically that the 800 customer service number has next to no value.
 
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I appreciate for your response, Thankful. It is very difficult to determine who is right in this case. That is my biggest problem that everyone says something different; NCS, posts etc... I definitely take your advice on seeking legal assistance.

thankful said:
These two cases are not "separate." You are one person and you have only one immigration file. The fact that you are in deportation proceedings vastly complicates the situation for you. Did you get married after the asylum case was referred to court? You need to understand that the law has a presumption that that marriages of this kind are fraudulent and you need to rebut that presumption before they can move your case forward. Your petition will be denied if you do not overcome the fraud presumption. Again your situation is nowhere as easy you posts suggest. I strongly suggest that you obtain professional legal advice. Do not try to move forward with your own incomplete understanding of the legal implications. As info it has been demontrated empirically that the 800 customer service number has next to no value.
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I have pretty much the same case except ewi

Hi Guys...
I Came In Usa As EwI( Entry Without Inspection) Applied For Political Asylum, interview With Immigration Officer They Send My Case To Immigration Court After 2 Years I Have Master Hearing In Last Year Of January. Same Time I Married To American Citizen . Applied For I-130 ,its Been Approved, Then I Apply For I-824 Its Been Approved And They Send My Approved Application To Nvc(national Visa Center) ,I Have To Send I-864 (affidavit Of Support) Now I Paid Nvc 70.00$ Fee And 380.00$ Fee ,and Now They send Me Ds-230 Part -1(application For Immigrant Visa And Alien Registration). And Next Month I Have Individual Hearing Date For Removal Proceedings In Immigration Court... Is There Any Way I Can Terminate The Case From The Court??would That Be Right Thing To Do.? if So What Do I Have To Do To Terminate The Case???do I Have To Fill The Forms Or Something Like That To The Court .I don’t Have Much Time Left To Do So Its In Next 24 Days. Can anyone Please Suggest Me What Do I Have To Do I Will Be Greatly Appreciated...thanks And I have a baby due anytime now.
 
navminhas said:
Hi Guys...
I Came In Usa As EwI( Entry Without Inspection) Applied For Political Asylum, interview With Immigration Officer They Send My Case To Immigration Court After 2 Years I Have Master Hearing In Last Year Of January. Same Time I Married To American Citizen . Applied For I-130 ,its Been Approved, Then I Apply For I-824 Its Been Approved And They Send My Approved Application To Nvc(national Visa Center) ,I Have To Send I-864 (affidavit Of Support) Now I Paid Nvc 70.00$ Fee And 380.00$ Fee ,and Now They send Me Ds-230 Part -1(application For Immigrant Visa And Alien Registration). And Next Month I Have Individual Hearing Date For Removal Proceedings In Immigration Court... Is There Any Way I Can Terminate The Case From The Court??would That Be Right Thing To Do.? if So What Do I Have To Do To Terminate The Case???do I Have To Fill The Forms Or Something Like That To The Court .I don’t Have Much Time Left To Do So Its In Next 24 Days. Can anyone Please Suggest Me What Do I Have To Do I Will Be Greatly Appreciated...thanks And I have a baby due anytime now.
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Your USC wife will NOT be able to adjust your status... you entered the US without inspection, therfore u r not elegible to adjust ur status thru ur wife... the law clearly says that...

On the other hand, the only way you can adjust ur status and be "forgiven" from ur illegal entry into the country is thru asylum...

Do not terminate ur case in court, if u do... ur are wasting the only chance to adjust ur status... hopefully they will approve it...

good luck
 
but NVC CAN APPROVE MY CASE??

ccordova624 said:
Your USC wife will NOT be able to adjust your status... you entered the US without inspection, therfore u r not elegible to adjust ur status thru ur wife... the law clearly says that...

On the other hand, the only way you can adjust ur status and be "forgiven" from ur illegal entry into the country is thru asylum...

Do not terminate ur case in court, if u do... ur are wasting the only chance to adjust ur status... hopefully they will approve it...

good luck
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YES I AGREE WITH YOU BUT..ONCE NVC APPROVE MY I-864,DE-230 PART 1 IF THOSE BEEN APPROVED..THEY GONNA SEND MY CASE TO THE INDIAN CONSULATE (EMBASSY) AND THEY GOINNA HAVE MY INTERVIEW THAT ONLY HAPPEN IF THE NVC APPROVE THE I-864 AND DS-230 PART1 ..AND THEN IAM GOONA HAVE INTERVIEW AT MY COUNTRY OF ORIGIN FOR THAT I HAVE TO LEAVE USA. AND GIEV INTERVIEW THERE AND GET VISA FROM THER AND MAKE A LEGA;;Y ENTRY IN USA...IS THAT RIGHT THING TO DO DSO U HAVE NAY IDEA ..THANKS IN ADVANCE FOR UR HELP...
 
navminhas said:
YES I AGREE WITH YOU BUT..ONCE NVC APPROVE MY I-864,DE-230 PART 1 IF THOSE BEEN APPROVED..THEY GONNA SEND MY CASE TO THE INDIAN CONSULATE (EMBASSY) AND THEY GOINNA HAVE MY INTERVIEW THAT ONLY HAPPEN IF THE NVC APPROVE THE I-864 AND DS-230 PART1 ..AND THEN IAM GOONA HAVE INTERVIEW AT MY COUNTRY OF ORIGIN FOR THAT I HAVE TO LEAVE USA. AND GIEV INTERVIEW THERE AND GET VISA FROM THER AND MAKE A LEGA;;Y ENTRY IN USA...IS THAT RIGHT THING TO DO DSO U HAVE NAY IDEA ..THANKS IN ADVANCE FOR UR HELP...
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Thats true, if the NVC approves the petition; HOWEVER, you will have to go back to India to get the visa and interview.

When you leave the USA, and since you have been illegal in the country you will be BAN from re-entry into the US for 10 years. In other words, if you leave, you are banned to come back. There are thousands of cases just like you, that they leave to get their interview abroad and they can't come back.

On top of all that you are going back to you COP (country of persecution), and that could add more trouble to you spouce petition.

My best advice, hire a lawyer... I know its expensive, but look for non-profit organizations and pro-bono lawyers... you may have a chance if you do it the right way...
 
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navminhas said:
YES I AGREE WITH YOU BUT..ONCE NVC APPROVE MY I-864,DE-230 PART 1 IF THOSE BEEN APPROVED..THEY GONNA SEND MY CASE TO THE INDIAN CONSULATE (EMBASSY) AND THEY GOINNA HAVE MY INTERVIEW THAT ONLY HAPPEN IF THE NVC APPROVE THE I-864 AND DS-230 PART1 ..AND THEN IAM GOONA HAVE INTERVIEW AT MY COUNTRY OF ORIGIN FOR THAT I HAVE TO LEAVE USA. AND GIEV INTERVIEW THERE AND GET VISA FROM THER AND MAKE A LEGA;;Y ENTRY IN USA...IS THAT RIGHT THING TO DO DSO U HAVE NAY IDEA ..THANKS IN ADVANCE FOR UR HELP...
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NVC does not exactly "approve" cases. Look, immigration law is very confusing and your have an unusual case. You only risk making a fatal mistake if you are trying to do this yourself. Get an attorney.
 
Answers to Peanut

Hi Everyone,

I had the same case, I came 6 years ago to US, I applied for asylum, one year later I got married to GC holder, the judge was posponing my hearing till my wife became a USC, I had pending asylum case (deportation processing), two months ago the INS attorney asked my lawyer to apply for adjustment of Status (I-485) at Texas center, we did apply, we got the receipt notice, two weeks later I received notice for fingerprinting. Couple days ago, I went to the court again, the judge decided to terminate proceedings (deportation) and to submit a copy of I-485 package to him and to INS attorney, my lawyer asked me to wait for an interview.
The only problem I have it now it work permit, since the Judge close the asylum case, I can not apply for it based on asylum case, I applied last week for work permit based on I-485, my old one is going to expire, folks any ideas, I sent expedite request letter last week, but no response, my company a asking me to submit a new work permit card otherwise I loose my job, I have two US born children, I support my family, I pay mortgage.

Please your helllppp!!
 
LIRAG said:
Hi Everyone,

I had the same case, I came 6 years ago to US, I applied for asylum, one year later I got married to GC holder, the judge was posponing my hearing till my wife became a USC, I had pending asylum case (deportation processing), two months ago the INS attorney asked my lawyer to apply for adjustment of Status (I-485) at Texas center, we did apply, we got the receipt notice, two weeks later I received notice for fingerprinting. Couple days ago, I went to the court again, the judge decided to terminate proceedings (deportation) and to submit a copy of I-485 package to him and to INS attorney, my lawyer asked me to wait for an interview.
The only problem I have it now it work permit, since the Judge close the asylum case, I can not apply for it based on asylum case, I applied last week for work permit based on I-485, my old one is going to expire, folks any ideas, I sent expedite request letter last week, but no response, my company a asking me to submit a new work permit card otherwise I loose my job, I have two US born children, I support my family, I pay mortgage.

Please your helllppp!!
Click to expand...

We need more info. Did you entered the country legaly or illegaly? Did the service center sent your interview abroad? Are you schedule for an interview based on your marriage?

If you enter the country illegaly, the chances for you to adjust your status in the US are almost zero, even if you have US citizen children. On the other hand, if you entered legaly to the US, called CIS, sent them another letter, make an infopass appointment... or hire a lawyer....

good luck
 
Did U Enter Legal Or Illegal

Most Importent Question Is Did U Enter Legal Or Illegal That Make Whole The Diffrence...if U Plz Let Me Know That Make My Life Whole Ot Easy Plz ...
 
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