I-730 / Ead

[The.Walker]

I was wondering if somebody could enlighten me on the grounds on which an I-730 application can be denied. I've come across a few people in the group who've stated that they got their I-730 denied on a few instances at first then eventually got approved.

Also, can anybody please tell me if there's any basis on which an I-730 applicant ( I mean the one who's seeking the derivative asylum ) can get a working permit. Like I've already mentioned before, I had received via economic hardship Employment Authorization ( for which I cited my dad's pending recommended approval situation ) but when I applied after the expiration of the card, I got denied this time. I'm a junior in college now and with the summer a few months away, I'm running out of time and I fear that I might miss out on elusive internship opportunities related to my majors because I don't have an Employment Authorization Card. How could I apply for an EAD card? Do I have any other ways of getting it except for reapplying the economic hardship?

 

[thankful]

Responding to your second question, you already asked this before. The answer is no you do not get an EAD because you have a pending I-730. The law does not provide for it.

 

[ykasumov]

I was wondering if somebody could enlighten me on the grounds on which an I-730 application can be denied. I've come across a few people in the group who've stated that they got their I-730 denied on a few instances at first then eventually got approved.

Also, can anybody please tell me if there's any basis on which an I-730 applicant ( I mean the one who's seeking the derivative asylum ) can get a working permit. Like I've already mentioned before, I had received via economic hardship Employment Authorization ( for which I cited my dad's pending recommended approval situation ) but when I applied after the expiration of the card, I got denied this time. I'm a junior in college now and with the summer a few months away, I'm running out of time and I fear that I might miss out on elusive internship opportunities related to my majors because I don't have an Employment Authorization Card. How could I apply for an EAD card? Do I have any other ways of getting it except for reapplying the economic hardship?

Basically, I-730 might be denied in the following cases:
1-proof of relationship is not solid such as documents / translation of mariage certificate is not good, documents do not pass USCIS standards, etc.
2-if one is otherwise uneligible for immigration benefits such as failure to pass fingerprint / name check, etc.
If relationship is genuine and documents are satisfactory and name / background checks have been successfuly completed, there is no reason for USCIS to deny I-730.

 

[The.Walker]

Thank you for the response. Well I've come across a lot of people who've said that their children's cases got denied ( I-730 ) once or twice....and they eventually got it and that's the reason why I was wondering..that's all. Mine was filed last may and I'm still waiting for the approval. Hopefully I'll get approved before I get done with college ( next May ) ..that'd be quite timely...and perfect

 

[ykasumov]

Thank you for the response. Well I've come across a lot of people who've said that their children's cases got denied ( I-730 ) once or twice....and they eventually got it and that's the reason why I was wondering..that's all. Mine was filed last may and I'm still waiting for the approval. Hopefully I'll get approved before I get done with college ( next May ) ..that'd be quite timely...and perfect

In your case since you qualify as dependent child (not spouse) you might want to check further whether there are any age restrictions for qualifying (like say 23 years old for insurance purposes, for instance).
Living in the same household as parents might be another big issue. If you move out, USCIS might look unfavorable....
Otherwise, I-730 for derivative children should be processed faster and with les problems as spousal ones.

 

[The.Walker]

In your case since you qualify as dependent child (not spouse) you might want to check further whether there are any age restrictions for qualifying (like say 23 years old for insurance purposes, for instance).
Living in the same household as parents might be another big issue. If you move out, USCIS might look unfavorable....
Otherwise, I-730 for derivative children should be processed faster and with les problems as spousal ones.

Well, I came here to the states in 2005 to pursue my undergraduate degree. My dad came almost a year later...but his case got a recommended approval ( I was 19 back then ). He got his final approval earlier last year and he filed my I-730 in May 2007 ( I had already turned 21 then and I just turned 22 )...and I'm hoping that I'll get approved before I graduate.. which is ( graduation )14 months away..


I've learnt a lot of things about this after finding this forum...but it gets confusing all the time. There was a time when one of the folks in here told me that I couldn't get a derivative asylum because I was already 21 when my dad filed the I-730 and even the operator said the same..but after doing some research, I found that I was protected by the child protection act....I've already had my biometrics done ...and since I have quite a unique name ( and surname too..even in my country of origin ) ...name shouldn't have been an issue. I'm just a little impatient I guess which forces me to keep pondering what's posing as a barrier for full approval... I feel like asking the questions related to in-state tuition and all that but I wanna make sure that I get approved first...because I really don't wanna make a fool outta myself if some mishap took place..!

 

[ykasumov]

Well, I came here to the states in 2005 to pursue my undergraduate degree. My dad came almost a year later...but his case got a recommended approval ( I was 19 back then ). He got his final approval earlier last year and he filed my I-730 in May 2007 ( I had already turned 21 then and I just turned 22 )...and I'm hoping that I'll get approved before I graduate.. which is ( graduation )14 months away..


I've learnt a lot of things about this after finding this forum...but it gets confusing all the time. There was a time when one of the folks in here told me that I couldn't get a derivative asylum because I was already 21 when my dad filed the I-730 and even the operator said the same..but after doing some research, I found that I was protected by the child protection act....I've already had my biometrics done ...and since I have quite a unique name ( and surname too..even in my country of origin ) ...name shouldn't have been an issue. I'm just a little impatient I guess which forces me to keep pondering what's posing as a barrier for full approval... I feel like asking the questions related to in-state tuition and all that but I wanna make sure that I get approved first...because I really don't wanna make a fool outta myself if some mishap took place..!

Although I-730 states that it is for children under 21, CSPA covers you as far as I understand it.
I have attached USCIS memo on the application of child protection law to asylees and refugees.
Read it carefully and consult with immigration attorney in case of any problems.

 

[The.Walker]

Although I-730 states that it is for children under 21, CSPA covers you as far as I understand it.
I have attached USCIS memo on the application of child protection law to asylees and refugees.
Read it carefully and consult with immigration attorney in case of any problems.

Thanks for the attachment! It's pretty informative.