I-730 family petition revoke

[jonny1]

plls give truthful and accurate answers only if you know what the answer really is.

Please refrain from giving information that is inaccurate. Thanks.

thankful, Why are you saying i am giving him inaccurate information? I can't simply say dont worry this and that with sympathy attitude like you do?
his situation is not good but simply sympathaizing won't help him. we should give each other truthful informations and answers so we will all know the facts and truth and give best options how to deal.
simply saying, no, dont worry, nothing will happen to you is just a sympathetic answers and not something he should know to deal with.
look at USCIS forms where it says continued relationship with the petitioner. if he already got GC, then there is hardly anything she can do to harm his residency but until then, he has to prove his relationship with her. if she acts cruel and notifies USCIS of their broken relationship, he might have rough time with the status.
Truth is not always sympathetic but at least it's a true.
so thanful, s much as you sound good, thats not enough lets give true answer whether they sound bad or good.

I ask VALERA to log on to lawyers.com site. register there and go to discussion forum, select immigration and post your questions there and within days, an immigration attorney will respond to your situation or concern and give you factual answer and will advice you what is best for you. you don't have to belive 100% with us, there you will get a factual answer from a real expert immigration attorney. you dont have to pay for this site. it's for public.

 

[Raziel]

As a general rule ... "We take no responsibility for accuracy of information provided. Please use at your own risk." this is the forum disclaimer "it's written above in bold font"

-must always double check any info in forums.
-read all opinions.
-must ask a lawyer "more than one" because lawyers do mistakes too... they are not gods.
- visit USCIS website... call them... or go by person

I got information and advices from immigration.com that cleared my path more than the info from my lawyer

I ask VALERA to log on to lawyers.com site.

what will be the difference? do lawyers.com give the correct answer? it could be an addition only

If I were in valera77 place I would study all the opinions here in this post then I will go to lawyer(s) and immigration office and discuss the issue

WITHOUT THESE INFO HERE HE MIGHT NOT HAVE A GOOD DICUSSION

 

[thankful]

thankful, Why are you saying i am giving him inaccurate information? I can't simply say dont worry this and that with sympathy attitude like you do?
his situation is not good but simply sympathaizing won't help him. we should give each other truthful informations and answers so we will all know the facts and truth and give best options how to deal.
simply saying, no, dont worry, nothing will happen to you is just a sympathetic answers and not something he should know to deal with.
look at USCIS forms where it says continued relationship with the petitioner. if he already got GC, then there is hardly anything she can do to harm his residency but until then, he has to prove his relationship with her. if she acts cruel and notifies USCIS of their broken relationship, he might have rough time with the status.
Truth is not always sympathetic but at least it's a true.
so thanful, s much as you sound good, thats not enough lets give true answer whether they sound bad or good.

I ask VALERA to log on to lawyers.com site. register there and go to discussion forum, select immigration and post your questions there and within days, an immigration attorney will respond to your situation or concern and give you factual answer and will advice you what is best for you. you don't have to belive 100% with us, there you will get a factual answer from a real expert immigration attorney. you dont have to pay for this site. it's for public.

Once again I ask you not to spread false information that can mislead and scare people. Where exactly does the USCIS say that asylum status will be revoked upon divorce from the principal? On the contrary, USCIS policy states that "once asylum status is granted, an indiviual does not lose asylee status even if the principal/dependent relationship ends unless the USCIS or the EOIR formally terminates asylum." The grounds for formally terminating asylum are spelled out in Section 208.24(a) of Title 8 of the Code of Federal Regulations. Divorce from the principal is not a ground for terminating asylum--anyone can read that section.

To reiterate, after derivative asylum status has been granted, the derivative will not lose asylum status if there is a divorce.

The divorce will come up when the person applies for residence. But as another poster has related, this does not present an insoluble problem just one more loop to jump through.

 

[jonny1]

lawyers.com is a very big website. its a site where you look for lawyers around the US/ al types of lawyers for any types of law including immigration matters.

there is a discussion section, where you can post your question and you will get a respond . it's a public law question and answer forum site.
on immigration topic, you will see hundreds of Q&A. the Qs are from people like us and answers are given by expert attorneys.

so unlike what RAZIEL says, there sure is a difference when you ask your immigration matters to an expert immigration licensed authroties and asking us.

Razial, very wrong to say no difference who you ask, will you say you will go to a judge without alawyer or urself is same and no difference?

thie forum is very good , very informative and real information from asylees but when you have complicated matters like VELERA does and people giving different answers like THANKFUL and I are doing, best and correct answer you can get to solve this is from immigration attorney.

Thankful, you said nothing will happen unless USCIS terminates his asylee status cos once he gets asylee status thru his petitioner it is like a final, now USCIS don't go around terminate people's earned status and only if there is a suspision or fraud found.

You should know that if the petitioner notifies the USCIS of their broken relationship, USCIS will act cos this is explained in all forms where it says principle applicant and beneficiary should maintain continued relationship.
I have said unless USCIS is notifies of this, his status won't be harmed.
so thankful, you are bit confused yourself on what to say and basically you agree with me.
I also have this expereince and here is a story, cos my sister included her husband and kids in her application, got approved, filed I-730 for her husband and kids, after like one year, her husband back there in country marries another wife which is a poligamy and unlawful and wrong, she sends a letter asking them to withdraw or terminate his application, USCIS responds and says his application is terminated, her kids recives approval letters and called to US embassy and came to US as derivative asylee, not him.

so whether in US or back there, if the principle applicant says we are broken up to USCIS, USCIS is very likely to terminate their beneficiary or in this case his status as the law requires continued relationship with the principle petitioner or applicant.
IF they dont notify the USCIS of their broken relationship and act like their are still in relationship on the forms, no reason for USCIS to terminate and nothing should happen to him.

 

[thankful]

lawyers.com is a very big website. its a site where you look for lawyers around the US/ al types of lawyers for any types of law including immigration matters.

there is a discussion section, where you can post your question and you will get a respond . it's a public law question and answer forum site.
on immigration topic, you will see hundreds of Q&A. the Qs are from people like us and answers are given by expert attorneys.

so unlike what RAZIEL says, there sure is a difference when you ask your immigration matters to an expert immigration licensed authroties and asking us.

Razial, very wrong to say no difference who you ask, will you say you will go to a judge without alawyer or urself is same and no difference?

thie forum is very good , very informative and real information from asylees but when you have complicated matters like VELERA does and people giving different answers like THANKFUL and I are doing, best and correct answer you can get to solve this is from immigration attorney.

Thankful, you said nothing will happen unless USCIS terminates his asylee status cos once he gets asylee status thru his petitioner it is like a final, now USCIS don't go around terminate people's earned status and only if there is a suspision or fraud found.

You should know that if the petitioner notifies the USCIS of their broken relationship, USCIS will act cos this is explained in all forms where it says principle applicant and beneficiary should maintain continued relationship.
I have said unless USCIS is notifies of this, his status won't be harmed.
so thankful, you are bit confused yourself on what to say and basically you agree with me.
I also have this expereince and here is a story, cos my sister included her husband and kids in her application, got approved, filed I-730 for her husband and kids, after like one year, her husband back there in country marries another wife which is a poligamy and unlawful and wrong, she sends a letter asking them to withdraw or terminate his application, USCIS responds and says his application is terminated, her kids recives approval letters and called to US embassy and came to US as derivative asylee, not him.

so whether in US or back there, if the principle applicant says we are broken up to USCIS, USCIS is very likely to terminate their beneficiary or in this case his status as the law requires continued relationship with the principle petitioner or applicant.
IF they dont notify the USCIS of their broken relationship and act like their are still in relationship on the forms, no reason for USCIS to terminate and nothing should happen to him.

You are missing a major point. There is a BIG difference when a person is a mere beneficiary of an I-730 and when someone has been accorded asylee status as a result of an I-730 approval. When the beneficiary is already in the United States the person becomes an asylee on the date the I-730 is approved. On that date the person ceases being a beneficiary and is an asylee. When the person is abroad when the I-730 is approved, the person remains a beneficiary until the day the person enters the United States. So repeating the story about your family where the person was never an asylee but was a beneficiary of an approved I-730 does not advance this discussion.

 

[Raziel]

Razial, very wrong to say no difference who you ask,

"each one has his own weight"

will you say you will go to a judge without alawyer or urself is same and no difference?

did I say that?

Lawyers make mistakes too "or not?" that's what I said ... but they really have "magic" effect in court

You are missing a major point. There is a BIG difference when a person is a mere beneficiary of an I-730 and when someone has been accorded asylee status as a result of an I-730 approval. When the beneficiary is already in the United States the person becomes an asylee on the date the I-730 is approved. On that date the person ceases being a beneficiary and is an asylee. When the person is abroad when the I-730 is approved, the person remains a beneficiary until the day the person enters the United States. So repeating the story about your family where the person was never an asylee but was a beneficiary of an approved I-730 does not advance this discussion.

Bingo... that's what Thankful is saying from the begining

I declared it above

I beleive Thankful distinguished between "The approval of the Form I730" and "asylum granted"

but.... I guess valera77 is now confused

 

[senowen]

Thankful is correct in this situation. An I-730 approved for a derivative beneficiary who is already in the United States instantly provides that person with asylee status that cannot be revoked or terminated if the the relationship ends. However, although the derivative beneficiary retains asylee status if they divorce the principle, due to the specific language of INA 209, the beneficiary cannot adjust status to a lawful permanent resident because they do not "continue[] to be a refugee within the meaning of section 101(a)(42)(A) or a spouse or child of such a refugee." Is this law logical? No. But laws do not have to be logical, they just have to be followed.

On a side note. This is perhaps the 5th or 6th time I have seen Jonny1 provide inaccurate information on this website. While everyone appreciates your enthusiasm at providing information to people, you should make sure your information is really accurate before you speak (type). Immigration is an extra-ordinarily complex area of law, rivaled only by tax law. For every rule there are scores of exceptions or even contradictory rules. Add confusing regulations, agency and court decisions and policy memoranda to the mix and you can see how confusing it can get. You should know that very small differences in a case can completely change the outcome in the end. So before claiming to know what will happen in any situation because you have seen a similar situation in the past, make sure that you KNOW that the law is applied the same way for both situations. If the situation is not EXACTLY like a prior situation you have seen before and you don't actually KNOW what the law is regarding a poster's exact situation you should probably refrain from claiming that you know what will happen in that poster's case.

 

[thankful]

Thankful is correct in this situation. An I-730 approved for a derivative beneficiary who is already in the United States instantly provides that person with asylee status that cannot be revoked or terminated if the the relationship ends. However, although the derivative beneficiary retains asylee status if they divorce the principle, due to the specific language of INA 209, the beneficiary cannot adjust status to a lawful permanent resident because they do not "continue[] to be a refugee within the meaning of section 101(a)(42)(A) or a spouse or child of such a refugee." Is this law logical? No. But laws do not have to be logical, they just have to be followed.

And the USCIS Affirmative Asylum Procedures Manual provides a way to overcome the language of section 209(b). The derivative asylum submits to the USCIS a new asylum application nunc pro tunc which will be granted retroactively to the date the person received derivative status. Once done this will allow the person to be granted adjustment of status under INA 209(b). The INS has stated that the derivative does not have to establish independently fear of persecution (except in the rare situation when the derivative and the principal are from different countries).

Is this a generous policy (whic is just a policy and does not have the force of law)? It is but there is no other way to get around INA 209(b).

I did a few of those cases. My experience was that some USCIS employees are not familiar with this and this can lead to unnecessary complications. For this reason I suggested off the bat that the original poster hire a lawyer when the time comes to apply for adjustment.

 

[thankful]

Immigration is an extra-ordinarily complex area of law, rivaled only by tax law .

and securities law too. One phrase in the Exchange Act of 1934 has been driving me insane this week on the job.

 

[thankful]

valera: feel free to pm me if you want to discuss this further.

 

[jonny1]

who is right , who is wrong, thats what thankful is arguing against me. well, ask an immigration attorney and you will get the most accurate and factual answer.

I hope you won't say lawyers are wrong or you are smarter.
Hey, i am not saying something harsh to VELERA for the answers I gave. It's all about giving truthful and accurate answer and not just showing sympethetic attitude towards asylee mates who expereince these problems.
when we face a problem, we should be giving truthful answers and best advice and not just say don't worry or no problem.

so ask an immigration attorney and you will find out the right answer. Otherwise, we will be giving different answers believing one is right and other is wrong. Doesn't this sound right? i have expereince of helping 3 other refugee persons win asylum from asylum officer, My own asylum, I applied 5 years after I arrived in US missing one year deadline by 4 years and I still won from judge in 20 mins of individual court hearing.
So feel free to ask any questions about asylum matters.

Happy N ew Year 2009!

 

[frombasra]

On a side note. This is perhaps the 5th or 6th time I have seen Jonny1 provide inaccurate information on this website. While everyone appreciates your enthusiasm at providing information to people, you should make sure your information is really accurate before you speak (type). Immigration is an extra-ordinarily complex area of law, rivaled only by tax law. For every rule there are scores of exceptions or even contradictory rules. Add confusing regulations, agency and court decisions and policy memoranda to the mix and you can see how confusing it can get. You should know that very small differences in a case can completely change the outcome in the end. So before claiming to know what will happen in any situation because you have seen a similar situation in the past, make sure that you KNOW that the law is applied the same way for both situations. If the situation is not EXACTLY like a prior situation you have seen before and you don't actually KNOW what the law is regarding a poster's exact situation you should probably refrain from claiming that you know what will happen in that poster's case.

I completely second you here. Only a few weeks ago this guy (Jonny1) insisted that people granted asylum could get benefit for only 8 or 9 months. Well the reality is that people can get benefits for up to seven years. I did get benefits for more than five years after getting asylum status.

As to the issue being discussed in this thread, I can speak based on the experiences of two of my siblings. They were divorced from the principal applicants and no their asylum status was not terminated. So once again Jonny1 was giving out false information.

As a general rule I would take the words of Thankful and Senewen over Jonny1 any time. These two people have long provided rational and thoughtful tips on this board.

 

[jonny1]

from, when did i say derivative asylee benefit will be terminated if divorced from principle applicant? did you read what i said? i said, IF the principle applicant notifies the USCIS of their broken continued relationship, then USCIS can question the derivative asylee and might terminate the derivative;s statuts. so there is the word IF, just read above.
about the asylee benefit, 8 months is the SET LIMIT for asylee federal benefit, after 8 months what ever you receive is in addition to that. so generally, when you win asylum and you go to DEPARTMENT OF HUMAN SERVICE or DHS, the maximum you get is 8 months of benefit like food stamp and public aid medical cards and etc. after that your benefit will end but you can apply again if you can still show that you have low income or meet the public aid eligibility requirements.
they dont give you benefit non stop staright for 5 years.
again, ask an agent with refugee program or DHS and you will get the same answer.
BELIVE IN FACTS!

 

[faysal]

from, when did i say derivative asylee benefit will be terminated if divorced from principle applicant? did you read what i said? i said, IF the principle applicant notifies the USCIS of their broken continued relationship, then USCIS can question the derivative asylee and might terminate the derivative;s statuts. so there is the word IF, just read above.
about the asylee benefit, 8 months is the SET LIMIT for asylee federal benefit, after 8 months what ever you receive is in addition to that. so generally, when you win asylum and you go to DEPARTMENT OF HUMAN SERVICE or DHS, the maximum you get is 8 months of benefit like food stamp and public aid medical cards and etc. after that your benefit will end but you can apply again if you can still show that you have low income or meet the public aid eligibility requirements.
they dont give you benefit non stop staright for 5 years.
again, ask an agent with refugee program or DHS and you will get the same answer.
BELIVE IN FACTS!

Mr. Johny1: You are right when you say the principal applicant can cancel the petition. This can happen before the approval of the petition. For example, if you file a petition for your wife whether she lives in the US or outside of the US, you can write to the USCIS at any time and ask them to withdraw the petition. and the USCIS will comply with your demand. If your wife lives outside of the US and has an approved petition, and you notify uscis of your intention to withdraw the petition, they are ganna comply with your request. but if your wife comes to the US with an approved petition I-730, or she already lives in the us and gets the petition approved, a divorce or writing to the uscis, won;t affect the underlying approved petition. the person might need to go through a different path to greecard.

 

[jonny1]

FAYSAL< thats what i have been saying, to get GC for derivative asylee, a continued relationship with the principle applicant must exist or you may ne bot approved for a GC through asylum.

you said he might need to go through different path to get his own GC and that different path is other than through principle applicant.

so the bottom line is, you need continued relationship with the principle petitioner or applicant for a derivative asylee to get GC or its almost sure that you wont get GC.

from other path to get GC is not what I am talking about.

 

[faysal]

I completely second you here. Only a few weeks ago this guy (Jonny1) insisted that people granted asylum could get benefit for only 8 or 9 months. Well the reality is that people can get benefits for up to seven years. I did get benefits for more than five years after getting asylum status.

As to the issue being discussed in this thread, I can speak based on the experiences of two of my siblings. They were divorced from the principal applicants and no their asylum status was not terminated. So once again Jonny1 was giving out false information.

As a general rule I would take the words of Thankful and Senewen over Jonny1 any time. These two people have long provided rational and thoughtful tips on this board.

Frombasra: you yourself has it wrong. The term benefit is very broad term. It means anything that comes with an approval of asylum, including driver license, the right to work, SSN, a path to citizenship, housing, student grants, and loan...etc. In most states, it is true that once an asylee is granted asylum, the asylee is eligible for a food and cash assistance for a limited time, depending on the status of the individual whether single or family. By law an asylee or refugee with children is eligible for cash assistance for five years. After five years, some states have a special programs for some limited families who remain in the program after five years. But the intension of the law is enable asylee families to adapt and move out of the program after five years. This program is known as the temporary assistance for needy families. You may google further if you wish.

A single a sylee is eligible for free health and cash assistance for 9 months. After that asylees are eligible for all other benefits, but free healthcare and cash assistane. Some states may have different rule.....As with any law, there could be exception. For example, if you are a well known writer asking for asylum against Iranian regime, or human rights activists from China, or an Iraqi asylee, the US government might have particular interest in these situations and may have special rules, as a general rule single asylees are eligible for free health care and free cash for 9 months, or five years if with children...and this is true in my state at least...

As far as your special case of recieving more than seven years, you could be especail case...You could be one of those families who fail to get out of the TNF and remain under especial case. Or you could be from Basra and special laws apply to you.....Any any case the statement that asylees get cash benefits for 9 months is a accurate....Happy new year

 

[faysal]

FAYSAL< thats what i have been saying, to get GC for derivative asylee, a continued relationship with the principle applicant must exist or you may ne bot approved for a GC through asylum.

you said he might need to go through different path to get his own GC and that different path is other than through principle applicant.

so the bottom line is, you need continued relationship with the principle petitioner or applicant for a derivative asylee to get GC or its almost sure that you wont get GC.

from other path to get GC is not what I am talking about.

Jonny1: To be honest, you are confusing. If you read the original post, there was no discusion what so ever on greencard. The discusion was over the consequences from a divorce on an approved I-730. What we were saying is there was a limited effect when you want to apply for greencard, but the approved petition will remain effective. You were arguing that the divorce would cancel the approved petition. therefore, take extra time to understand the issue before you take side...happy new year

 

[thankful]

FAYSAL< thats what i have been saying, to get GC for derivative asylee, a continued relationship with the principle applicant must exist or you may ne bot approved for a GC through asylum.

you said he might need to go through different path to get his own GC and that different path is other than through principle applicant.

so the bottom line is, you need continued relationship with the principle petitioner or applicant for a derivative asylee to get GC or its almost sure that you wont get GC.

from other path to get GC is not what I am talking about.

First of all, it is principal not principle. Second, a divorce from the principal does NOT result in a denial of the former derivative's GC application. The person will be given a chance to apply for asylum nunc pro tunc and will get his GC.

 

[thankful]

Frombasra: you yourself has it wrong. The term benefit is very broad term. It means anything that comes with an approval of asylum, including driver license, the right to work, SSN, a path to citizenship, housing, student grants, and loan...etc. In most states, it is true that once an asylee is granted asylum, the asylee is eligible for a food and cash assistance for a limited time, depending on the status of the individual whether single or family. By law an asylee or refugee with children is eligible for cash assistance for five years. After five years, some states have a special programs for some limited families who remain in the program after five years. But the intension of the law is enable asylee families to adapt and move out of the program after five years. This program is known as the temporary assistance for needy families. You may google further if you wish.

A single a sylee is eligible for free health and cash assistance for 9 months. After that asylees are eligible for all other benefits, but free healthcare and cash assistane. Some states may have different rule.....As with any law, there could be exception. For example, if you are a well known writer asking for asylum against Iranian regime, or human rights activists from China, or an Iraqi asylee, the US government might have particular interest in these situations and may have special rules, as a general rule single asylees are eligible for free health care and free cash for 9 months, or five years if with children...and this is true in my state at least...

As far as your special case of recieving more than seven years, you could be especail case...You could be one of those families who fail to get out of the TNF and remain under especial case. Or you could be from Basra and special laws apply to you.....Any any case the statement that asylees get cash benefits for 9 months is a accurate....Happy new year

Temporary Assistance for Needy Families Program is a federal cash program for the needy. There is a life time cap of five years. This is not dependent on immigration status. A native born citizen will face the same five year cap.

However, there are other federal programs out there for people with limited income. Examples include food stamp and SSI. For those benefits you will get it for up to seven years from the date of asylum grant. This is an immigration based time cap. When you become a citizen the cap does not apply anymore.

 

[faysal]

Temporary Assistance for Needy Families Program is a federal cash program for the needy. There is a life time cap of five years. This is not dependent on immigration status. A native born citizen will face the same five year cap.

However, there are other federal programs out there for people with limited income. Examples include food stamp and SSI. For those benefits you will get it for up to seven years from the date of asylum grant. This is an immigration based time cap. When you become a citizen the cap does not apply anymore.

Thankful: The benefits out there are too many to cover, but the point Jonny1 made was about the 9 months thing....any asylee who is granted asylum in the US is eligible cash, food and healthcare for certain amount of time. For example, if you are 20 years old and you are granted asylum, in my state you are eligible to get cash assistance for upto 9 months for $350 plus whatever food deemed apprapriate and healthcare. After 9 months or when you get full employment whichever comes first the cash and free healthcare stops. if you are a family you go into the TNF....The point I am making is there is "9" cap on asylee cash and free health care assistance....if you know a state without the cap, let me. I have a lot of asylees who are willing to emigrate there and collect the endless benefits...