I-730

J

Jayjay

New Member
Hi everyone my husband was granted asylum in court 5 months ago now he want to file I-730/derivative asylum for me. I’m scare because I’m in the U.S but I was previously deported from U.S 8 years ago so I’m scare to apply for I-730 because if I’m a call for interview I might be detained. Has anyone been through anything similar please please share. Can anybody share their timeline?? When did you get call for biometrics or interview?
 
Why weren’t you listed as a dependent on his original petition since you were already in the US? Did he mention that he was married to you in his asylum application by listing your name as his spouse? If you have a prior order of removal, then USCIS cannot grant you derivative asylum. You may need to re-open your own case in the immigration court and ask the IJ to grant you derivative asylum after USCIS approves your I-730. Since your husband was already before the IJ, this could have been easily achieved then, hence I’m a bit confused why he didn’t put you on his application as a derivative. Now, I think you may need to file a motion to reopen your removal proceedings. I suggest you consult an immigration lawyer.

Even if you had any bars of inadmissiblity it was possible to file a I-602 waiver that the IJ could have approved. The waiver is quite generous for Asylum, does not require extreme hardship and is generally approved.
 
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Fin said:
Why weren’t you listed as a dependent on his original petition since you were already in the US? Did he mention that he was married to you in his asylum application by listing your name as his spouse? If you have a prior order of removal, then USCIS cannot grant you derivative asylum. You may need to re-open your own case in the immigration court and ask the IJ to grant you derivative asylum after USCIS approves your I-730. Since your husband was already before the IJ, this could have been easily achieved then, hence I’m a bit confused why he didn’t put you on his application as a derivative. Now, I think you may need to file a motion to reopen your removal proceedings. I suggest you consult an immigration lawyer.

Even if you had any bars of inadmissiblity it was possible to file a I-602 waiver that the IJ could have approved. The waiver is quite generous for Asylum, does not require extreme hardship and is generally approved.
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When he applied In 2014 I was not in the U.S I came after she filed. She did include me on the application but the lawyer said we now have to file I-730. And even though I was previously deported that is not a problem when applying for I-730 but they could detaine me at the interview that’a why I would like to hear from other people’s experiences. Thank you for your information.
 
ICE does detain people with final order of removal during interviews sometimes. The main question you need to ask is can your I-730 even be granted by the USCIS with a final order of removal on your record. The problem is that USCIS cannot grant benefits when the final order of removal exists or even when the applicant is in removal proceedings. In such matters, the first thing to do is to re-open the Proceedings with the immigration court and then terminate them administratively. When the removal order goes away, US CIS can grant the petition. Alternatively, you can ask the judge to grant you benefits.

Your story is very confusing. First you said that you were deported 8 years ago. Then you said that you were not in the US in 2014 but now you are here. Did you re-enter after you were deported? If yes, how did you re-enter? Was it an EWI? Also, you mentioned that your husband’s asylum was granted just 5 months ago. A much easier way would have been to add your name as a derivative before the petition was granted. Your lawyer could have done it during or just before the hearing.

Edit: Since you re-entered after being deported, you have inadmissibIity under 212(a)(9). Hence you will need to apply for a waiver under 209 (c) as well (form I-602). its usually granted for Asylees and derivative asylees.
 
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I understand your point and yes this is very confusing because my husband added me on the application. I thought I would automatically get derivative asylum but i went to different lawyers and they all said my husband needs to file I-730 even though I was included in the asylum application. Previous deportations or being inadmissible because of previous deportation do not apply to asylee or derivatives asylees. The waivers that you mentioned have to be filed when you adjust status to permanent resident.
 
My understanding is that USCIS cannot grant you asylum (derivative or primary) if you have a prior order of removal or are currently in removal proceedings. Only an IJ can do it. The inadmissibility DOES apply but is waived. Im not sure if it’s waived automatically or you have to file a waiver. My lawyer had said that a good practice is to always get a waiver on file so that there is no issue during AOS/naturalization or with CBP during re entry (although I didn’t need one myself).
 
Fin said:
My understanding is that USCIS cannot grant you asylum (derivative or primary) if you have a prior order of removal or are currently in removal proceedings. Only an IJ can do it. The inadmissibility DOES apply but is waived. Im not sure if it’s waived automatically or you have to file a waiver. My lawyer had said that a good practice is to always get a waiver on file so that there is no issue during AOS/naturalization or with CBP during re entry (although I didn’t need one myself).
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Thank you for sharing. I appreciate it.
 
Fin said:
ICE does detain people with final order of removal during interviews sometimes. The main question you need to ask is can your I-730 even be granted by the USCIS with a final order of removal on your record. The problem is that USCIS cannot grant benefits when the final order of removal exists or even when the applicant is in removal proceedings. In such matters, the first thing to do is to re-open the Proceedings with the immigration court and then terminate them administratively. When the removal order goes away, US CIS can grant the petition. Alternatively, you can ask the judge to grant you benefits.

Your story is very confusing. First you said that you were deported 8 years ago. Then you said that you were not in the US in 2014 but now you are here. Did you re-enter after you were deported? If yes, how did you re-enter? Was it an EWI? Also, you mentioned that your husband’s asylum was granted just 5 months ago. A much easier way would have been to add your name as a derivative before the petition was granted. Your lawyer could have done it during or just before the hearing.

Edit: Since you re-entered after being deported, you have inadmissibIity under 212(a)(9). Hence you will need to apply for a waiver under 209 (c) as well (form I-602). its usually granted for Asylees and derivative asylees.
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May I know what the update when did you apply for waiver? I am waiting for my i730 approval file with I602 and I'm outside US
 
Fin said:
Why weren’t you listed as a dependent on his original petition since you were already in the US? Did he mention that he was married to you in his asylum application by listing your name as his spouse? If you have a prior order of removal, then USCIS cannot grant you derivative asylum. You may need to re-open your own case in the immigration court and ask the IJ to grant you derivative asylum after USCIS approves your I-730. Since your husband was already before the IJ, this could have been easily achieved then, hence I’m a bit confused why he didn’t put you on his application as a derivative. Now, I think you may need to file a motion to reopen your removal proceedings. I suggest you consult an immigration lawyer.

Even if you had any bars of inadmissiblity it was possible to file a I-602 waiver that the IJ could have approved. The waiver is quite generous for Asylum, does not require extreme hardship and is generally approved.
Click to expand...
I apply I-730 together with I-602 for my wife she was inadmissible and have a 5yr bars.Our lawyer advise that the bar can be waived this process is beneficiary is outside the US.My question is if i602 does not need necessarily to show extreme hardship the bar can be waived just have to wait for I730 approval or the bar needs to be over before getting answer from USCIS? Thanks in advance
 
@Milani@2020 there is a clear inadmissability issues you would need an I-602. If you have a lawyer who is advising you to apply for a waiver, I would heed his advise since he knows your particular case. You still do not need to show hardship for I-602 and its routinely approved unless you have security related issues.
 
Thank you.Any idea if do I need to wait outside the US for 5yrs until the bars is over before getting answer from USCIS?
#March 2021filer
#NebreskaSC
 
Hello, Jayjay, the process is:

(1) File I-730. (2) I-730 Approval. (3) Motion to Reopen Your Removal Order. (4) Cancel the removal order.
 
2023sf said:
Hello, Jayjay, the process is:

(1) File I-730. (2) I-730 Approval. (3) Motion to Reopen Your Removal Order. (4) Cancel the removal order.
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Dear, Looks like you've good experience. Do you have any idea, how much time its taking at SF to get the interview after filing?
 
Hello everyone.How long the process takes for I-730 and I-602 (mispresentation for devirative spouse?)to get answer from USCIS? I'm in the US petioner And my spouse beneficiary outside the US. 4months since we file with help of lawyer Nebreska center. Praying for all of us get approved and reunite with our family.
 
Fin said:
ICE does detain people with final order of removal during interviews sometimes. The main question you need to ask is can your I-730 even be granted by the USCIS with a final order of removal on your record. The problem is that USCIS cannot grant benefits when the final order of removal exists or even when the applicant is in removal proceedings. In such matters, the first thing to do is to re-open the Proceedings with the immigration court and then terminate them administratively. When the removal order goes away, US CIS can grant the petition. Alternatively, you can ask the judge to grant you benefits.

Your story is very confusing. First you said that you were deported 8 years ago. Then you said that you were not in the US in 2014 but now you are here. Did you re-enter after you were deported? If yes, how did you re-enter? Was it an EWI? Also, you mentioned that your husband’s asylum was granted just 5 months ago. A much easier way would have been to add your name as a derivative before the petition was granted. Your lawyer could have done it during or just before the hearing.

Edit: Since you re-entered after being deported, you have inadmissibIity under 212(a)(9). Hence you will need to apply for a waiver under 209 (c) as well (form I-602). its usually granted for Asylees and derivative asylees.
Click to expand...

They can grant benefits when the final order of removal exists.
 
Milani@2020 said:
Hello everyone.How long the process takes for I-730 and I-602 (mispresentation for devirative spouse?)to get answer from USCIS? I'm in the US petioner And my spouse beneficiary outside the US. 4months since we file with help of lawyer Nebreska center. Praying for all of us get approved and reunite with our family.
Click to expand...

4 months is a short time. You can file Writ of Mandamus if it is over 1 year.
 
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