important INS news release on asylees

MY FRIEND IS DERIVATIVE ASYLEE, HER HUSBAND IS THE MAIN APPLICANT, THEY WERE ON INTERVIW TOGETHER.
THEY ARE GOING TO DIVORCE. SOME LAWERS SAYING SHE WILL BE OK WITH HER STATUS, BECAUSE SHE HAS IT GRANTED ALREADY. SOME SAYING SHE WILL NOT RECEIVE HER GC IF SHE'LL BREAK HER RELATIONSHIP WITH MAIN APPLICANT. DOES ANYBODY KNOW ANITHING ABOUT IT OR CAN ADVISE A LAWER WHO HAD THE SAME SITUATION?
THANK YOU FOR THIS GREAT SITE, I DO NOT FEEL THAT ALONE AFTER I HAD DISCOVER IT OCCASIONALLY...
 
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TOMOCHKA,

First of all, I think you should open a thread for this discussion since this is a new topic.

Now to your question, the asylum division of the BCIS central office has stated informally that upon divorce a derivative asylee must file a new asylum application in her own name which will then be approved back to the original date of the derivative grant. The effect is that she can adjust on her own. (this is similiar to the nunc pro tunc process for aged out children before the Child Status Protection Act took effect).

A number of caveats. This is an informal policy which is NOT written down in any law or regulations. So the BCIS can change this at any time for any reason or no reason. Also, the central office states that it reserves the right not the process the former derivative in certain situations: for example, if the marriage was fake to begin with or if she was a national of a "safe" country".
 
to:rik-tik-tak

Sorry for the late answer, I just wanted to let you know if you have a Refugee Travel document, you do not need a visa for germany up to 3 month.
 
Thank you very much, Gilbert.
It is a big plesure to have you in this forum - you are sharing your knowledge to everybody.
Derivative case. Lawers did not even wanted to take her case. They think filing a separate application working for kids only. Looks like my friend has to stay in that marriage, I hope she will be alive, so bad it is. But she does not want to loose her status, she waited for that for so many years already. The marriage was real, they both from the same country.

P.S. You absolutely right about new post, but I was playing with computer, something did not work up and I just gave up on trying - I had other things to do at that time.

Thank you again for reply, Gilbert.
Will apreciate any other experiance similar to my friends case.
:rolleyes:
 
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ILW Highlights
Processing Times Updated http://www.ilw.com/immigrants/govttimes/pro-nebraska.shtm
Department of State Priority Dates have been updated.

They say it is updated, I did not notice any update personally...
 
TOMOCHKA,

I know two asylees who divorced the principals and were able keep their adjustment applications alive---within the last year.

If you have a lawyer, ask him/her to read page 72 of the Asylum Procedures Manual.

Money quote "The processing of a former dependent's I-589 does not vary depending upon how the individual lost derivative status (i.e. death of the PA, marriage or divorce)."
 
If you hinting that this person is involved in an abusive relationship. I would advise her to get out NOW--there should not be any immigration implications.
 
Approved

Good Morning everybody,Here's good news My wife's Application ND was Jan 11 1999 and fingure print was 10/02/2002 Just checked today on line message changed to This case has been approved on June 13 2003,If you don't receive approvel noticewith in 14 days call BCIS.
Good Luck yo everyone.
 
My application is dated by October 1, 1998 and I don't belive it will be ever approved. I just don't believe it.
 
Re: Approved

Originally posted by jattindc1
Good Morning everybody,Here's good news My wife's Application ND was Jan 11 1999 and fingure print was 10/02/2002 Just checked today on line message changed to This case has been approved on June 13 2003,If you don't receive approvel noticewith in 14 days call BCIS.
Good Luck yo everyone.
Click to expand...
Congratulations man. Please repeat this message in a new thread so that everyone can see it and celebrate with you. These are really inspiring news for many people here. Once you receive the notice in the mail, go to the local BCIS office and have 3 pictures ready. They will give you a temporary document until you receive your card.
 
Annv,

Don't be disappointed as you already have spend so much time waiting so no need to be pessimist now. This new approval that we have been notified about is about a derivative asylum request. In my humble understanding the derivative asylum are more of a routine case as though they have to wait for the visa to be available but there is no particular scrutiny compared to if you were not a derivative asylee but an original asylum applicant.

Again this was just my two cent's worth ...
 
Thank you very much, Gilbert. I will advise her.

"If you hinting that this person is involved in an abusive relationship. I would advise her to get out NOW--there should not be any immigration implications."

Based on what? The law defending only abused wives of american citizens, not asylees...
 
Based on real, flesh-and-blood BCIS practices for the past few years of allowing divorced asylees to continue with their immigration process!



"If you hinting that this person is involved in an abusive relationship. I would advise her to get out NOW--there should not be any immigration implications."

Based on what? The law defending only abused wives of american citizens, not asylees... [/B]
Click to expand...
 
Thank you very much, Gilbert, for your attention and sincere wish to help.
_________
Based on real, flesh-and-blood BCIS practices for the past few years of allowing divorced asylees to continue with their immigration process!
_______________
But she went for consultation to several lawers. Few of them (pro bono) told she is going to be OK divorsed, because her status is granted already. Few others said to get her GC she must have with asylee continued relationship, which divorce is going to destroy. One told he can try to use her "abused wife" documents(she does not have much docs on it) and for $5,000 he will apply for GC for her separate; additional fee will apply, he said, if the case will not be approved and will go to Immigr.court. The question "is the marriage real" can arise, he told, because they got marriage few month before going to USA.
So my friend got scared to be in any risk with her status, and I do not blame her, she has kids in her country...
Well, all lawers told her not to stay in abusive marriage, but it was not the main advise she wanted to hear. Another addvocate proposed her to apply for asylum on her own, but, come on, who from us would start all this long terrible way again?...
She is just trying to wait and hope. Her friends helping her, how they can. But all this matters are very unfair, I mean to all other derivative asylees wives, who is in the similar situation.
Or maybe she just did not meet an experianced lawer...
 
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