My petition for sibling who is already in USA, approved

B

BhoGyalo

New Member
My petition for my sibling was approved, and the case was forwarded to National Visa Center. But my sibling entered USA with false documents and applied for political asylum which is in process. He admitted during the asylum interview about the use of false document to gain entry, and gave his real information for political asylum application. Now that his petition is approved, can he apply for adjustment of status? Will his entry into USA with false documents adversely effect his application? Will his admission of using false document in his political asylum application/interview help. Can someone please advise what course of action is best for him in this situation.
 
Depends on when you filed, i.e., what the priority date of the petition that you filed.

And even if his PD is current, providing false information to gain immigration benefit is a HUGE NO NO!!
 
Assuming that USCIS is okay with his confession of using a false identity, he should be okay. It seems they approved his asylum case after taking into account all his information. He can apply for a GC one year after his asylum approval date.


BhoGyalo said:
He admitted during the asylum interview about the use of false document to gain entry, and gave his real information for political asylum application. Now that his petition is approved, can he apply for adjustment of status?
Click to expand...
 
Triple Citizen said:
Good catch. It seems the final asylum approval is still pending. If and when it is approved, the OP's brother can apply for a GC a year after that approval.
Click to expand...

TC, I also think what the OP is asking is if his brother could just file AOS NOW based on the approved petition filed by the OP - and not worry about the asylum. OP, please correct me if I am wrong.
 
Yes, but the dilemma regarding applying for AOS are:
1. How would USCIS view the fact that he gained entry with false papers.
2. Will he be asked to go back to the country of origin and follow the regular procedure thru US embassy.
His prority date is March of 2001. The cut off date right now is June of 1999. Is it remotely possible that his application might process earlier by NVC.
 
People who entered based on false documents cannot adjust status under a family-based or employment-based petition. Same thing for people who sneaked across the border.

His only hope is asylum, and if he expects them to forgive the false documents, the reason for falsification needs to be due to the underlying reason for asylum (e.g. the country of persecution took away his passport so he had to use a relative's passport to travel to the US).
 
Last edited by a moderator:
Totally agree with you. They only way I see USCIS forgiving the usage of a false identity is if the OP's brother had no choice but to use a false identity in order to escape his COP.

Jackolantern said:
His only hope is asylum, and if he expects them to forgive the false documents, the reason for falsification needs to be due to the underlying reason for asylum (e.g. the country of persecution took away his passport so he had to use a relative's passport to travel to the US).
Click to expand...
 
If he won't get asylum and will be deported it's rather unlikely he'll be able to get one even with CP, right? At least, I'd think so. Because fake docs is a pretty big thing. I know the spouses of USC getting the card (with the waiver approved, of course), but I doubt the other family categories will be tolerated that much too.
 
You must log in or register to reply here.
Top