Need to file I-730 for daughter but do not have her birth certificate?

asking75

Registered Users (C)
i was recently granted asylum by an immigration judge and was told i could file an i 730 for my daughter. She is here in the U.S with me. I do not have her birth certificate and can not travel back to my country to get one for her. What are my options?
 
You can try submitting affidavits or better yet contact USCIS regarding a referral for a DNA test. Is there any other documentation available? How did you manage to board a flight to the U.S.? Or did you enter by sea or illegally cross the border?

Passports? What info is in the passports regarding any relationship? Some countries have that type of info... What country was she born in?
 
You can try submitting affidavits or better yet contact USCIS regarding a referral for a DNA test. Is there any other documentation available? How did you manage to board a flight to the U.S.? Or did you enter by sea or illegally cross the border?

Passports? What info is in the passports regarding any relationship? Some countries have that type of info... What country was she born in?


my daughter was included in my passport and had her own visa in my passport.. She is under 21. I am really confused by everything I dont even know if I need to file an I730 for her. When i filled out the form i589 i listed my daughter as a dependant and checked the box(yes) for the question that asks whether the dependant is included in the application. i even submitted her photo as requested. Do I have to file an I 730 for her or was she already granted asylum at the same time that i was? I am really confused by this........ If she was granted asylum at the same time, how do i get her I 94? Was the judge supposed to have issued a separate order for her, for me to take to uscis to get her i 94?
 
She should have derivative asylee status already if she was included from the beginning. When the IJ granted you asylum, you should have been given explicit instructions in writing on getting proof of status from USCIS. You need to follow-up with USCIS, make an Infopass appointment online.


I was not given by ,my attorney, any of the documents the judge issued during the hearing. not the instructions or the final order. The judge did however say my daughter was a derivative. The attorney representing me told me later after the hearing that i had to pay her extra to file the paper work for my daughter and also for my work permit.

I found out about the post order instruction sheet online (POST-ORDER INSTRUCTIONS FOR INDIVIDUALS GRANTED RELIEF OR PROTECTION FROM REMOVAL
BY IMMIGRATION COURT) and remembered seeing it as one of the documents my attorney had been given by the ij to give to me but she did not. I went to her and asked for the final order but she only gave me a copy. I appreciate your responding to my case. Please help me understand how things are supposed to be if you can. i was preparing to pay her to file an I 730 for my daughter and my work permit but after seeing the post order instructions and reading that a dependant included on the initial application is also granted derivative status I am now confused. Does the Ij have jurisdiction over my daughter since she was not in removal proceedings but was included in my application?
 
She should have derivative asylee status already if she was included from the beginning. When the IJ granted you asylum, you should have been given explicit instructions in writing on getting proof of status from USCIS. You need to follow-up with USCIS, make an Infopass appointment online.


I was not given by ,my attorney, any of the documents the judge issued during the hearing. not the instructions or the final order. The judge did however say my daughter was a derivative. The attorney representing me told me later after the hearing that i had to pay her extra to file the paper work for my daughter and also for my work permit.

I found out about the post order instruction sheet online (POST-ORDER INSTRUCTIONS FOR INDIVIDUALS GRANTED RELIEF OR PROTECTION FROM REMOVAL
BY IMMIGRATION COURT) and remembered seeing it as one of the documents my attorney had been given by the ij to give to me but she did not. I went to her and asked for the final order but she only gave me a copy. I appreciate your responding to my case. Please help me understand how things are supposed to be if you can. i was preparing to pay her to file an I 730 for my daughter and my work permit but after seeing the post order instructions and reading that a dependant included on the initial application is also granted derivative status I am now confused. Does the Ij have jurisdiction over my daughter since she was not in removal proceedings but was included in my application?

I suggest that you file a form EOIR-44 to complain about that attorney's unethical behavior. google for it.

You have indicated that your unmarried, under 21 year old daughter was with you in the U.S. and included in your asylum application and the IJ told you she got derivative status along with you.

Make the Infopass appointment and bring what you have (you only need a copy). That attorney does NOT have your immigration file, USCIS does have it and more.

A person granted asylum is not required to get an EAD (many opt to get one to satisfy stupid employers but it is not required and you will be OK in E-Verify). You can obtain proof of status and work authorization for free from USCIS. You have indicated that you cannot deal with the home country, it would be wise to get Refugee Travel Documents (RTD's) for you and your daughter, just to serve as government issued ID's. Form I-131 (cheaper for asylees) on www.uscis.gov

Report that attorney! If she is doing this to you she is probably doing it MANY if not ALL such clients. http://www.justice.gov/eoir/eoirforms/eoir44.pdf
 
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I suggest that you file a form EOIR-44 to complain about that attorney's unethical behavior. google for it.

You have indicated that your unmarried, under 21 year old daughter was with you in the U.S. and included in your asylum application and the IJ told you she got derivative status along with you.

Make the Infopass appointment and bring what you have (you only need a copy). That attorney does NOT have your immigration file, USCIS does have it and more.

A person granted asylum is not required to get an EAD (many opt to get one to satisfy stupid employers but it is not required and you will be OK in E-Verify). You can obtain proof of status and work authorization for free from USCIS. You have indicated that you cannot deal with the home country, it would be wise to get Refugee Travel Documents (RTD's) for you and your daughter, just to serve as government issued ID's.

Report that attorney! If she is doing this to you she is probably doing it MANY if not ALL such clients.

Thank you so much for your advice.I have scheduled an infopass appointment i will explain everything to them. I will let you know what happens on Monday
 
Thank you so much for your advice.I have scheduled an infopass appointment i will explain everything to them. I will let you know what happens on Monday
 
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