parents got green card..but im in asylum court proceedings can they file petition for me??

S

soyam.bhattarai

Registered Users (C)
Well i applied for asylum, got referred to ij and now have my master hearing on september, however my parents are GC holder now, my question is can they file petition for me? couple things you should know is i was out of status when i filed my asylum, but since im in court proceedings, should that matter??
 
If you were a minor and in the U.S. you would have been a derivative....obviously that is not your situation.

As an adult son or daughter of an LPR, you must be unmarried to be petitioned by LPR parent(s). IF so, you will not be able to file to adjust status unless in a lawful non-immigrant status. Even if they naturalize, you would still be a preference category alien relative. IF you have unlawful presence, you will trigger a bar to re-entry for 3 or 10 years when you depart. Depending on where you are from, your preference visa (F2B) may not be "current" for a long time, enough time to overcome the re-entry bar.

However, IF you have filed a frivolous asylum claim and it is deemed to be frivolous by the IJ, you would be banned from any and all benefits under U.S. immigration law for life.

IF you have a realistic asylum claim, stick with it.
 
BigJoe5 said:
If you were a minor and in the U.S. you would have been a derivative....obviously that is not your situation.

As an adult son or daughter of an LPR, you must be unmarried to be petitioned by LPR parent(s). IF so, you will not be able to file to adjust status unless in a lawful non-immigrant status. Even if they naturalize, you would still be a preference category alien relative. IF you have unlawful presence, you will trigger a bar to re-entry for 3 or 10 years when you depart. Depending on where you are from, your preference visa (F2B) may not be "current" for a long time, enough time to overcome the re-entry bar.

However, IF you have filed a frivolous asylum claim and it is deemed to be frivolous by the IJ, you would be banned from any and all benefits under U.S. immigration law for life.

IF you have a realistic asylum claim, stick with it.
Click to expand...

ya my parents and we(me and my brother) we all have same story which btw is true thats how they got their asylum and now GC, but ya i guess ill stick with asylum. the only reason i didnt file for asylum with them is coz i was in college and was able to pay until it all went to shit..lol... but ya im unmarried however like i said in asylum proceedings..so im guessing they cant petition for me huh?
 
USCIS still has the jurisdiction to adjudicate I-130 even if you are in a removal proceedings. However, the court retains the jurisdiction of I-485 until the removal proceedings get terminated. USCIS can't adjudicate I-485 until I-130 gets aaproved by USCIS and the judge terminate the removal proceedings based on the approved I-130.

This works for marriage-based adjustment of status. It may not work for your situation.
Keep in mind that if you leave the US before you get LPR status, you might trigger the 3-10 years bar even if you have an approved I-131(AP).
 
assylum said:
USCIS still has the jurisdiction to adjudicate I-130 even if you are in a removal proceedings. However, the court retains the jurisdiction of I-485 until the removal proceedings get terminated. USCIS can't adjudicate I-485 until I-130 gets aaproved by USCIS and the judge terminate the removal proceedings based on the approved I-130.

This works for marriage-based adjustment of status. It may not work for your situation.
Keep in mind that if you leave the US before you get LPR status, you might trigger the 3-10 years bar even if you have an approved I-131(AP).
Click to expand...

Your parent(s) can file I-130(s) for you, but they won't do much good.

Depending on when they got asylum, an I-730 is a possibility BUT there is a filing deadline. Check with a competent lawyer about that AFTER you read the form instructions to see if it worth pursuing.
 
You must log in or register to reply here.
Top