I applied for asylum in 2004 after being in the US for more than a year, asylum officer denied my application, the case is now pending for 5 years in the immigration court. 2 years ago I married a US citizen. When I filed the I-130 petition(Petion for Alien Relative), I could not file I-485 (adjustemnt of status) and I-765 (work authorization) concurrently ( together) with I-130 because the Immigration Judge (IJ), not INS, has a jurisdiction over my case.
So I filed only I-130 in April , 2008. Still waiting for the i-130 petition being approved ( after 1 year 8 months ). In March 2009, got notice from INS about them scheduling the appointment for interview, now Nov 30, 2009, no interview scheduled yet. HAd InfoPass appointment twice( Sep 3, 2009 and Nov 3, 2009). Nothing.
Now my Immigration hearing is scheduled for Jan 5, 2010 in 35days, and I don't know should I reschedule the hearing before the Immigration Judge or should I hope ( of course I shoudn't rely on this) that INS will schedule the appointment before my hearing.
Just got off the phone with USCIS and they told me I should make Expedited Request and within 5 days I will hear when they will schedule the interview.
If I go to hearing before IJ (before I-130 approved) and he denies asylum, then what ? FIle the Appeal ?
I have been rescheduling the IJ hearing 2-3 times in hopes of having I-130 interview first.
If anybody has been through this type of situtation and could share their experience with me or anyone in the know how to act in this situation.
All thoughts are welcomed.
Thank you
So I filed only I-130 in April , 2008. Still waiting for the i-130 petition being approved ( after 1 year 8 months ). In March 2009, got notice from INS about them scheduling the appointment for interview, now Nov 30, 2009, no interview scheduled yet. HAd InfoPass appointment twice( Sep 3, 2009 and Nov 3, 2009). Nothing.
Now my Immigration hearing is scheduled for Jan 5, 2010 in 35days, and I don't know should I reschedule the hearing before the Immigration Judge or should I hope ( of course I shoudn't rely on this) that INS will schedule the appointment before my hearing.
Just got off the phone with USCIS and they told me I should make Expedited Request and within 5 days I will hear when they will schedule the interview.
If I go to hearing before IJ (before I-130 approved) and he denies asylum, then what ? FIle the Appeal ?
I have been rescheduling the IJ hearing 2-3 times in hopes of having I-130 interview first.
If anybody has been through this type of situtation and could share their experience with me or anyone in the know how to act in this situation.
All thoughts are welcomed.
Thank you