Unique Situation: Derivative Asylum and F1

helpjude

Registered Users (C)
Hi Gurus,

I have a situation here.
My wife came on F1 visa in Dec 2007 which is valid till Jan 2011. Her passport was from Pakistan & she was in Australia on Student Visa & she applied F1 from Australia
She had to leave the country back to Australia due to some issues in May 2008.
She is in Australia now in Valid Student Status.

I applied for Asylum in Feb 2009 and was approved in March 2009. My wife was in the application too.
I filed for travel document in July and hopefully will get them by September.
I also applied for derivative asylum this month but the texas center is still processing Dec '08.

Now reason for typing this mail is:

I want to get my wife to USA by the end of this year, when i go to Australia on Travel Documents.


The solutions I have in mind are:

1. As she has an expired SEVIS and no I-20, according to my knowledge she can come to the port of entry and claim asylum status. But how long they will take to release her is something i don't know. She is on my asylum application though. I don't know about the risks involved here.

2. I apply for a new I-20 and sevis record and get her in states & apply for change of status or get address changed on the derivative status application.



Please advise on both solutions, the pros and cons, which one is more practical?
Jay.

P.S. What should be the title of this post? Am I posting it in the right location?
 
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