Very Strange Case ! HELP !

V

valera77

Registered Users (C)
Hi all, my case is as follows:

My wife and I came with tourists visas and each one of us applied for Asylum in different but close dates (note that neither of us included the other one in the application because we had strong different cases and we were told that if one of us wins we could file the other under the family member petition).

I had my interview SEP 06, received NOID DEC 06, replied and then received a Final Denial April 07. The strange thing is, I was not sent to court and the letter was sign and sent after my I-94 expired (one month or so). The letter said that “ IF you must leave the country please inform the nearest office” and that my case was denied, but nothing that I had to leave or go to court, they simply closed my case. I don’t know if this was their error or if they saw both cases and knew that my wife won and she will eventually file for me.

My wife got the interview JAN 07 after her status expired, we went to the asylum office 2 weeks after and got “Recommended for approval”, of course I was not included and the officer told us that only my wife would get EAD. She has to wait for the Background Check, the lawyer told us that it should take around 10 month to get her Final approval and then file for my petition. I have USA Driver’s License until JAN 08 (I went to DMV with my fist asylum application and got it).

My questions and concerns are: Should I file for asylum again? Should I wait? Can I travel within the USA ? What is my real status? What are the risks? How can I work? Anyone with similar case?

I will appreciate so much your feedback since I cannot sleep thinking I have not any status at all. The lawyer insists that I wait, but what will happen if she gets stock on Name check to long?

Note: My wife got arrested 3 years ago for battery and resisting arrest without violence for defending a friend of hers who was DUI. She even brought the anger management course that she had to do to the immigration officer before they approving her case so I am not worry about the denial because of these (2 lawyers told us that no problem there.) It was a stupid thing but she has a record in the police and this may delay here Background Check.

Please send me as many comments as you can. I feel like I am not free and I just don’t know what are the possibilities and what I should do.

Thank you so much in advance

Best Regards to all of you.
 
Hi... I beleive that you should be fine (my personal opinion only)! ..... One of my friend went through a similar scenario. His case got denied by asylum office (but was forwarded to court because he had entered without inspection) ... his wife then entered US (within 5 to 10 days of this denial) and she applied for I-589 separately..... she got approved.

My friend never had to go to court afterwards because he received his I-94 (asylum status granted) in the mail.

..... My wife's case history is a little complicated as well.... may be you can check all of my threads because it will take too long for me to re-type it all. It was kind of unique case ..... I was always afraid because even most of the attornies did not have one solid answer on her case. He I-589 was administratively closed (was never forwarded to any court)... and her I-730 still appears to be in 'pending' on USCIS website but USCIS issued her I-94 (asylum status granted) when she visited their office alongwith me.

Well ..... consult some attornies to find if you could follow my path.... Good Luck !!
 
Your wife doesn’t have asylum yet and cannot do anything for you until her background is clear. Probably, she will have to wait between 4-10 months to file your petition.
I think that during this time you will be placed in removal proceeding. Before the court (If they refer your case), your lawyer should explain to the judge to allow more time to adjust your status based on your wife asylum.
I was in the same situation and the judge allowed me 12 months to adjust my status (I-730). Unfortunately, before receiving the I-730 approval, I was unable to work and drive.
 
Vellara77:

I am not really familiar with cases like yours; but there is one thing that I don't understand in the way you and your wife applied for asylum. The people whoever they might be who gave the advice to file for asylum separately were right. They gave you the right advice; but I think there one part that you missed to do. When filing for asylum, the applicant if he/she has depends they have two options. They can include their depends in the application as seeking benefits along with the principal right away, or they can include the application as depends not seeking emidiate benefits. It seems now that when you were filing the applicaton your wife put your name in the section that lists the depends that are not seeking emidiate benefits. If she had put you on the emediate seeking benefit section, you would have gotten whatever benefits she got, but because she put you the not seeking emediate benefit section, now you must wait for her final approval, and she must petition for you once her final approval is given.... In any case, hope you the best.
 
Sometimes it happens - it seems they have mistakenly processed the closing procedure as if you were in legal status. Indeed, if person is in legal status and his application is denied they just close the case without any consequences.

I would seek an attorney's advice.
Удачи.
 
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