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  • Sticky situation - any advice

    My husband has entered into the country illegally and is currently asked for Political Asylum. He started his asylum case almost 4 years ago and it is not even up for a court date until a few months from now.

    Overall, we have spent a lot of time with lawyers. Not one of them can give a possibility of obtaining asylum (like a 10% chance we will win). They are all saying that is due to the political climate from his home country being what historians are considering "safe".
    Here is the issue:

    I am a US citizen and we were married in Nov. 2005. Since then we have grown our family by one. In the interim of the upcoming court date we applied and already received approval of the I-130.

    The next step is what we are having questions about:

    1) since the chance of winning the asylum case is so low should we drop the case and send him back to his terrible country and wait for a visa from me?

    2) If he has to wait for a visa from me, what applications do I need to submit? Anyone know how long this process takes (it seems like other forums say the I-130 takes the longest)?

    3) Since the duration of his case, he has been living here with a SSN and approved EAD - should we choose the route of sending him to his home country will another I-765 have to be approved?

    4) If we continue with the asylum case and it is denied and we enter into appeals and that goes on for, say 10 years and we are still denied what happens then - can he apply for citizenship through our approved I-130?

    Any help you have would be greatly appreciated. We have another meeting with a new lawyer on Monday but already this weekend seems so long and unanswered questions are looming.

  • #2
    My husband has entered into the country illegally and is currently asked for Political Asylum. He started his asylum case almost 4 years ago and it is not even up for a court date until a few months from now.

    Overall, we have spent a lot of time with lawyers. Not one of them can give a possibility of obtaining asylum (like a 10% chance we will win). They are all saying that is due to the political climate from his home country being what historians are considering "safe".
    Here is the issue:

    I am a US citizen and we were married in Nov. 2005. Since then we have grown our family by one. In the interim of the upcoming court date we applied and already received approval of the I-130.

    The next step is what we are having questions about:

    1) since the chance of winning the asylum case is so low should we drop the case and send him back to his terrible country and wait for a visa from me?

    2) If he has to wait for a visa from me, what applications do I need to submit? Anyone know how long this process takes (it seems like other forums say the I-130 takes the longest)?

    3) Since the duration of his case, he has been living here with a SSN and approved EAD - should we choose the route of sending him to his home country will another I-765 have to be approved?

    4) If we continue with the asylum case and it is denied and we enter into appeals and that goes on for, say 10 years and we are still denied what happens then - can he apply for citizenship through our approved I-130?

    Any help you have would be greatly appreciated. We have another meeting with a new lawyer on Monday but already this weekend seems so long and unanswered questions are looming.

    Comment


    • #3
      alien should be allowed to adjust her status in court after declaring his marriage to USC. Its not Asylum case drop, Repeat, not to drop the case or get VD or denial but to ask for adjustment of case in court, matter of Ram, 9th circuit 2001.
      Its a discussion, not a legal advise..

      Comment


      • #4
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mohan:
        alien should be allowed to adjust her status in court after declaring his marriage to USC. Its not Asylum case drop, Repeat, not to drop the case or get VD or denial but to ask for adjustment of case in court, matter of Ram, 9th circuit 2001. </div></BLOCKQUOTE>

        OUR Lawyer is telling us that he cannot file to adjust his status because he came here illegally and does not have an I-94. He came here 11/23/2002 - so it is after that 245 (i) rule???

        Is she giving us false information?

        Comment


        • #5
          Lawyer is right he didnot entered legally and also not covered by 245i, neither he has ten year physical presence , a must requirement for cencellation of removal. he will not be allowed to AOS within the country. he may leave on voluntaqry departure (if he has no crime) and comeback with waiver.
          Its a discussion, not a legal advise..

          Comment


          • #6
            http://www.usdoj.gov/eoir/vll/intdec/vol23/3517.pdf
            Its a discussion, not a legal advise..

            Comment


            • #7
              isn't it amazing that dirtbag border jumpers find "love" (i.e., the village moron) 5 minutes after they cheat their way into my soveriegn nation, then file some bogus asylum claim and then marry some dodo, hammer out a kid or two, and voila....suddenly, there is no more persecution in their country.....wow....what an astonishing coincidence!
              I say eff this jagoff....bar all border jumpers...no matter what idiot they marry....and ship their sorry behinds back to whatever country they came from....for good. I bet we would see a dramatic drop in the number of "good faith" marriages to village idiots.....let's give it a try....

              Comment


              • #8
                Thanks for the help. What an idiot Someone is. What sparked that hatred?

                Anywoo...thanks again.

                Comment


                • #9
                  what sparked my response? PATRIOTISM...something you are sadly lacking by helping some border jumper get a green card....and to IPerson....aren't you tired copying that same tiresome quote that isn't even your own?

                  Comment


                  • #10
                    bella1978n - what inspired you to marry an illegal alien in the first place? Didn't you know what you were getting yourself in for? There are no excuses for illegals coming into our country - zip! To marry one - geez - you should have studied up on the immigration laws before you did this! There's no sympathy here on this forum for people who broke the law.

                    Comment


                    • #11
                      Because love does not have a border. We met, fell in love, and I accepted him with all his "faults" if you think of them that way.

                      Thanks for the support. Geez...

                      Comment


                      • #12
                        It's not that I'm not supporting you - you set yourself up for these troubles! I wish you the best of luck - but I have no sympathy for illegals - they are the scum of the earth - why you would get involved in this situation is beyond me - but best of luck, anyway!

                        Comment


                        • #13
                          What Country?

                          Comment


                          • #14
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">but I have no sympathy for illegals - they are the scum of the earth - </div></BLOCKQUOTE>

                            ...they are the scum of the earth? Whatever you're drinking, you must've multiplied it by twenty.

                            Comment


                            • #15
                              <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by bella1978:
                              Because love does not have a border. We met, fell in love, and I accepted him with all his "faults" if you think of them that way.

                              Thanks for the support. Geez... </div></BLOCKQUOTE>
                              Love? Perhaps the fact that he's desperate for a green card has nothing to do with his falling in love? Same old story

                              Comment

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