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No AOS, no asylum, no TPS - what options does one have?

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  • No AOS, no asylum, no TPS - what options does one have?

    My wife has been here for 15 years and initially arrived as an F-1 student. We got married in 2011 and filed for her AOS soon after. The AOS was denied in August 2013 and she was advised to leave as soon as possible. However, she can't leave because there is no home to go back to. Her parents left their country after their business and home were targeted by local terrorists in 2012; the business was burned down and their property was destroyed (this is all a matter of public record) due to her father's involvement in local politics. Her parents moved to the US in 2013 after being petitioned by their US Citizen child (my wife's brother).

    An NTA has not been filed to date. She can't file for asylum (which can only be filed within 1 year of arrival) nor can she file for TPS (country not on designated TPS list) and since AOS was denied due to a misrepresentation claim, we have run out of options.

    I am a student studying outside of the state we live in so she is the only one at home with our 10-yr old son and I live in fear every day they will pick her up and leave my son stranded.

  • #2
    Janebob - Ignore federale86, s/he has a political agenda. There are exceptions to the one-year filing rule for asylum applications and at least one of those (changed circumstances) might apply to your wife's situation. Have you looked into that angle?

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    • #3
      Originally posted by federale86
      Not with a fraud finding.
      There are only two obvious frauds in this thread and neither have to do with an AOS. Janebob- talk to an attorney about eligibility for a waiver to the one-year rule. It may or may not help, but its worth a little time and money.

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