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**veci** · 11-15-2003, 03:01 PM

Hi,
New to this board, and would really appreciate some help. In January of last year, I met my husband. We fell in love and were married in June. At the time his Political Asylum case was pending. He had a lawyer from New York who was working on his case. We told him we were going to get married, and he said to do it ASAP, however he told us that we should not close the Asylum case. I then filed the I-130 for him and we received a receipt on July 14th. We spoke to our lawyer in New York about this and what would be happening now with the Political Asylum Case and the I-130, and he recommended that we get a lawyer hear in our area that new more about the laws in well, our area. We found a lawyer that worked on Political Asylum cases, and I-130, and she told us that we filed the I-130 to the wrong service center. We filed in Nebraska, and it was supposed to go to Detroit. Our receipt number however is from Nebraska. We spoke to our lawyers weeks later, who told us that from Detroit, that the I-130 needed to go to Missouri Service Center.

My husbands Political Asylum case is still pending, and we have filed all appropriate briefs, however we are waiting and waiting and waiting (4 months to be exact) to hear anything from INS and still nothing. Both lawyers, one in New York has sent information about Marriage and I-130 to the people who make the decision about the political asylum case, and lawyer in our area has filed the I-130 stating info about political asylum case. How long does it take to process the Political Asylum case after briefs have been received. Our lawyer in New York has told us that it may take one month or it may take 6months. However if anyone knows anything different, I would appreciate it.

We are now waiting and worrying...because we need to receive something from I-130 before anything is decided about political asylum case.

Does anyone know if we will receive something before the usual year for processing of the I-130 Do we receive an approval letter? and if so how long does this usually take?

Any information would be greatly appreciated. Thanks so much...

**Julie** · 11-15-2003, 03:56 PM

I'm of course not an expert but I always thought that 1-130's were filed at one of four service centers based on the state in which you reside. Either Vermont, Texas, Missouri or Nebraska. Never heard of filing 1-130 at Detroit unless its different because you have the asylum case pending or something. Maybe want to get more feedback from the likes of sammy, pasha, mohan, sab. I'm just a troll..

**SAMMY** · 11-17-2003, 06:01 PM

Veci:

I don't understand why you are asking my opionion, especially when you have two lawyers working on your husband's case. Would my opinion make any difference to your husband's case Now in your mind, or would you follow what I will advise to you here over your attorneys' advise? You are paying money to those attorneys, then why should not you ask these simple questions from them, because you are entittled to have answer on any immigration question that you post to them.

However, I would still give you my opinion. But, you should know that I can not speak for any other lawyers or people, instead I only speak for myself. I always look out the best interest of people instead of extorting money out of people. I will do EVERYTHING for the best interests of my clients.

I don't know why your husband's attorney in NY on his Asylum case asked you guys to have it continued his asylum case after knowing that you guys are going to be married. There is no doubt left in my mind that his asylum attorney only wanted the case to go on, so that he could get money out of your husband. He might also thought that if your husband would have decided to close his asylum case, then maybe your husband would have asked his money back whatever he may have paid already for his asylum case to this attorney. And, it is seemed very obvious and strong to me that your husband's asylum case is in immigration court because you did mention something about filing Briefs. Otherwise, he doesn't need to file any Briefs with INS for asylum case unless INS would ask something in details. So, if your husband's case is in Immigration court, then there is no any specific time frame for a case to be decided. It could take even years if not months. So, don't even expect any thing soon, even if someone [even your attorneys] is telling you something otherwise.

Why are you so much in rush to receive approval of I-130? Don't you know that political asylum case and his I-130 are two different cases, and the interrelationship between these two cases has no any impact on the approval of each other. Your desperate wishing for getting approval on I-130 before asylum case, tells me that his asylum case is a bogus case and you wanted him to get residency anyhow, if not thru asylum then thru you if his asylum gets denied. I just don't understand why people expect everything to be okay after breaking laws or making false claims for any immigration benefits. If your husband's asylum claims is very REAL, then you guys should not be even worried about I-130 or anything thru marriage. He would get residency anyhow thru asylum if his case is so strong and bonafide. But, it suggests something else based upon your desperation for approval of I-130.

I am also confused here, because on one hand you said that you met your husband in January of "LAST YEAR" [which means 2002, because that was the last year], then married in June, but then on another post on other thread you said that you've filed I-130 only four months ago, so I am confused now about this. Are you talking about last year or this year 2003? You should also understand that approval on any application/petition may take place early or later subject to everything goes right in your husband's case. How you even expect to have decision if you filed I-130 only 4 months ago? You can not expect to receive the decision by the processing time just because NOA is telling the processing time. And, why you are so sure that I-130 could definately be approved, instead it still can be denied if something is missing or if INS found something fishy. I can not be sure now that you filed I-130 with its all documentary requirements, especially when you even send to wrong places, so then how can someone be so sure that you have presented your case [I-130] very compelling. The processing of I-130 sometimes takes even 2-3 yrs also.

I believe your attorneys misinformed you and acted in their interests. Your husband should have withdrawn his asylum case immediately before filing I-130. And then you guys could have filed whole AOS paper works together without any hassel. Withdrawing his asylum application would have placed him out of status right away, but it would be okay because marrying with you [USC], his overstaying situation would be forgiven automatically anyhow. If I were in your shoe, I will withdraw asylum case immediately, and file the whole AOS case immediately with local INS office. Because, if your husband is found to be made fraudulent claim for asylum during reviewing his asylum case, then he would be barred for lifetime. Keep that in mind. He doesn't need asylum case now since he can get residency thru you, I meant thru marrying with USC. You better discuss this option with your attorneys or another attorney if your attorneys are telling you something else for their sakes. Good Luck.

**veci** · 11-17-2003, 08:03 PM

First, I would like to say thank you for answering. Second, I understand that you are confused as to why I would ask you these questions, and not ask the attorneys that we are paying. I actually thought that you might say something like this. To be honest, I don't believe that our attorneys have been helpful at all. They have basically told us to be patient, and wait.

I do not know why my husbands lawyer told him to continue with the Political Asylum case, but we continued with it, because we were told that we could not close the case. My husband's political asylum case is what is keeping him here in the United States legally. Our I-130 has not been approved, and that is why we are waiting impatiently to get it approved. We don't know what will happen if the Political Asylum Appeal is denied, which is very difficult to win in any situation.

My husband has appealed his Asylum Case. We have already gone to Court. This is an appeal. I don't know if I made that clear. All briefs have already been sent. I also do know that the Political Asylum case and the I-130 are different cases. I don't think that I gave the impression that I didn't know they were different cases.

Me and my husband met January 2003. We will be together a year this January 2004.

I was lead to believe that people receive 2nd NOA's after 4-6 months. I know that people should not assume that their I-130 will be approved, but there is nothing fishy in our filing, because we are being honest.

Thanks for your help, and we will discuss with our attorneys about closing our Asylum case.

**SAMMY** · 11-17-2003, 09:17 PM

Veci:

As you know, you did not say before anything about Appeal. But, I already realized it when you mentioned something about filing Briefs. This is the first time you ever mentioned about appeal on asylum case. Now, it becomes more clear to me WHY the attorney on your husband's asylum case did not want to close the case. As well, it's also not true that your husband can not close his asylum case, instead any case can be closed anytime when it is withdrawn before it's adjudication or finalization. Attorney misinformed you, so now it is up to you-how more you want to believe on him when he was not truthful from begining in your husband's case.

I did not say that something is fishy in your case, or you are not honest on I-130, instead I was just referring that when you can make a mistake in filing I-130 at wrong place, then it might be possible that you might have missed out something there on the petition, which may delay or deny your I-130. People do get denial on their cases everyday even though they are honest about the information on I-130, and I just want you to know that. You can not expect to have decision on I-130 regardless of what your NOA is stating. It's been just 4 months only since it was filed anyhow. As far as his appeal on Asylum case is concerned, then case can be dragged for years. He never had any status thru asylum case. Everyone is allowed to stay until a case is finalized in courts. He was entittled to have EAD, SS# and driver license once a asylum case is filed, but it is not a legal status like permanent status.

The reason for me telling you that Asylum and I-130 are two different cases, so that you could have decided one on another, based upon its success rate. You can not have two cases opened at the same time. One has to go. I hope that you would make a right decision now, but fast. Good Luck.

**veci** · 11-18-2003, 12:32 PM

Thanks again for your response. Sorry, I thought for certain that I had mentioned that this was an Appeal on my husband's Political Asylum case. Regarding closing the Political Asylum case, we have been informed by three different lawyers that they would not recommend closing it. I also was confused about this, but that is what they told us.

Thank you for clearing up the fact that many people receive denial of their I-130, because something is not filled out right, etc. I understand that this can happen. In terms of the Political Asylum case being dragged on for years...I am not so sure about that. Our lawyer in New York has told us that this used to be the case, but this was prior to September 11, and that currently Political Asylum Appeals are moving along more quickly, and that means anywhere from 1 month to 6 months, depending on the case. I am not trying to disagree with you, I appreciate your opinion, and that is why I asked for your help, but this is what I have heard from our laywer, and what I have researched online.

Regarding having two cases opened at the same time... This confuses me a little, because currently we DO have two cases open. They are both different. Our lawyers have sent paperwork. Our lawyer in New York has sent paperwork to where Appeal paperwork must go stating that we have filed the I-130, and our lawyer here in Michigan has sent paperwork to Detroit (Detroit sent to Missouri) that states what is happening with the Appeal on Political Asylum case. So I think that Immigration is aware that two cases are open. I understand that one must go, but that is dependent on when we get the decision on the Appeal, or when we get a response from the I-130.

Thanks again for your help.

**tld** · 11-18-2003, 06:26 PM

I am not sure at what point your asylum case was denied, but your attorney in NY is correct. First, when a person files for asylum the period for counting for unlawful presence ends. Your asylum case to the Board of Immigration Appeals can take years. You can't withdraw your asylum case at this point, because presently you do not have any other form of relief available to you. It would be helpful if your I130 was approved then your attorney can do a motion for a remand back to immigration court for the purpose of adjustment of status. Thus, your attorney was not trying to misguide you.

**SAMMY** · 11-19-2003, 11:34 AM

Veci:

It would not have made any difference whether or not any other relief available to your husband if his asylum application would have withdrawn before filing I-130, because he was entitled to immigration relief anyhow thur you, I meant-based upon marrying with USC. If he would have withdrawn his asylum application, nothing would have happened. INS would just have sent a letter to him to leave, that is. It won't be considered a deportation letter. If somebody is telling to your husband that he can not withdraw his asylum case, then they are completely wrong. I've known many people who had filed asylum cases, and got denied by INS and IJ, then they had filed appeal so that they could stay here for the time being, but meanwhile they got married with USC, so they withdrew the asylum case and then pursued on their marriage based cases. Marrying with USC would forgive automatically their illegal or unlawful status here. And that's how, they were able to get their residence directly from INS, instead of IJ. Because there were no deportation order or removal proceedings against them. Like I said earlier to you, I don't care what other attorneys or other people would have told you or are telling you, I speak to myself based upon my own knowledge about facts, laws, court-cases, any my experiences in dealing and handling those types of cases.

Now, when your lawyers are telling you that your appeal would take upto only 6 months, then you should let it continue regardless of impending I-130. If meanwhile, you get approval on I-130, then case can be remanded back to IJ, where IJ has the authority to grant residency to your husband. So, I guess your husband has two chances now to get residency, either based upon asylum or thru you. But, BIA or Federal courts very hardly grant asylum cases if Immigration judge has already denied it. I meant-most of time-they are only a rubber stamp, but not all the times. You have to understand that if BIA or anyone makes a decision in your husband's favor, then INS may also appeal that decision to prohibit your husband to get residence.

The reason I said that your attorneys misguided you because you said that they were told by those attorneys that asylum case can not be closed. But, the fact is -it could have already been closed when IJ denied it if your husband would not have filed appeal. The fact is- you guys would not have needed to spend money on appeal process or dealing with immigration court, if his asylum case would have withdrawn, because then he can continue his marriage-based case directly with INS in a efficient manner like others. Good Luck.

**veci** · 11-19-2003, 11:00 PM

Tld, thank you for your response. I appreciate it greatly.

Sammy, thank you again for your response. I appreciate your opinion.

Can either of you help with these questions?

I guess what me and my husband are concerned about is the fact that the Appeal on his Political Asylum case may take anywhere from 1 month from what we have been told or 6 months. What we are worried about and question is "What happens if the Appeal moves more quickly than the I-130?" If they give him deportation what do we need to do? What happens after this? This is why we are so worried. We know that the Asylum Case is very difficult to win, however we have hope, because we are praying that the I-130 will be approved.

Thank you very much.

**SAMMY** · 11-19-2003, 11:24 PM

Even if I-130 gets approved before the decision on his appeal, he will still face the IJ for residency.

But, if his appeal is decided first in denial, then he would just get denial letter that would tell him to leave the country because he would not have any legal right to leave here after that. But, he doesn't need to worry as long he won't come in the eyes of any law enforcement agencies or INS. And when your I-130 gets approved, then he can file I-485 with work permit. Then he will be okay. Keep in mind that there is a difference between 'denial letter' and 'deportation letter'. As long he doesn't get deportation letter, INS can adjudicate his I-485 [green card application], otherwise he would be presented in front to IJ after being placed on deportation proceedings again, wherein he can ask the judge to grant him residency based upon approved I-130. But, you should know that IJ will not be obligated to grant him residency even if your I-130 gets approved. IJ can still ask him to leave the country and process the paper work at oversees at his country. In that case, your husband might be subjected to 10 yrs bar if he was out of status for certain periord before filing his asylum application. The periord since asylum case is started upto final decision, won't count towards unlawful presence. Good Luck.

**reina90** · 11-20-2003, 11:07 AM

It took us 18 months to get an approval. People who think the Immigration process is so quick make me wanna ............

They think things are just so quick and easy all you gotta do is file papers, what a crock! One lady was saying they should have a decision on their AOS in 3 months, they just filed, same kind of case as I, and we have been waiting almost 2 years......never believe the time frame, it changes constantly!

**veci** · 11-20-2003, 12:43 PM

Thanks for all the information Sammy.

My question is why does one get a 'deportation letter' and one receive a 'denial letter'? I know from what you have written that they are two different things, however I am still uncertain as to why one receives one or the other. Does one receive deportation in the case such as my husband's if they only have done something wrong in the eyes of law enforcement agencies or INS? Because if this is the case, we don't need to worry. However, I am not sure when one receives one or the other.

We were worried about the 10 year bar, but from what you have written it seems that this doesn't apply to us. My husband applied for Political Asylum before the one year timeline, and was here legally before that.

I realize that with Immigration, nothing always goes one way. I guess we just have to wait and see how things go, and be patient.

Thanks again

**tld** · 11-21-2003, 11:08 PM

If your case gets denied by the Board of Immigration Appeals then that is considered a final administrative order under the immigration regulations. Sometimes the Board might grant a period of voluntary departure if this was requested before the Judge. But the effect of a denial by the Board of Immigration Appeals is a deportation/removal order.

**Jimmy** · 11-22-2003, 06:34 AM

Veci, I'm facing same problem, Infact i got married under 245(i), but still there is no result...And don't ever forget to hire a BEST lawyer...don't go for cheap and cheat lawyer who only want money from you and no real advise. I wish you good luck again!

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