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Asylum Pending & I-130 (Please help)

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  • #16
    tld,
    Thanks for your response. Do you know what will happen with our I-130 if my husband's Political Asylum case is denied? And, is it likely that the I-130 will get approved before there is a decision on my husband's Political Asylum Appeal.

    Jimmy,
    Thanks for your response, and the good luck. Good luck to you too. I am not sure what a 245 (i) is, can you tell me? Do you also have a Political Asylum Appealing?

    Comment


    • #17
      This is basically what me and my husband are worried about and would like answers to. I would like to know what happens with my husband if the Political Asylum Appeal moves more quickly than the I-130, and he gets a deportation notice, can he still remain in the U.S. because he is married to me (USC) or does he have to leave the United States? If not what other options do we have. What else can we do? I would really appreciate it if someone could help and was knowledgeable about this.. Thanks so much,
      Veci

      Comment


      • #18
        Does anyone have any answers to these questions? I would really appreciate it.

        Comment


        • #19
          Veci, lemme tell you my story...we have kinda same case... i was brought in US when i was a kid. So i was a rider under my dad. His asylum case was denied by court/5th circuit court means he is facing deportation and since me and my bro are his rider we also facing that. But we both are married like you. I dunno what gonna happen now? My lawyer telling me his gonna file joint motion.

          SAMMY do you have any idea whats gonna happen next?

          Comment


          • #20
            Veci, ask your lawyer to file a JOINT Motion for your man. Joint Motion may help him. Good luck again!

            Comment


            • #21
              Just ***ping this message...

              Comment


              • #22
                Why won't it let me write this word? I just want to keep this message going, because I would appreciate it if anyone knew anything.. Thanks.

                Comment


                • #23
                  Veci -

                  Our case is very similar to yours. I will outline for you how things have progressed for us. Perhaps that will help. All I can tell you is that you should not expect a quick resolution to your problems.

                  When I met my husband, he had a political asylum case pending. In December 1999, asylum was denied.
                  In January 2000, he appealed the asylum case to the BIA.
                  We were married in April 2000.
                  We filed the I-130 in August 2000. Then we waited.
                  In October 2002, our attorneys filed a motion to remand the AOS case to the IJ.
                  In April 2003, the BIA dismissed the asylum appeal so the removal order became administatively final. They also denied the motion to remand because the INS claimed (incorrectly) that my husband was subject to the 2 year foreign residency requirement and he didn't have a waiver.
                  In May 2003, we filed a motion to reconsider with the BIA with proof of the existance of the waiver of the foreign residency requirement.
                  June 2003, NTA was issued and my husband surrendered to the service and was taken into custody. The BIA issued a stay of removal.
                  Finally in September 2003 we had our I-130 interview, 38 months after we filed the I-130.
                  November 2003, the I-130 was finally officially approved.

                  So today, we are still waiting for the BIA to rule on the motion to reconsider and my husband is still in custody. We live in No. California and we are dealing with the San Francisco office. Your I-130 petition is most likely being handled by the Marriage Fraud division and my guess is that it will take a long time before you will be scheduled for an interview. I'm certainly no immigration expert, but I thought that our experience might give you some idea about what might happen. I don't mean to scare you, but this could be a very long, drawn out and painful experience.

                  WB

                  Comment


                  • #24
                    WB,
                    Thank you for your response. Your case sounds very similar to ours, however I don't understand some things that are involved with your case. You say that "in October 2002, our attorneys filed a motion to remand the AOS case to the IJ." I don't quite understand what this means. Could you explain? Also you say:
                    In April 2003, the BIA dismissed the asylum appeal so the removal order became administatively final. They also denied the motion to remand because the INS claimed (incorrectly) that my husband was subject to the 2 year foreign residency requirement and he didn't have a waiver. I am not sure what the 2 year foreign residency requirement is. I also don't understand why your husband had to be taken into custody? My husband had a political asylum case. It was denied, and then my husband's laywer appealed. We were then married and filed the I-130 and are waiting. The cases do sound similar, but there are many things such as the motion to remand AOS case, the 2 year foreign residency requirement, etc. that do not sound at all familiar to me. These don't seem to be things that we have done.

                    Could you explain more...

                    Comment


                    • #25
                      Veci -

                      I'm not sure that I totally understand the motion to remand "thing". My understanding was that it was filed at that time because the service was taking so much time in processing the I-130. I think that usually you would wait until the I-130 was approved and then file the motion to remand. The USCIS has to approve the I-130, but since my husband was in removal proceeding when we got married,AOS can only be granted by the IJ. I've always been a little foggy on this issue. I just know that after we had waited two years for an interview, our attorneys thought that filing the motion to remand was in our best interest.

                      The waiver of the foreign residency requirement probably doesn't apply to you. My husband entered the US in 1988 on a J-1 student visa. One of requirements of that visa was that he return home to his country for at least two years. That requirement can be waived and he applied for and received a waiver back in 1997.

                      Regarding the custody issue, when the BIA denied both the asylum appeal and the motion to remand, my husband's deportation order became administatively final. There is a manditory 90-day detention required under the '96 immigration act. I believe that the reasoning behind it was that people tended to "disappear" once an order of removal became final. We attemped to try to get him released on bond after the 90 days was up, but no such luck. In addition to the motion to reconsider, we also filed a petition for review of the asylum case in the 11th circuit court of appeals. The ICE claims that my husband is a flight risk because we have little chance of prevailing on the 11th circuit case. They just chose to ignore the fact that we have an unopposed motion to reconsider with strong factual evidence supporting it pending at the BIA. In addition, they decided that he is a danger to society based on some false spousal abuse charges that were made by his ex-wife in conjuction with their divorce. All charges were dismissed because they were simply not true. But in this case, the service treats him as if he is still guilty even though the charges were dropped. Be aware that my husband is an Arab Muslim and I believe that that has a lot of bearing as to the fact that he is still in custody. If he were a Christian, I'm sure that he would have been allowed to bond out.

                      At this point, all we can do is wait for the BIA to rule. Assuming that they rule in our favor, we will see the IJ and hopefully he will recieved his AOS. So we wait some more.

                      I know that it is really hard to wait and I know how scary it is. But unfortunately, waiting is what you must do. Hopefully your interview will happen much quicker than ours. And don't worry about the interview. If you are really married, it will be a breeze. Stressful, but easy. Ours was a Stokes type interview (they interviewed us separately and videotaped it) but we know everything about each other and our answers were virtually identical to some really off-the-wall questions that neither one of us had even thought to prepare for.

                      Hopefully my answers helped.

                      WB

                      Comment


                      • #26
                        WB,
                        Thank you so much for your response. Yes, I will agree with you that it is very hard waiting patiently to hear anything from Immigration.

                        So, my understanding is that your husband had a political asylum case which was denied by the IJ, he then appealed, and you were married after that. You filed an I-130, but in the meantime, your husbands appeal was denied. Oh my gosh, I can't believe that you had to wait two years for your interview. Actually, I am not surprised. I have heard many cases like these.

                        I thought that the waiver of the foreign residency didn't sound familiar to me. That is where are cases are a little different. Also, the motion to remand is different.

                        So, your husbands political asylum appeal was denied before your I-130 was approved, correct? Can I ask you how long the decision took for them to decide on the political asylum appeal?

                        I hope that we will hear something soon, although it has only been 5 months since we filed our I-130. I am sorry that they gave you such a hard time. I can see what you're saying about them giving you two a hard time, because your husband is Arab Muslim. I wish you good luck! and hope that everything goes well.

                        I have heard about interviews. They seem scary, but I believe that we will be fine, because we are really married, and know each other.

                        Thank you very much for your help,

                        Veci


                        Veci -



                        Regarding the custody issue, when the BIA denied both the asylum appeal and the motion to remand, my husband's deportation order became administatively final. There is a manditory 90-day detention required under the '96 immigration act. I believe that the reasoning behind it was that people tended to "disappear" once an order of removal became final. We attemped to try to get him released on bond after the 90 days was up, but no such luck. In addition to the motion to reconsider, we also filed a petition for review of the asylum case in the 11th circuit court of appeals. The ICE claims that my husband is a flight risk because we have little chance of prevailing on the 11th circuit case. They just chose to ignore the fact that we have an unopposed motion to reconsider with strong factual evidence supporting it pending at the BIA. In addition, they decided that he is a danger to society based on some false spousal abuse charges that were made by his ex-wife in conjuction with their divorce. All charges were dismissed because they were simply not true. But in this case, the service treats him as if he is still guilty even though the charges were dropped. Be aware that my husband is an Arab Muslim and I believe that that has a lot of bearing as to the fact that he is still in custody. If he were a Christian, I'm sure that he would have been allowed to bond out.

                        At this point, all we can do is wait for the BIA to rule. Assuming that they rule in our favor, we will see the IJ and hopefully he will recieved his AOS. So we wait some more.

                        I know that it is really hard to wait and I know how scary it is. But unfortunately, waiting is what you must do. Hopefully your interview will happen much quicker than ours. And don't worry about the interview. If you are really married, it will be a breeze. Stressful, but easy. Ours was a Stokes type interview (they interviewed us separately and videotaped it) but we know everything about each other and our answers were virtually identical to some really off-the-wall questions that neither one of us had even thought to prepare for.

                        Hopefully my answers helped.

                        WB

                        Comment


                        • #27
                          Veci -

                          We actually waited 38 months for our interview! Even our attorneys were surprised that it took that long.

                          Yes, my husbands political asylum appeal was denied about seven months before the I-130 was finally approved. The appeal of the political asylum case took almost three years, but my understanding is that things at the BIA have changed since we filed and that your appeal shouldn't take so long. However, our attorney seemed to think that the BIA would rule on our motion to reconsider in about 4 months, and it has been 7 months and still no answer.

                          Good luck. Hopefully you can get everything resolved fairly soon. Most days, I don't have a lot of hope regarding our situation. I'm not sure how much longer my husband can deal with being detained. We are seriously considering giving up and trying to go to Canada. All I know is that each day he spends in custody is one more day that we will never get back. It make you start to wonder whether trying to stay in the US is worth it....

                          WB

                          [This message was edited by WB on December 06, 2003 at 07:21 PM.]

                          [This message was edited by WB on December 06, 2003 at 07:22 PM.]

                          Comment


                          • #28
                            WB,
                            Thanks again for your response.

                            I can't believe that you had to wait 38 months for an interview! I also can't believe that your husbands political asylum appeal was denied seven months before the I-130 was finally approved. This is what we are impatiently waiting for (Our 2nd NOA letter to come). However we are worried that like your husbands case, that the political asylum appeal will be denied before that I-130 is approved. It is also my understanding, through my husbands laywer that political asylum cases use to take anywhere from 3-5 years, and that currently they are moving more quickly. Our laywer told us that we should hear something anywhere from 2-6 months. We also don't know what will happen if the political asylum case is denied before the I-130 is approved. It seems that your husband case was a little different than ours in this area. This is what concerns us.

                            So, your husband is still being detained? Excuse me for my ignorance, but what does this exactly mean? I don't understand exactly why he is being detained. If his political asylum case was denied, and you also had an I-130 approved, than why is your husband still being detained?

                            I think that you should still be hopeful, and I also wish you good luck.

                            Veci -

                            Comment


                            • #29
                              Veci -

                              When I say that he is being detained, I mean that he is locked up in jail. The first three months he was in Yuba County jail and that is one of the better detention facilities. Unfortunatly, he was moved to Santa Clara County jail (San Jose, CA) in September. That place is a hell hole.

                              As to why he is being detain....Under the 1996 immigration act, there is a manditory 90-day detention when an order of removal becomes final. The denial of the asylum appeal was the trigger for the removal order that was issued when the asylum case was originally denied by the IJ to become final. (The removal order was suspended while the appeal was pending) The only reason that he hasn't been removed is because the BIA issued an emergency stay of removal. So, until the BIA rules, the ICE can't send him home. If the BIA rules in our favor, the order of removal will no longer be final and he should be able to bond out of jail while we wait for our hearing before the IJ. If the BIA rules against us, the stay of removal will be lifted and he will be sent back to his home country. While the approval of the I-130 is a positive step, it does not grant the AOS. The IJ must grant the AOS.

                              According to the service, he is still being detained (past the 90 days) because he is a flight risk and a danger to society. That isn't true and the ICE knows that. The real reason (in my opinion) that he is still being detained is because he is Arab-Muslim. The service plays real hard ball with some people. They will keep them in custody just to try to "break" them. And a lot of them do break. Many of the guys who have been locked up with my husband just give up and sign their deportation papers. And perhaps they will break my husband. Each day that they hold him is just one more day that we will never get back. On the other hand, it really is impossible for us to live in his country. He is way to westernized to go back home again. And it goes without saying that I will never fit in. So we are trying to be patient...but I am laying the foundation for us to go to Canada under the skilled worker program.

                              Veci, I don't want to scare you, but I think that you could end up in a similar situation if the asylum appeal is denied before the I-130 and the AOS is completed. Talk to your attorney. Obviously, I'm no immigration expert. I've had a terrible time getting good information out of our attorneys. In their defense, however, things have been constantly changing since 9/11 and sometimes I don't think that the attorneys have any idea what to expect. Hopefully your I-130 will be processed quickly and the asylum appeal will get held up at the BIA.

                              WB

                              Comment


                              • #30
                                Every muslim in dentetion i've read .. has signed to fly back home. They fly back. Print out a fake canadian b.c. on their computer. Fly to Canada, flush the fake bc, and when they arrive -- immediately apply for asylum. Knowing full well, that even *IF* the asylum claim is rejectd -- canada never deports anybody and just tells you to leave.

                                THOUSANDS of arabs have already done this since that SRegistraton was announced. And Canada's too stupid to do anything about it. So all we know, there could be tons of Al Qaeda folks in CAnada now.

                                -= nav =-

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