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Asylum Pending & I-130 (Please help)

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  • veci
    replied
    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

    Leave a comment:


  • WB
    replied
    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

    Leave a comment:


  • veci
    replied
    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...

    Leave a comment:


  • WB
    replied
    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

    Leave a comment:


  • veci
    replied
    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.

    Leave a comment:


  • veci
    replied
    Just ***ping this message...

    Leave a comment:


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

    Leave a comment:


  • Jimmy
    replied
    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?

    Leave a comment:


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

    Leave a comment:


  • veci
    replied
    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

    Leave a comment:


  • veci
    replied
    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?

    Leave a comment:


  • Jimmy
    replied
    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!

    Leave a comment:


  • tld
    replied
    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.

    Leave a comment:


  • veci
    replied
    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

    Leave a comment:


  • reina90
    replied
    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!

    Leave a comment:

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