question about political asylum

[teacherlynn]

Does anyone know what someone's status is when they have a pending asylum case? My husband came here illegally but filed for asylum the first year he was here. The entire time he was here he had a pending asylum case. He was placed on an order of supervision and had to report every 90 days. Currently he is in Albania waiting for his interview. I'm trying to figure out if he will be denied because he was here more than one year illegally or if not since he had a pending case and was documented. I'm meeting with a couple of lawyers but if anyone knows anything about this that would be great. Thanks!

[helloyou]

From what I have read, once he applies he is eligible for advanced parole and can apply for a work permit. That would indicate that he is in status since applying.

This might be helpful:
http://www.immihelp.com/gc/asylum.html


Did he get advanced parole before he left the US? It looks like you abandon the application if you leave without advanced permission.

[YRuth]

Yes, he is in status. Once the judge withdraws his asylum or denies it, then he will have two choices. 1) Voluntarly departure or 2) deportation, if he doesn't leave by the given time.

What country is your husband from?

[Pinkpig]

Does anyone know what someone's status is when they have a pending asylum case? My husband came here illegally but filed for asylum the first year he was here. The entire time he was here he had a pending asylum case. He was placed on an order of supervision and had to report every 90 days. Currently he is in Albania waiting for his interview. I'm trying to figure out if he will be denied because he was here more than one year illegally or if not since he had a pending case and was documented. I'm meeting with a couple of lawyers but if anyone knows anything about this that would be great. Thanks!

Asylum is mentioned as one of the things that will not cause unlawful presence.

26. The law also exempts periods of unlawful
presence accrued by certain aliens with bona
fide asylum applications pending,
beneficiaries of family unity protection, and
battered women and children. See
212(a)(9)(B)(iii)(II)-(IV). In addition,
212(a)(9)(B)(iv) suspends the clock -- for
purposes of 9B1 but not/not 9B2 -- for up to
120 days for aliens with pending
applications for extension of stay or change
of status, provided the application has
timely filed and non-frivolous and the alien
did not take up unauthorized employment prior
to or during the pendency of the application.
INS is preparing regulations which
eliminate any unlawful presence if the alien
filed the application in a timely manner,
provided the application was subsequently
granted; consistent with this, aliens should
not be considered to have accrued any
unlawful presence during the pendency of a
successful application for extension or
change of status. If a visa applicant who
otherwise appears ineligible under 9B claims
that he/she benefits from any of these
special exemptions or tolling provisions,
conoff should not routinely query INS but
should
instead place the burden on the alien to
establish the facts which would fit the alien
within the exception.

But it is impossible for us to give you a definitive answer.

You might want to go here and read this official interpretation of the law: http://carlshusterman.com/barmemo.html

[teacherlynn]

Thanks for all of your responses. I'm so frustrated right now. I just met with a lawyer that I was considering hiring to prepare our waiver. He told me that my husband was not in status while his asylum case was pending because he entered illegally. Isn't that when people file asylum? He told me that my husband was deported, even though he left voluntarily at his own expense. Then he had the nerve to ask how me and my husband even could afford to pay for our last lawyer. I had to ask him to repeat the question because I thought I must have misheard him. Then when we were on the subject of the waiver, he told me that I really need medical problems to get it approved. I was trying to explain that I don't have any and therefore am seeking other options. He told me I need to start going to a doctor and getting depression medications. Obviously he is just a rude lawyer who had his mind made up that he didn't want to take our case. It's just that now I'm questioning everything I know about our case. He literally looked at 3 papers from one folder and when I started talking said, no, I know the case, you don't need to explain. I'm sorry, I just had to vent. This guy was so unprofessional and it just made me have a bad day.

[Passion0075]

Where was this lawyer located..my husband is in albania and we are from michigan as well..

[cindy101]

Read my approved hardship letter my husband had the exact same case.

Entered w/ Fraudulent doucuments... filed for asylum, case was denied he was given voluntary departure.

He was 'in status' pending the case.. however, he has the bar for the illegal entry that he has to file the I-601 waiver for. You need to find out if the court gave him voluntary departure at the resolution of the asylum case or a deportation order. that will tell you if you need to file an I-212 in conjunction with the I-601.

That lawyer was a turd, find a new one who knows what they are talking about.

Good luck- hard case, but not necessarilly impossible.