need help from approved I-212's and I-601's

[Felipe]

Grettings everyone:
I'm a citizien from Colombia, strugling to get baxck to my wife and my life (you all know how it is) I was deported in March 2006 Immigration states I stayed illegally but the fact is my assylum case was pending for a veredict at the US 5th court of appeals and still they deported me.
My I-130 was finally approved in October 2006 and I went to my interview with the consul in April 2007 but Immigration denied the I-212. The reason they give me is that the time my case was on appeal before the federal court still counts as unlawful presence! it makes no sense to me but the give me two options:
To appeal the I-212 deicsion or to file the I-601

I would apreciate sincere, honest advice from you guys.

Thanks so much for your answer

[jesuslovesyou]

well


Asylum pending period including fedral court appeal peiod is considered authorised stay only if

1. you have a non firviolous asylum application
2. you never worked illegally during that period
3. you applied for stay of deportation

please check if any of this applies to you i have same issue and counsil never put that as an inadmisability in my application only deportation

thanks

JLU

[Felipe]

Thanks Jesuslovesyou, all those three apply to me. I would like to know what source yuo used for your response, it is very important to me. I really appreciate it jesuslovesyou.

[jesuslovesyou]

google for USCIS memo on unauthorised stay and asylum eception you will find the memo issued by uscis