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Thread: Voluntary Departure Asylum Application Rejected - Rentry Ban 10 years - Need a Waiver

  1. #11
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    I have never heard of a "false" asylum claim, just a frivolous asylum claim so I'm not too sure what is meant by a "false" asylum claim. This is a great frivolous asylum claim reference from the DOJ: http://www.justice.gov/eoir/vll/benc..._language.html

    If the case was not frivolous, that is good, but a denied asylum case (non-frivolous) will still be an aggravating factor.

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    Denied = False

    Accepted = True

    Frivolous well that is a denied claim with extra issues.

  3. #13
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    Thank you for defining your terms, but they are very confusing. I don't think this is official terminology.

    A denied asylum case is not necessarily "false." Someone could falsify a "true" asylum case. A person seeking relief in the US can still benefit from relief even if their asylum case is denied. The judge may not have found the level of persecution to approve an asylum case, but the judge is not saying their claims are "false." A person with a frivolous claim cannot is banned permanently. A frivolous asylum claim is definitely much more than "extra issues."

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    I don't believe that there was anything frivolous or false about the Asylum application. So if the lawyer has submitted the I-601 how long does she need to wait before she can expect to get a reply?

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    She would have been refused an opportunity to file a waiver if her asylum claim was frivolous. As has been said, a denied asylum claim is an aggravating factor and was hopefully addressed in the waiver, but a denied asylum claim doesn't make anything "false" and it doesn't ban her permanently. See below for processing times.


    Quote Originally Posted by cupcake View Post
    Cases from Colombia are adjudicated in Panama. Their processing time is 4-6 months. I-601 waivers are about extreme hardship suffered by the petitioner.

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    I think that True definitely applies here. She made no false claims.

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    So what was the valid basis of the asylum application?

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    The reason for her filing asylum is not important unless the OP would like to share that type of confidential information.

    The outcome of the case is what is important and the outcome was case denial, not a frivolous claim of asylum, which is good because the OP's wife can file a waiver and still gain immigration benefits.

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    So does anyone have any idea how long the I-601 usually takes to be ruled on up or down?

  10. #20
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    In country seem to take a long time, and I do not think I have seen enough mentioned to have a good idea on specific time.

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