I-30

[Asegu67 0]

I am here in USA America for about 10 years. The USA immigration office put for ward deportation proposal on me and my Asylum application is pending and proceeding the case through appeal.I have got work permit and working for the last almost eight years. While I am her in U.S.A , I married and got two children ,one boy and one girl.My marriage application I-30 is approved and waiting to have green card visa through this scheme/marriage scheme-I-30 petition/. My lawyer have proposed me in the mean time /have advised me/ to go back home and to process the I-30 application to get the visa very rapidly. He said it will be faster ,if I process it going back to my home country. Some of my friends and others advised me to wait and hear the immigration appeal process result and also to follow up the I-30 marriage application result .I am a little bit confused. I would like to know how long the I-30 application result takes? After the marriage application approved how long it takes to have the visa?.Do you think it is worthy to process the I-30 petition going back in my home land as apolitical asylum.It is also hard for me to leave behind my two lovely children. I need your honest and expert based reply.

Thank you.

[Oksana & Max 94]

I am here in USA America for about 10 years. The USA immigration office put for ward deportation proposal on me and my Asylum application is pending and proceeding the case through appeal.I have got work permit and working for the last almost eight years. While I am her in U.S.A , I married and got two children ,one boy and one girl.My marriage application I-30 is approved and waiting to have green card visa through this scheme/marriage scheme-I-30 petition/. My lawyer have proposed me in the mean time /have advised me/ to go back home and to process the I-30 application to get the visa very rapidly. He said it will be faster ,if I process it going back to my home country. Some of my friends and others advised me to wait and hear the immigration appeal process result and also to follow up the I-30 marriage application result .I am a little bit confused. I would like to know how long the I-30 application result takes? After the marriage application approved how long it takes to have the visa?.Do you think it is worthy to process the I-30 petition going back in my home land as apolitical asylum.It is also hard for me to leave behind my two lovely children. I need your honest and expert based reply.

Thank you.

You need to clear some things up. If you are doing AOS, what kind of Visa we are talking about? You will just get your conditional 2 year GC and will need to remove conditions after 2 years. Ther is no need for Visa, as well as there is no need to leave the country as AOS is done within a country.

I am not sure about your asylum case, why would you have an appeal and AOS going together?

[belinda63 3,038]

I guess you are married to an LPR? Then you would need to know, very specifically, if you have accumulated any overstay time. There is no hardship waiver to overcome a ban for overstaying in the US available for a spouse of an LPR. Thus it would be very important if you have not overstayed at this point to leave the US before you accumulate 180 days of overstay time which would trigger a 3 year ban.

If you have already accumulated overstay time of 180+ days you might as well stay and see how the appeal turns out unless of course this would put you into the overstay time of 365+ days which will result in a 10 year ban.

[Deputy Purple 1,294]

For an I-130 to even be adjudicated "in country" you must have had legal entry. How did you enter the US?

If you entered legally then the last thing you should do is leave the US since you have overstayed. Leaving the US will impose a 10 year re-entry ban that will require a I-601 hardship waiver before a visa can be approved for you.

If you EWI'ed then you have no status to adjust from but you mentioned that you have a pending Asylum case. Does your lawyer think you will ultimately lose the Asylum case?

Also returning home after seeking Asylum could been seen as filing a false/frivolous Asylum claim which has it's own punishments from USCIS.

[belinda63 3,038]

Ah but if they are spouse of an LPR a visa number will not be available and they cannot adjust from within the country.

[Deputy Purple 1,294]

Yes, there is a lot of missing information here...