Do I need to withdraw my wife from the asylum appeal?

[Tomcue2 0]

Hello,

 

Two years ago I met a woman from China who originally came to the USA on a tourist visa (nov 2014) and during the 6 months here filed a political asylum case (mar 2015). Her divorce was never completed in China so we thought it best to have her continue with her asylum case. In Dec 2017 her case was denied and subsequently appealed. By March of 2018 she had obtained her divorce in China to her 1st husband and a week later I married her. The appeal hearing for her denial is scheduled for June 29th (in 13 days) back in New York. We are filing for a change of status (due to the marriage) this week. We now live in the Chicagoland area and her original case and appeals hearing is scheduled in New York. Do I need to notify the Immigration Court and/or appear with her in NY or will the mere filing for the change of status be good enough? She has complied with all requests in the asylum process so far so I don't want to create a potential problem for her at this point. 

[Ontarkie 14,234]

This has come up before and it seems that AOS cannot be approved until the asylum case is done. If you withdraw the appeal now it may cause more issues as her case has been denied. You need to speak a few lawyers before doing anything. 

[geowrian 22,337]

Agreed...the asylum case should be addressed first. A denial is not the end of the world, but could result in an NTA or removal proceedings being started, which would definitely complicate matters. Having it deemed frivolous would be even worse.

 

Please seek a good immigration attorney for this case. I do not believe it is a good DIY case.

[Boiler 45,558]

I agree, this is where the Lawyers make their big bucks.

[Tomcue2 0]

Thank you everyone for your input.

 

Here in Chicago i already knew of and are friends of a family who does immigration consulting (Casa Sanchez).  We had seen them already and i have compiled my list of forms and documents needed for the AOS. I however did not hire a separate attorney here. My new wife has her Atty in Flushing, NY and an appeal date so i will most likely just contact him and see about keeping the June 29th appearance date. A trip together to NY shoud be helpful come interview time.

 

I will report what happens here for anyone who might find themselves in this situation in the future. 

 

Tom

[Tomcue2 0]

I just want to update everyone in the rare case that someone else finds themselves in the situation that my wife and I are in.

 

We consulted the Asylum attorney in New York and because my wife  was already in the appeal process (and the hearing was a removal proceedings hearing) we could not simply withdraw with a note to INS based on the marriage and especially with us not being through the i-130 process yet.

 

I flew with my wife to Manhattan and appeared at her hearing. I took a seat in the courtroom and listened as the judge (when she would continue a case) was continuing them for 21 months down the road. Cases will not be heard again until late March or early April of 2020. The immigration system is quite obviously overloaded. 

 

Our attorney applied for a continuance and change of venue to the Chicago Immigration Court system based on my wifes new address and based on our marriage. We requested the continuance so we would have time to get through the change of status process.

 

Again once you're in the appeal process or in a deportation hearing you cannot simply withdraw from the Asylum case with a letter. It has to be done through the courts.

 

I did need to hire an attorney for court in Manhattan that day at a cost of $500 so if you're in that situation expect it.

 

However the attorney after meeting with the judge turned the entire file over to me and explained to me that as long as we get through the change of status process before her next court date that we can withdraw in front of the judge without legal help.

 

Not sure I want go that route but she at least she was honest enough to let me know that.

 

If a chicago based immigration attorney reads this feel free to drop me a note so we can have representation when that day comes. We don't need help with the change of status paperwork as we have already been working with an immigration consultant on that.

 

One last note that surprised even our attorney.  The judge did ask if the husband was present. I stool up and let her know that I was there.  She did not ask me to approach the bench. 

[Dee elle 1,368]

Glad to hear of the good outcomes that seem to be headed in the right direction for you both. 

[TBoneTX 45,329]

Agree with above.  Thanks for keeping us all in the loop.