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Asylum case denied/married to US citizenship/I-130 procedure?

New York, NY |

Friend of mine is a situation needed as much information as possible . Will be greatly appreciated . His asylum application got denied at VIA court , He has appealed AT FEDERAL COURT case was denied . . In the mean time , he got married to a US citizenship last months and they're living together right now . The wife is going to petition I - 130 for him but I understand this is a very tough case . what should they expecting ? ? ? ? ?

SORRY I MEAN BIA COURT NOT VIA... THANKYOU...

Attorney Answers 4


  1. You need to petition the Board to reopen. This will be difficult to do with the 90 days gone, so you need to make a pitch to the government to agree. Once they agree you have a better chance with BIA. Once reopened, you will need to ask for a remand and before the judge you will be able to seek adjustment. No guarantee it will be granted. You are going to need an attorney in NY if you are serious about getting this done successfully.

    www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.For legal advice please contact us directly through one of the above.


  2. Your friend must be subject to a removal order. If his appeal was already denied, he must request proceedings to be reopened through a motion joined by the government. This will be difficult. You should consult with an immigration attorney.


  3. Your friend should hire an attorney to help him. He will need to move that the proceedings be reopened and this motion needs to be joined by the government. You are correct, this is difficult to accomplish.


  4. Your friend needs an attorney to try to reopen his removal order, filing an I-130 alone is not going to do anything at this point. My firm handles these cases in NY.
    Regards,
    Nicklaus Misiti
    212 537 4407

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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