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How do I file a I-130 Petition for Relative for a relative who is in the US and who has already filed for asylum?

Fremont, CA |

On question #16, do I need to answer "yes", have they been under immigration proceedings?

Attorney Answers 3


By simply sending in the I-130 petition on behalf of the intended beneficiary.

The answer to question 16 of the Form will depend if the individual in question has already has
his/her case denied by the local asylum office and "referred" to immigration court, where he Le she has been placed under removal proceedings. If that is the case, you then answer "yes". If the case is still pending at the asylum office, then the correct answer is "no".

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Just file the I-130 with the USCIS. You can answer "no" to question 16 unless the person is under removal proceedings.

Please click the link below for additional information.

Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Know Your Rights!
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: (English) (Spanish)

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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File I-130. If your relative has in fact NOT been in removal proceedings, you would anser "no" to question 16. Here is a link for the petition:

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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