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?

Asked over 1 year ago - Fremont, CA

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

Attorney answers (3)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . 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: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  3. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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: http://www.uscis.gov/portal/site/uscis/menuitem...

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more

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