Can I bring my wife and children onto the United states while waiting for my asylum interview?
I have been in the United states for almost four years now still waiting for my case to come up but no avail, and right now I am so worry about my wife and two children.
Please is there a way I can bring them here while waiting for my pending case to come up?
3 attorney answers
They will not be eligible for a visa because they have to have non-immigrant intent - and the would clearly be intending to remain in the U.S. However, depending on their exact situation, including medical concerns or safety (personal threats and attacks, not general violence), then humanitarian parole or an expedited asylum interview may be possible. This is EXTREMELY rare, and the requirements are really tough, but my firm has helped many people get their interview expedited based on their own medical needs, or the extreme humanitarian needs of their family abroad. It would be worth it for you to have a consultation with an experienced asylum attorney who can learn about your case and your family's situation to see if there is anything that can be done - or at least attempted.
Lindsey Wilkes www.kayiandwilkes.com NOTE: This answer is meant for general purposes only, and my answer does not establish an attorney client relationship between us. This answer is based on very limited information--without a full review of your history. Small changes in the facts can greatly change the answer. Therefore, I recommend that you consult with an attorney so that all of your history and facts in your case can be considered before you make any decisions in your case.
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If you cannot bring them here on a tourist visa you have to unfortunately wait until the positive resolution of your case when your wife and children will be able to “follow to join” you.
We also advise our clients not to just “wait” for the interview - but actively be involved in collecting additional, more current supporting evidence to help you win this case. Many things may change over 4-5 years and you need to document everything.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 26 years of successful immigration law experience. The answer above is only general in nature and 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.
All you can do is contact the UNHCR and make arrangements for them to go to a refugee camp. Then you can file papers for them to join you ... after your asylum case is approved.
Make sure you have a lawyer go to your interview ... having a war going on in your homeland isn't enough to qualify for asylum.
PROFESSOR OF IMMIGRATION LAW for 10+ years, practicing 100% immigration law for over 40 years -- All responses on this blog are offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.