I submitted a I-30 petition for my husband and it's been more then a year and we still haven't heard anything. They moved our petition from Texas to "my local office" 9 months ago. I call them and they said they've been waiting for my husband A file (they said this numerous times to me). My husband is ordered removal/deportation and we are waiting for them to give him travel documents to be sent back home (asylum case was denied). Once we are done with I-30 (and is hopefully approved) we will do I-601 waiver. But what is going on? Why are they taking so long? Are they trying to figure out what's going on with my husband status first before making a decision? I don't understand why because he was denied asylum one year ago and been held in a detention center. every since Despair. Please help.
Unfortunately it is common to have delays when an immigrant is in removal proceedings and subsequently has an interview with USCIS. Your husband's A file may still be with the DHS Office of Chief Counsel; or it could have been forwarded on to a central USCIS location. If you do not already have an immigration attorney you should retain one, and your attorney can get in touch with USCIS and the Office of Chief Counsel and track down the A file location and take other steps that are necessary.
Please note that this answer is solely for general information purposes and does not constitute legal advice, nor does it establish an attorney-client relationship. Please discuss your individual situation with an attorney.
A delay like that may be normal for your area, or it may be too long. Given the complexity of his immigration history, I highly recommend that you consult an immigration lawyer in your area about this. If his asylum was denied and found to be frivolous, he won't be eligible for any immigration benefits. Good luck.
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