Norman, OK asked in Immigration Law for Oklahoma

Q: My husband has been going through immigration court his attorney told the judge my husband would be applying for asylum

Even tho I am a us citizen his wife and we have a child together we have filled out the i-130 on 10/29/18 we have not heard anything back. Fyi the attorney was the one who told us to fill it out and submit. My question is was the attorney doing good in saying my husband wanted asylum when the atty was already aware we had filled out the i-130? & would that stop the process from us getting any type of notification back from the i-130? Should I seek a different attorney

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3 Lawyer Answers

Sheri A Benchetrit

PREMIUM
Answered
  • Immigration Law Lawyer
  • Fort Lauderdale, FL

A: I would need more information in order to give you a proper answer. I can tell you that if the I 130 was filed while your husband was in immigration proceedings, it will take a very long time (as much as a year or more) to receive an answer. This is because the matter is sent to a specific unit of immigration that handles I 130 petitions while the non citizen spouse is in immigration court. Also, very often immigration judges and the attorneys for the government will not agree to a delay of proceedings in order to allow time for the petition to be approved or denied. As a result, it is often a good idea to file any and all defenses that you might have. I cannot tell you whether the asylum case is strong or will be successful. For that I would need to have more information. The filing of the asylum case should not affect the pending I 130. And, yes, when you filed the I 130 in October, you should have gotten a receipt notice. Ask the attorney for a copy.

Kevin L Dixler

Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: Your attorney may be doing all that is possible. The I-130 requires consular processing. He may need a waiver of inadmissibility for unlawful presence, but more information is needed. If there is a communication gap or you do not understand, then to figure out if your attorney is doing all that can be done, get a second opinion. Bring all the documents that you have to the other attorney.

Again, I strongly recommend an appointment with a competent and experienced immigration attorney before there are any other complications. Be prepared to pay for that appointment or you may get more promises and continued confusion that deteriorates your confidence. perhaps. Good luck.

The above is general information, not legal advice, and does not create an attorney client relationship.

Kevin L Dixler

Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: A minor detail; the I-130, alone, without a lawful admission, usually requires consular processing.

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