Orlando, FL asked in Immigration Law for Florida

Q: I have a pending asylum case. My parents got US citizenship. As I know they can petition for me as for a relative.

What are cons and pros of it? Will this petition affect my employment authorization? Will it affect my asylum case? Should they do it or not?

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4 Lawyer Answers
Adan Vega
Adan Vega
Answered
  • Immigration Law Lawyer
  • Houston, TX

A: Your U.S. citizen parent can file the FORM I-130, relative petition, on your behalf with USCIS. The filing of the relative petition will not affect the asylum request nor the employment authorization that has been issued to you. The relative petition will also provide you with another option in case the asylum request is not granted.

Good luck to you.

Kevin L Dixler and Stephen Arnold Black agree with this answer

Liliana Gallelli
Liliana Gallelli
Answered
  • Immigration Law Lawyer
  • Napa, CA

A: The family petition by your parents will not affect your asylum case. Be sure to determine whether you are eligible to adjust status (i.e. get your green card within the United States), because if you are not, then you must consular process. Consular process means that you must return to your home country to get the immigrant visa through your parent's petition. If you must consular process (i.e. return to your home country), then yes, the petition will affect your asylum case. In general, if persons seeking asylum return to their home country voluntarily, the credibility and legitimacy of the asylum claim are put into question. Whether you qualify for adjustment of status or have to consular process abroad takes an individualized analysis.

Ana S. Mendieta agrees with this answer

Kevin L Dixler
Kevin L Dixler
Answered
  • Immigration Law Lawyer
  • Chicago, IL

A: I agree with Mr. Vega. I posted an answer to this, earlier. It is unclear whether you will need to return to your home country to consular process. You can fall out of status while you await a final decision on your asylum petition with the immigration court. As a result, I strongly recommend an appointment or teleconference with a competent, ethical and experienced immigration attorney before there are any more complications. Good luck.

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

Kevin D. Slattery Esq.
Kevin D. Slattery Esq.
Answered
  • Immigration Law Lawyer
  • Tampa, FL
  • Licensed in Florida

A: There are many missing pieces of information that an attorney would want to know in order to answer your question thoroughly (e.g., your manner of last entry to the U.S., your age now, your marital status, etc.). You may wish to consider scheduling a consultation with a competent immigration attorney who can evaluate thoroughly your case. Many firms are conducting online consultations via Zoom, Skype and otherwise during the COVID-19 pandemic.

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