Houston, TX asked in Immigration Law for Texas

Q: "Was the beneficiary EVER in immigration proceedings?"

I am filling out the I-130 form, my wife entered with a WT visa and during her legal stay she requested political asylum, but she has not yet received any letter to go to court, should I answer yes or no?

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: Based on the information you provided, it appears that your wife has applied for political asylum but has not yet received a notice to appear in court for her asylum case. This means she is not currently in removal proceedings before an immigration judge.

However, since she has applied for asylum, she has technically been involved in an immigration proceeding, even if the case has not yet progressed to the court stage.

In this situation, it would be most accurate and transparent to answer "Yes" to the question "Was the beneficiary EVER in immigration proceedings?" on Form I-130. You can then provide a brief explanation in the space provided or as an attachment, clarifying that your wife applied for asylum but has not yet been scheduled for a hearing or placed in removal proceedings.

It's important to be fully honest and disclose all relevant information on immigration forms to avoid potential issues down the line. If you have any doubts or concerns, it's always best to consult with an experienced immigration attorney who can provide guidance specific to your case.

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