I-130-Pending Since August of 2003

[Balkan]

I have a complicated situation. I came to the U.S in 2001 illegally( with someone else passport) and I applied for political asylum which was denied in 2003. My husband got his Green Card in 2003 ( His asylum application was approve in 1997), so I applied for an I-130 in August of 2003. The case is still pending 5 years later. The last letter from the immigration office of Vermont says your case was transferred to NYC for processing. This happen in 2005. I have received nothing since.

In the mean time my husband should be getting his citizenship anytime soon now. He is just waiting for the swearing in ceremony. Any advice what I should do now?
Do you think the denial of the asylum case is complicating my I-130? Should I re-apply once my husband becomes a citizen? Anny advice would be appreciated. Thank you.

[Triple Citizen]

Did you apply for asylum under someone else's identity?

I came to the U.S in 2001 illegally( with someone else passport) and I applied for political asylum which was denied in 2003.

[GotPR?]

I don't know if you are considered inspected when you used fake identity upon the entry.
Talk to a lawyer.

[Balkan]

Did you apply for asylum under someone else's identity?

No, I applied with my real identity.

[Triple Citizen]

Exactly the point I was going to make. Plus if the OP has already attempted a failed asylum bid using someone else's identity and USCIS found that out, they will surely come after with hounds and torches.

I don't know if you are considered inspected when you used fake identity upon the entry.

[Triple Citizen]

How exactly did you use someone else's passport? Change of picture or you also changed the biographic information?

No, I applied with my real identity.

[Balkan]

I don't know if you are considered inspected when you used fake identity upon the entry.
Talk to a lawyer.

I am considered inspected. When I went through the court system I proved my real identity and everything.

[Balkan]

Exactly the point I was going to make. Plus if the OP has already attempted a failed asylum bid using someone else's identity and USCIS found that out, they will surely come after with hounds and torches.

No No. everything is under my real name now. When I presented myself to the authorities on the first day I did under my real name.

[Balkan]

How exactly did you use someone else's passport? Change of picture or you also changed the biographic information?

My picture and someones passport.

[Triple Citizen]

Oh ok, so you basically used someone else's passport to leave your country of origin rather than enter the US? Well I would advise you to still use a competent attorney. It will be worth the money. Good luck!!!

[Balkan]

Oh ok, so you basically used someone else's passport to leave your country of origin rather than enter the US? Well I would advise you to still use a competent attorney. It will be worth the money. Good luck!!!

I already dealt with an attorney when I went through the court system regarding the asylum case. When my husband got his GC, I was advised to apply for a I-130 by an attorney. That's where I am now. Most attorneys I talk to advice me to wait until my husband becomes a citizen, but I don't know how that will help me. I also have two U.S born children. I don't what to do.

[Triple Citizen]

After your husband's naturalisation, you will become an immediate relative as far as green cards are concerned. That is how it will help you.

Most attorneys I talk to advice me to wait until my husband becomes a citizen, but I don't know how that will help me.

[Balkan]

I did an info pass appointment and they said they just started processing these kind of cases that were submitted in early 2003 ( mine is in the middle of the year), but I don't if this is true or not. Somehow I don't believe it takes them 5 years to process these cases. Am I wrong?

[PraetorianXI]

Until he becomes a citizen, there is not much you can do... you will not gain any legal status by just filing I-130, which is all you can do... where you put in removal proceedings after the denied asylum case?

[Balkan]

Until he becomes a citizen, there is not much you can do... you will not gain any legal status by just filing I-130, which is all you can do... where you put in removal proceedings after the denied asylum case?

I believe so.

[GotPR?]

I believe so.
What do you mean "I beleive so" ? Do you not know if you are in removal proceeding ? A lawyer did not say anything about it ?
When your asylum was denied, they are supposed to put you in removal proceedings because your presence in the US was unlawful at that time.

[Balkan]

What do you mean "I beleive so" ? Do you not know if you are in removal proceeding ? A lawyer did not say anything about it ?
When your asylum was denied, they are supposed to put you in removal proceedings.

Yes, but I am not sure how that changes the situation. Does it?

[Triple Citizen]

Rather than look for advice on this forum, stick with the professionals. There are too many variables in your case that may hurt you if you do not seek competent legal representation. Good luck!!!

Yes

[GotPR?]

Rather than look for advice on this forum, stick with the professionals. There are too many variables in your case that may hurt you if you do not seek competent legal representation. Good luck!!!

Yep, that's the right thing to do in such a complicated case.

[Balkan]

Thank you all for your comments/advice. I was just trying to educate myself a little bit more before I hire an attorney.