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The differnce between I-730 and I-130. Which is stronger/better for someone ordered deported.
Anonymous2 views5 answers
Lost asylum and later married someone who was an asylee, was it better to have filed the I-730 considering the risk of the deportation?, or wait for citizenship of spouse and then file I-130 ? Any diference between the two options and if alien is detained and deported ,what is better to be going forward with? the I-730 or I-130 through a USC relative petition?
Your question is not clear. However, let me try to be helpful. if you and your spouse both filed independently for asylum, and his was granted (while yours was either denied or granted and revoked), your spouse can file an I-730 for you if within two years of his/her asylum grant. However, I don't understand why you wouldn't have listed each other as derivatives on the applications in the first place. If you married an asylee after asylum was granted, your spouse cannot file I-730 for you. Spouse can file I-130 once he/she becomes an LPR. However, see priority dates on visa bulletin on State Dept website. There are potential risks and benefits re filing an I-130 when spouse is LPR vs waiting until naturalized. Also, if you were found to have filed a frivolous asylum application, you are inadmissible, and could well be placed in removal (deportation) proceedings. You should consult an attorney, as this is far too important and complex for a general website.
uzan deSeguin-HonsImmigration AttorneyDenver, CO ·
For your spouse to be able to file an I-730 for you, you needed to be married before the date asylee status was granted to your spouse. Your spouse also is generally limited to filing an I-730 only within two years of when asylee status was granted.
You should consult with an immigration attorney about the specific facts of the case.
If your asylum was denied you will eventually receive a notice to appear in immigration proceedings - if you haven't already. You will need to have a defense to removal which may be that you are married to someone who has a legitimate asylum claim. However, I do strongly suggest you consult with an expreienced immigration attorney BEFORE you make any decisions.
