Legal Question in Immigration Law in California

asylum NIOD

i am f1 , i got NOID for asylum, at the time of interview , officer ask whether to put my wife(F2 visa) name on the list who is with me , then i added my wife name too. After 3 days of NOID that i got letter for finger prints for my wife , but we don't submit the finger prints because we already got NOID. NOW what happen in our case, it almost 1 month that we had sent reply for NOID, we didn't hear anything.

PLEASE help me out, CAn my wife again apply for asylum or me again.


Asked on 1/28/09, 1:24 pm

3 Answers from Attorneys

Joseph La Costa Joseph La Costa, Attorney at Law

Re: asylum NIOD

Yes you can, you should work with an attorney contact us if you are in California

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Answered on 1/29/09, 1:16 pm
Paul M. Heller, Esq. Heller Immigration Law Group

Re: asylum NIOD

The first question to ask is were you represented when filing the asylum claim? Hopefully, you kept a copy of your I-589 and what you submitted in support of your application.

Also, why didn't you go for your fingerprints? Lastly, what was the issue in the NOID?

Please email me directly answers to the above, then call; I'll be more than happy to speak with you about this.

Best,

p

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Answered on 1/28/09, 1:50 pm
Larry L. Doan Law Office of Larry L. Doan

Re: asylum NIOD

You should wait for the response to the NOID on your own asylum case. As for your wife not submitting her fingerprints, well, that was a mistake since there's a chance you could still win. She'll be denied and won't get any benefits as a derivative asylee even if your asylum is approved, unless she asks USCIS to allow a new fingerprint appointment later (assuming you win). But, I would just wait to see what the result of your rebuttal to the NOID is since it's only been a month.

As for your wife filing a separate asylum application, she can only do so if it is within one year of her date of entry to the U.S.

Larry Liem Doan, Esq.

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 1/28/09, 4:33 pm


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