Legal Question in Immigration Law in New York

Hi, I'm in a desperate situation.I am an asylee and have filed for my LPR.My asylee relative petition has been approved for my wife.

My problem is: a have a newborn baby who resides with my wife outside US and the US Embassy did not issue him any kind of visa,since my wife went for the interview after the petition was approved.She is all set and done,but my baby got born after I've been granted asylum and couldn't file the asylee relative petition for him.The law says that babies born after the asylum decision are not eligible for derivative asylum.I read that Humanitarian Parole would be a solution for these cases,but the officer at the embassy claimed that I should file a relative petition for him ,or file for humanitarian parole here in the US.

My question is can my wife file for Humanitarian Parole at the US embassy,or is there any other way

I read that US Embassies abroad are authorized to issue humanitarian paroles.I think this is the mos inhuman decision I ever heard of and it's about my baby.

I would really appreciate any help

(This is what I found on the internet)

QUESTIONS SUBMITTED FOR NSC CONFERENCE CALL

REFUGEE/ASYLEE ISSUES

FEB. 28 2008

5) I-730 CASE or HUMANITARIAN PAROLE? What can be done for the

beneficiary spouse of an I-730 Asylee Relative petition if she gets

pregnant and has a child (from the petitioner, of course) after the

petitioner was granted asylum �therefore this new child is not considered

a derivative- but before she completes the Visa 92 process at the US

Embassy. Does the US Embassy have the authority to parole the

newborn child for him to join the rest of the family in the US?

Answer: If the child was in utero at the time of the asylum grant the

regulations provide benefit to that child as a derivative under 208.21(b). If

the child was not in utero and the relationship with the child was after the

asylum grant, then a I-730 petition can not be filed on behalf of this child.

The U.S. Embassy does have the authority to grant a humanitarian parole

and that would need to be addressed with the U.S. Embassy.


Asked on 6/24/10, 6:33 pm

1 Answer from Attorneys
Charles Medina Law Office of Charles Medina

We suggest you to consult with an immigration attorney to discuss "follow-to-join" option.

You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

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Answered on 6/24/10, 10:51 pm


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