Legal Question in Immigration Law in New York

Political assylum petiton was closed 10 years ago for administrative reason. Can i reopen it now? Can my US citizen brother file for me I-130? I am in the US since 13 years and was not inspected.


Asked on 8/16/09, 4:28 pm

2 Answers from Attorneys

Luba Smal Smal Immigration Law Office

You should consult an immigration lawyer before asking the court to reopen your administratively closed case. Why do you want to reopen it now? Are you eligible for adjustment of status or any other immigration benefits?

Your US citizen brother can petition for you, but it does not give you any immediate right to apply for a work permit or a green card. You will have to wait for your priority date for at least 10-11 years (or longer for some countries, such as Mexico or Philippines).

Web: www.law-visa-usa.com

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Answered on 8/21/09, 4:45 pm
Antoinette Wooten The Wooten Legal Consulting, PC

I would need more information regarding your particular case before I can comment on it properly.

However, as you know, political asylum is something that is granted based on the situation in your country of origin. In other words, has anything changed in the last 10 years in your country of origin that would cause you to be concerned for your safety or life? If things are not still the same or have gotten worse then you would be better off applying for political asylum.

Please note that in applying for assylum you will be reopening your old file.

If your brother applies for you it could take 8 or 10 years.

You did not say how old you are now, but since you have been in the country from the age of 13 years old you will have to tell the immigration service what you have been doing since you came here at your interview.

Patricia Martin-Gibbons

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Answered on 8/23/09, 2:17 pm


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