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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 11535
Experience:  Write FOR JAMES to get my help!
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US RESIDENT AND FILED A FORM I130 7 YR OLD CHILD WHICH WAS

Customer Question

I AM A US RESIDENT AND FILED A FORM I130 FOR MY 7 YR OLD CHILD WHICH WAS APPROVED. I AM WAITING FOR THE INTERVIEW WHICH COULD TAKE A LONG TIME, MY CHILD'S FATHER WAS KILLED IN HONDURAS BY GANG MEMBERS AND MY SON IS WITH GRANDPARENTS WHICH CANT TAKE CARE OF HIM ANYMORE. CAN I FILE FOR SOME TYPE OF ASYLUM AND BRING HIM HERE WITH VISA UNTIL HE GETS APPROVED FOR GREEN CARD OR I BECOME A CITIZEN
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Expert James replied 9 months ago.

Hello! Thank you for using Just Answer. I am James, and I will be assisting you. As we work through your questions, think about this as a back and forth conversation. Once you've received the information you need, you can thank me by issuing me a positive rating of 3, 4, or 5 stars. This is the only way I get credit for doing my job, so please do not forget this before leaving the site.

ANSWER: Asylum is one way to get a green card, and it can only be requested from inside the US. It will not be granted as a way to bridge the gap of time between filing the I-130 and waiting out the green card process. If he gets asylum or refugee status, it will be the basis of his green card, not your I-130 petition. I don't know the specifics and I don't have enough information here to tell you if he qualifies. But I do know that asylum/refugee status is based only on persecution or a well-founded fear of persecution, based on political opinion, race, ethnicity, religion or membership in a particular social group. And he has to show that the government persecuted him, or is unwilling or unable to protect him from persecution on that basis.

The only other option would be to bring him here under humanitarian parole. Here is information on that: https://www.uscis.gov/humanitarian/humanitarian-parole

This is a completely discretionary basis and there is no appeal if it is denied.

I hope that answers your questions. Please help me get credit for doing my job, by giving me a positive rating of 3, 4 or 5 stars or any of the smiling faces. You can still ask more questions even after giving a rating.

Expert:  Expert James replied 8 months ago.

Hi, I’m just checking in to see how things are going.

I see you have reviewed my answer but I have not yet received a rating for my customer service. Do you need more help or need me to explain anything else? Please respond so that I know what to do next.

Thank you.

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