I-131 rejected 5 times!!! Asylum status, I-485 pending

[Eliza Volotko 4]

Hello everyone!

I don’t even know how to explain this..

A year ago, me and my father applied for Green Card (I-485) after 1 year of Asylum granted. I paid fees for I-485, but my father didn’t, because he had low income the year before and he provided everything to prove it. We waited for Receipts and everything was fine. After receiving receipts we did copies and both applied for Travel Document (I-131). We all knows that I don’t need to pay fees again if I paid fee for I-485. But my father paid for I-131 ($220), of course, cause he didn’t pay for I-485. 
USCIS accepted my application with no problem, BUT my fathers application they rejected already for 5 times!!! Maybe already more… Reason: the payment amount is incorrect. …

So every attorney can say nothing - “you did everything right I honestly don’t know why they keep rejecting his application” and already 100 times I called USCIS contact canter and they telling me the same. I even spoke two times with Immigration Officers (they called me back after my request and surprise! They told me the same thing: ma’am, everything is fine with your payment - just try again)…

Honestly, we tried so many different ways.. We tried so send applications with Money order, checks, form G-1450 (authorization for credit card) and even 2 times we didn’t send anything, because from I heard sometimes USCIS deciding that you don’t need to pay anything…

So.. nobody can help us, nobody knows what to do and I’m already so tired to try again and again this whole year.

Travel Document is most important thing for my father right now, because already for 4 years he can’t see his wife! And you know why? Because our case I-730 (petition for relatives) is also pending for 2 years already and our case outside of normal processing times too. And when you filing a request about that - USCIS ignores. Just like that simple. What a magic. 

 

If anyone knows what to do in this situation - I will be so so so thankful… I don’t really know what to do anymore….

 

Thank you and sorry…

[millefleur 5,035]

Tagging @HRQX as maybe he can weigh in. We don't see a lot of asylum cases here on VJ. The problem sounds really weird.

 

Only thing I can think of: get help via the USCIS ombudsman, if you haven't tried already?

https://www.dhs.gov/topic/cis-ombudsman

 

There's also trying to reach out to your local senators and congressperson for assistance.

[Boiler 43,433]

Is his wife in his home country?

[Eliza Volotko 4]

@Boiler yes, she is in his home country. 

[Boiler 43,433]

11 minutes ago, Eliza Volotko said:

@Boiler yes, she is in his home country. 

The country he swore on oath he had to flee from?

[Eliza Volotko 4]

@Boiler of course. Why? 

[Boiler 43,433]

I thought that would be self evident.

 

Anyway he obviously needs a lawyer.

[Eliza Volotko 4]

@Boiler he came without her, she’s never been here and in USA we have I-730 for that situation. 
There is nothing about lawyers. That’s situation is showing that USCIS still keeps this I-730 case pending, and not only ours. 

[Eliza Volotko 4]

@millefleur thank you so much for your information! I will try everything I can.. 

[millefleur 5,035]

@Boiler raises a good point. This page might be helpful:

https://www.uscis.gov/green-card/green-card-processes-and-procedures/travel-documents/emergency-travel

 

Quote

Asylum applicants, asylees, refugees, and lawful permanent residents who obtained such status based on their asylum or refugee status are also subject to special rules with regard to traveling outside the United States. Additional information regarding traveling outside the United States as well as the consequences that could result if an asylum applicant, an asylee, a refugee, or a lawful permanent resident who obtained such status based on his or her asylum or refugee status returns to his or her country of claimed persecution may be found in the Fact Sheet entitled Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status (PDF, 45.16 KB).

I would double check that traveling to the home country is safe because it sounds like there are possible consequences for that. Perhaps he should rather meet his wife in a 3rd, neutral country that is safe and would not void his asylum application or put him under scrutiny.

[Eliza Volotko 4]

@millefleur @Boiler nobody is traveling to the home country. We don’t need it. 
We know all of the rules. 

like I said, my mother still live there. She is never been in USA! 

[Eliza Volotko 4]

@millefleur @Boiler and nobody is planning to do that. My father needs Travel Document for at least to go to Mexico to meet his wife, while our I-730 still pending for 2 years and his wife still waiting for her interview in her home country as Asylee relative.
Just like that.. 

[millefleur 5,035]

10 minutes ago, Eliza Volotko said:

like I said, my mother still live there. She is never been in USA! 

Got it, just wanted to make sure. I would go with the ombudsman and through senators/congressman in your state/district at this point. It sounds like even USCIS is confused as to what the problem is so you need to apply some outside pressure to get to the bottom of it. Since you are an approved asylee, I don't see why you can't go through local government to help. Find your senators by your state, find your representative by zip code:

https://www.senate.gov/senators/

https://www.house.gov/representatives/find-your-representative

 

On their websites, it will say "Help with a federal agency" and then you can fill out a form. Calling them may also be an option.

 

Another possibly interesting route is to file a Freedom of Information Act request on all the applications filed. This will provide you with all the details as to what is really going on with the case. I don't think it would expedite anything but at least you'd have more insight into what the problem is. The senators and/or congressman might be able to help with this, too.

https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act

Edited December 10, 2021 by millefleur

[Eliza Volotko 4]

@millefleur thank you so much! Trying to do everything right now.. big thank you for advice. 

[Okboy 43]

15 hours ago, Eliza Volotko said:

Hello everyone!

I don’t even know how to explain this..

A year ago, me and my father applied for Green Card (I-485) after 1 year of Asylum granted. I paid fees for I-485, but my father didn’t, because he had low income the year before and he provided everything to prove it. We waited for Receipts and everything was fine. After receiving receipts we did copies and both applied for Travel Document (I-131). We all knows that I don’t need to pay fees again if I paid fee for I-485. But my father paid for I-131 ($220), of course, cause he didn’t pay for I-485. 
USCIS accepted my application with no problem, BUT my fathers application they rejected already for 5 times!!! Maybe already more… Reason: the payment amount is incorrect. …

So every attorney can say nothing - “you did everything right I honestly don’t know why they keep rejecting his application” and already 100 times I called USCIS contact canter and they telling me the same. I even spoke two times with Immigration Officers (they called me back after my request and surprise! They told me the same thing: ma’am, everything is fine with your payment - just try again)…

Honestly, we tried so many different ways.. We tried so send applications with Money order, checks, form G-1450 (authorization for credit card) and even 2 times we didn’t send anything, because from I heard sometimes USCIS deciding that you don’t need to pay anything…

So.. nobody can help us, nobody knows what to do and I’m already so tired to try again and again this whole year.

Travel Document is most important thing for my father right now, because already for 4 years he can’t see his wife! And you know why? Because our case I-730 (petition for relatives) is also pending for 2 years already and our case outside of normal processing times too. And when you filing a request about that - USCIS ignores. Just like that simple. What a magic. 

 

If anyone knows what to do in this situation - I will be so so so thankful… I don’t really know what to do anymore….

 

Thank you and sorry…

I thought people seeking asylum don’t go back to the country they swore an oath that they are fleeing from? Maybe there’s something I’m not getting.