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Defensive asylum dismissed- should I appeal or pursue affirmative asylum

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  • Defensive asylum dismissed- should I appeal or pursue affirmative asylum

    Hi everyone

    I can really appreciate some help as we are totally fed up and disappointed with this process

    I am writing on behalf of my husband. I am an American citizen and have been married to my husband 6 years and we have two young children.


    My husband entered the us illegally in 2015 and was detained at the border where he reported his desire to seek asylum from Iran.


    He has had an ongoing defensive asylum case that was just dismissed two weeks before his master court date in September. The government attorney asking for a dismissal since the court is overburdened and my husband supposedly has an alternative means to his green card by having approved I 130 (although he can’t adjust to status). Our lawyer forgot to respond to the dismissal and so the case was dismissed and the court refuses to reopen it.


    Our lawyer said that we can appeal but appeals are taking 2 to 3 years. She said that since the defensive court asylum is dismissed, we can also pursue affirmative asylum through uscis which might be a quicker process and if dhs denies asylum we can then take it back to defensive court.


    Anyone with experience around this?


    Our last option is the i601a waiver route. Obviously my husband is unable to return to his country because of persecution but since the US ambassy is in turkey he can go there while he waits for his consular interview.


    We are nervous about this due to the possibility that even with the waiver being approved he is denied reentry




    I’m sorry for the rant. We feel devastated and could really use any helpful insight or experience

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