Travel Visa Pro
Process of claiming US Asylum at Port entry Pros and Crons?
My wife came on F1 to USA in December 2007 and had to leave due to family issues (our asylum case was based on those issues) in May 2008 to Australia (her passport is Indian). Now she wants to come back to USA. My Asylum got approved in March 2009 (her name was in the asylum application too, as we married in Jan 2008 in USA) and her application is pending for derivative status (I730) but the back log for texas service center is dec 2008. What is the best way to get her to USA ASAP as she is going through lots of emotional stress & trauma.
Her F1 is valid till Jan 2011.
My first question is:
Can she still travel to USA from Australia with a valid F1 Visa but an expired I-20?
My second question is:
Can she claim asylum at port of entry if she reaches US? What will happen if she claims asylum at port of entry, will they put her in jail?
Thanks,
Jay.
Australia is not her country of persecution.
she can not claim asylum as she is coming from a safe country (australia)
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