following the grant of asylum, is there any remedy for the child? Following is a detailed example:
Answer: See below.
A Wife and Husband were granted asylum in court (Wife was principal applicant).
Husband immediately filed I-730 Petition for his young child from previous marriage. At that time, the I-730 should have been processed within a maximum of 195 days. However, the Husband was not getting any response. He submitted several inquiries, but had not received any response. Finally, more than two years later, Husband received a denial of his I-730 Petition because he was not the principal applicant in the asylum case. Within just one week of the denial, his Wife filed an I-730 Petition for her step-Child, but it was then denied because the petition was not filed within two years of the Asylum grant. Meanwhile, the Child’s biological mother died and the Child is left alone under care of her old grandmother. The Husband and Wife were acting pro-se and made a simple mistake by having the Husband to file the original and timely I-730 Petition. However, had the CIS processed the Husband’s I730 petition timely, the Wife would have had an opportunity to file her petition for the Child within two years of the Asylum grant. Is there any exercise of discretion in this scenario to allow the
Wife to file the I-730 and consider it timely based upon the original filing of the I-730 by the Husband?
Answer 12/13: All humanitarian requests are handled on a case-by-case basis. We are unable to give a decision without the case before us. It is recommended that the case be filed with all pertinent documentation and we will make a decision based upon the information provided.
Many refugees from the Former Soviet Union have documents from their native country
that have been written in two separate languages and names that vary slightly from one another. Before the breakup of the Soviet Union, all documents produced in each of the Soviet Republics were written in Russian. However, since the Soviet breakup, several of the newly independent States have stopped using Russian and are using languages native to their region.
So, for example, an individual who was born in 1980 in Kiev Ukraine and given the name Nadezhda, as stated on her Russian language birth certificate, and then married in Kiev in 2000, has the name Nadiya on her Ukrainian language marriage certificate.
Rarely, does any such individual have any one document that shows the use of both names, and very few individuals have any documents that include pictures. Thus the only way to relate the individual with the Russian language name to the individual with the Ukrainian language name is for the translator to state that the two names are variants of each other.
In some instances the Service has accepted such statements from translators as part of a petition, while in others an RFE has been sent requesting additional documentation to show that the two names relate to the same person. Since no additional documentation is available, is it possible to establish a protocol to accept such translator's statements?
Answer: The translator’s duty is to translate what is on the document. Statements pertaining to information other than the content of the documents will not be considered. The petitioner or voluntary organization should let the issues be known right up front in some sort of addendum.