Woman received asylum approval six years after entry on China's birth control policy

Ms. L entered the United States in 2001. She married a US citizen in 2002 and filed I-485 to adjust her status to permanent resident. After her first interview, CIS officer called her husband and talked him to withdraw his I-130 petition for her. The couple retained us later and we filed second I-130 and I-485. We also filed I130s for her two children living in China. CIS approved I-130, after lengthy delay and mandamus action in federal district court. In April of 2007, however, CIS denied her I-485 after it denied her I-601 waiver based on a finding of her misrepresentation in her B-1 visa application about her marital status in 2001.

In July of 2007, about 90 days after the I-485 denial, Ms. L filed her first asylum application. We successfully persuaded the Asylum Office that Ms. L is not barred by the one year filing rule because she was in status while her I485 was pending and she filed her application within a reasonable time after the denial.

Ms. L's asylum claims were based on her 1989 abortion and forced IUD insertion in 1996. Ms. L has two children from previous relationship. I-130s for her children were also approved and are now in consulate processing.