Immigrant asylum petitioner to the US the court denied petition in asylum case finding BIA did not abuse its discretion in denying relief based on the statutory requirement that one must be present in the U.S. to be eligible for asylum. Asylum applications are backlogged, and it can take up to several years to hear back from USCIS or immigration court. A family based Immigrant Visa Petition is filed with USCIS using Form I-130 Petition for Alien Relative.