There is a good possibility that your fiance will go into removal proceedings although the charges were dropped. If so, we can determine if he is eligible for bond, and further, whether or not he is eligible to fight against the deportation. I would need to know when he first came to the US, whether he has US citizen or permanent resident relatives, and whether or not anyone has applied for him to get an immigrant visa before. There is actually a lot more that I need to know, but this is a...
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Asylum is an application to put a lot of thought and planning into. The most important factor to consider is why you are afraid to return to your home country, and not whether or not you are in status. If you are afraid to return to your home country due to a fear of persecution, it's important to be able to tell who you are afraid will persecute you, and why. From there, a case needs to be fully and carefully developed because if not approved, you will be referred to removal proceedings.
You might be able to apply for asylum and and a marriage based green card, but more information is needed. If you believe that you would be persecuted if you return to your home country you may be able to appy for asylum, or witholding. It's not an application to take lightly because if it is not approved you will be referred to removal proceedings. If you are married to a US citizen, and can show that you entered the US legally, in general, you should be able to apply for a green card.