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Asylum case denied/married to US citizenship/I-130 procedure?

New York, NY |

Friend of mine is a situation needed as much information as possible . Will be greatly appreciated . His asylum application got denied at VIA court , He has appealed AT FEDERAL COURT case was denied . . In the mean time , he got married to a US citizenship last 3 months and they're living together right now . The wife is going to petition I - 130 for him but I understand this is a very tough case . and how this senate gang of eights bill reveled today can help this type person situation??? please help ,will be appreciated a lots

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Attorney answers 3


He will need to file an I-130 and seek to reopen his case if he is eligible to adjust in the U.S. Please do not attempt to this on your own and get help from an experienced attorney. There are many issues to this question that cannot be answered in a forum such as this. Some jurisdictions detain an individual with a final order of removal at the time of the I-130 appointment.

What the senators proposed today is just that, a proposal. Until we have a final bill signed by the president, it is not clear how it would affect your friend.


Sure, it is great that the future spouse will be petitioning your friend. As for the immigration reform, it may eventually apply to your friend, but it is not the law yet, so he must wait.

Contact immigration lawyer Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey, for a consultation about your immigration case. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.


Complex issue. His attorney would have to persuade ICE to agree to a joint motion to reopen his case if his I-130 is approved.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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