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Asylum case held because I am married.

Los Angeles, CA |

My mother claimed asylum in 2002 while I was under 21 and she is green card holder now . In 2003 I was granted derivative asylum status as a child of refuge , but I never adjust my status . I married a US citizen in 2010 . Not long time ago we went to local immigration office to adjust my status throw marriage . Somebody told me before that you cannot adjust your asylum status while you married . But the agent in immigration office made us change our minds by telling that getting green card throw marriage is long story and I should adjust status throw asylum . Last year we sent all required paperwork to Nebraska Service center and today I got the answer : Ariela : Form undefined . Request for evidence . The documentation submitted is not sufficient to warrant favorable consideration of your application . URIS record indicates that you were granted derivative asylum status as the child of XX . The records indicate that you are currently married and can no longer adjust status as the child of refuge . You may apply for asylum in your own right in order to adjust status . Please complete form I - undefined Then they give me a few options : I can submit all evidence requested or submit no evidence and ask for a decision based upon the record or withdraw the application . My questions are : What is the right way to withdraw the asylum case ? What are my next steps to adjust my status throw marriage ? Should I do medical exam / fingerprints again and pay new fees ? Thank you so much for all future help and guidance !

Attorney Answers 4

  1. Best answer

    Your case is pretty convoluted and you should definately hire a competent immigration attorney. First of all, you are given a 2 year window of opportunity to apply for derivative asylum/refugee and your mom got her asylum back in 2002, so up to 2004 you should have applied and that window of opportunity has long come and gone. You are married to a US citizen spouse and you should apply through her. The immigration officer is not an attorney and they only have a myopic view and knowledge of immigration laws and reguations and is based on the area they focus on. Some, a very small handful are attorneys but most are just bureacrats with some limited training and armed with the AFM-Adjudicators Field Manual to answer questions and provide guidelines for procedures. Hire an attorney to fix your status. Good luck.

  2. Hire an attorney.

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

  3. Your case is complex. You need a lawyer to help you.

  4. You do not have to withdraw the asylum case but you can withdraw the adjustment application that was filed based on the asylum. If you do not it will be denied anyway since you no longer qualify as a derivative asylee. If that happens, or you withdraw the adjustment application, you can either file your own asylum application and then file for adjustment of status based on the new asylum application, OR simply file for adjustment of status based on your marriage to your US citizen wife.

    Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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