I am an asylee (asylum granted in 2004) who came to the US as a crew member (visa "C"). I know that usually people cannot adjust their status if they have this kind of visa but if I am an asylee and I am married to a US citizen, can I file I-485? I applied for a green card in 2006 but the application has been still pending.
Section 245(c) of the Immigration and Nationality Act says: "Other than an alien having an approved petition for classification as a VAWA self-petitioner, subsection (a) of this section [i.e. the general adjustment of status provision] shall not be applicable to (1) an alien crewman...". So if you were in fact a C-1 crewman, you may be found ineligible to adjust, even though you married a U.S. citizen. I think you should look into why your adjustment application through asylum has been pending for such an unusually long period. Consider a consultation with an experienced and reputable immigration attorney who could make the necessary inquiries into this matter, and advise you on your options to compel the government to adjudicate the application.
Get free answers from experienced attorneys.
27,712 answers this week
2,962 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary