Can an asylee, who came to the US with "C" visa, adjust his status thru marriage to a US citizen?

Asked almost 5 years ago - New York, NY

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.

Additional information

Thank you for your answer.

Does it mean that I am not eligible to adjust my status ever in the USA? I submitted I-485 in 2006 and I have not heard from the USCIS since then. But following your answer, it is my understanding that I can't get a green card anyway, because I came as a crew member. Am I right? Thank you for your answer.

Attorney answers (1)

  1. Scott D. Pollock

    Contributor Level 17

    1

    Lawyer agrees

    Answered . 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.

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