I would like to close asylum case in bia( I sent appeal in June 2012) I have no patience to wait anymore and I want to get married with my Cuban boyfriend he just got his residence.i have no problem to prove our marriage because everything is real.so how long it's gonna take me close this case and how long it's gonna take me to get the gc through my future husband.thank u
Having a boyfriend who is not a US citizen will not help you much since the wait may be 2 years or more. Either keep fighting your asylum case, or leave the US and immigrate from abroad.
Please click the link below for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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(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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The machinery of the BIA appeal is lengthy and it has been set in motion. On cannot just stop it. Your removal case is in review; however, your plan is legally flawed at present as follows:
1. Your marrying any foreign national who has a Lawful Permanent Residence in the United States while you are in removal proceedings does not give you a statutory ground to adjust your case in the country,
2. Even if you marry that LPR foreign national you would be required to leave the United States to adjust abroad,
3. You should not request the BIA to close the case as you immediately become subject of removal due to the issued final order of deportation by the Immigration Judge and will start accruing unlawful presence that will further place entry bars on your subsequent return.
What is the bottom line? Retain a very good immigration attorney and discuss issues in person.
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Even if your husband obtained LPR status and filed for you, his status is not sufficient to confer an immediately available visa upon you. His filing would be a preference category filing that would take several years to become usable or he'd need to become a citizen to upgrade his petition. You must have an immediately available visa to adjust status. See INA 245(a).