Husband has asylum case pending individual hearing on 12/3/12 problem is fraud passport. Should we change to marriage 130/I485.

Asked almost 2 years ago - Brooklyn, NY

Marriage is real have a newborn as well help please desperate.

Attorney answers (7)

  1. Mark Robert Barr

    Contributor Level 16

    5

    Lawyers agree

    Answered . Well, I can't answer with any specificity without knowing the full set of facts, but, in general, a marriage-based adjustment of status will be easier than asylum.

    But that's assuming your husband is adjustable--and I can't tell from your limited set of facts. For example, you mention a fraudulent passport. Depending on the type of passport, and how and when it was used, that might not be a problem at all, or it might be something that could be waived with a separate application, or it could forever bar him from getting a green card based on marriage with no waivers available.

    Schedule a consultation with a reputable immigration attorney in your area immediately to discuss your options. If a request to continue the hearing is warranted, you are really risking it by waiting to the last minute.

  2. Marina Shepelsky

    Contributor Level 9

    2

    Lawyers agree

    Answered . You need to retain an experienced attorney now, if you do not have one. This is not the type of question that should be asked online. Feel free to call my office for a consult at 719-769-6352.

    Marina Shepelsky, Esq. (718-769-6352) Law Offices of Marina Shepelsky, P.C. 2306 Coney Island Ave,, 2nd Floor... more
  3. Obadan Unuigbojie Iziokhai

    Contributor Level 16

    2

    Lawyers agree

    Answered . If by passport fraud you mean he entered the US with a false identity, he will be deemed to have entered without inspection. While that may not pose a problem with respect to his asylum petition, it will most certainly cause a problem if he tries to adjust here in the United States.

  4. Irene Vaisman

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Do you have an attorney who represents you now? If you do not, its time to do so. As far as asylum - many things will go into play, type of a case, facts, facts and facts and of course the judge. Adjustment (although typically much easier than asylum) may be problematic due to the fraudulent passport. If you have not done so already, retain someone now.

    This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
  5. Christian Schmidt

    Contributor Level 19

    2

    Lawyers agree

    Answered . Adjustment through marriage would be alternative relief. You should have a lawyer who represents you at your Individual Hearing. The lawyer would be best suited to assess your options. If you decide to go the marriage route, you should file the I-130 ASAP and request a continuance no later than 15 days prior to your scheduled hearing.

  6. F. J. Capriotti III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Don't go to the hearing without a lawyer.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  7. Stephen D. Berman

    Contributor Level 20

    Answered . What exactly is the problem with the passport fraud? Was he admitted into the U.S? Why isn't passport fraud a problem for adjustment of status? What is the likelihood of getting the asylum application granted?

    The above is intended only as general information, and does not constitute legal advice. You must speak with an... more

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