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I applied for asylum and was denied. Case transferred to NY from another jurisdiction for removal, but I got married. I-130?

New York, NY |

I applied for asylum and was denied last year. My case was transferred to NY from another jurisdiction for removal, but I got married. Should I go ahead and file for my I-130 right now through my spouse? Should I also do the I-485 now or should i file that after removal proceedings are done?

Attorney Answers 4


  1. File the I-130 now. But understand that your marriage will come under additional scrutiny. There is a presumption in the immigration laws that anyone who marries after the start of removal proceedings is just trying to stop deportation, and the marriage is not genuine. You and your spouse can overcome this presumption, but only with "clear and convincing" proof that your marriage is real.


  2. I agree with my colleague's excellent answer.

    I would be careful about the timing of the filing of the I-485, however, and would do so only after having the judge agree to terminate the removal proceedings. Otherwise, depending on the particular jurisdiction, you risk USCIS not moving on that I-485 since it is not approvable and you can risk losing the $1,070 filing fee and would have to refile.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  3. Hire an immigration attorney or risk facing removal proceedings on your own.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  4. You can file I-130, but at this point you need to have an attorney as the process will be much more complicated than regular adjustment of status.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova , New York Immigration Attorney http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com

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