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I have been married for 1 year and my wife and I went to the interview . The agent let us know that we will be notify by mail.

Moore, OK |

In the mail they asked to bring some additional documents and since this date since 1 year we didn't hear from them after sending the additional documents . My question is can I file asylum while adjustment of status based on marriage is pending because there is a civil war in my country now?

Attorney Answers 4


  1. Your question is too complex to be answered meaningfully.

    But in short, you have to file for asylum within 1 year or arriving in the us or if you can show that the conditions in your country have changed since your arrival and you personally have a well-founded fear of being persecuted based on race, religion, political opinion, etc.

    Keep in mind that general political unrest or even a civil war are typically not enough.

    You should not attempt to do this without an attorney.

    The information offered is general in nature and not meant to be relied upon as legal advice. Please consult an attorney prior to making legal decisions. Visit us at www.tunitskylaw.com. Contact us at 713.335.5505 or email at veronica@tunitskylaw.com. Veronica Tunitsky offers in-person, as well as telephone and email consultations.


  2. You definitely need to consult with an immigration attorney and very likely need to retain one. You may have a typical delay in your marriage-based case OR you may have issues that make USCIS believe you are committing marriage fraud. Asylum is an entirely different matter, not something you should attempt on your own especially after you've applied to adjust status based on marriage, and typically you have to file within one year of entering the USA (there are certain exceptions to that, but it is not as cut and dry as it may seem). Strongly encourage you to consult with a few immigration attorneys and retain the services of one. If you cannot afford an attorney, try contacting a local area legal aid and seeing if there are any free/low fee legal immigration services available to low income persons in the area.


  3. You should consult with an Immigration attorney asap, at least for help with checking the status of your application. Good luck.

    [This answer is for general purposes only; it does not constitute advice and does not establish an attorney-client relationship.]


  4. Yes you can file for asylum even though your adjustment is pending. It would be a good idea to consult with an immigration attorney first to determine whether you have a viable asylum claim. There are penalties for filing a frivolous asylum application.

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

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