I'm from south America. I came here to the US and my gay asylum was granted this year around may. I'm thinking about getting married with my boyfriend and we both agree. If that happens do I become a US citizen automatically? and after getting married can I go back to Colombia (my home country) without any problem? How long would I be allowed to be down in my country?
No, you do not even get legal permanent residence, a requirement for citizenship, automatically. No, you cannot go back to Colombia without any problem regardless of whom you marry or how you obtain permanent residence. You could be charged with fraud if you do.
The Court of Appeals for the Third Circuit has stated that "Many courts have recognized that 'our immigration statutory framework is notoriously complex'" and that it is "ever changing"
You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
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You ask a number of good questions, and in order to get good answers a number of clarifying points would need to be asked of you by an attorney. Make an appointment for a discussion via phone, Skype or in-person to get some answers. Best of luck.
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I suspect that you have been asking variations of this question recently.
First, no one gets 'automatic' citizenship. But, after you've had a greencard (not merely a grant of asylum) for THREE YEARS, because you'll be married to a US citizen, you can apply for US citizenship.
Second, going back to Columbia is a very bad idea. You claimed that you had a reasonable fear of persecution (I assume) because you're gay. What has changed? Are you no longer gay? Did things change in Columbia such that they're no longer persecuting gays? OR .... were you lying on your asylum application?
Talk to a lawyer before doing anything so foolish as to travel to Columbia.
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You absolutely do NOT become a US Citizen automatically. After you have asylum for one year, you are eligible to apply for permanent resident status. If you marry a US Citizen, then you could apply for permanent residence based on marriage. So, you have two different ways to become a permanent resident. You just obtained asylum from Colombia. That means that you convinced immigration officials that you face persecution if you return to Colombia. If you now return to Colombia, you could lose your asylum and be prevented from returning to the US. You really need to talk to an immigration attorney.
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You do not become a US citizen automatically. Your spouse could file for a green card as long as you get married in a state that recognizes same sex marriage. It is best to consult an immigration attorney. I would not recommend going back to your home country as that would mean your asylum was fraudulent.
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You should CAREFULLY discuss your plans with an aila immigration attorney. As others have noted, you cannot return to Colombia without risking your status as an asylee. Also, remember that even though Montgomery County has started issuing marriage licenses to same sex couples, the state of PA doesn't yet permit same sex marriage, so you'd need to make sure you got married in a state that does recognize same sex marriages in all counties.
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I agree with the other attorneys that it would be a very bad idea to travel to Colombia right now. I also agree that you do not become a US citizen "automatically." However, since the Defense of Marriage Act has been struck down as unconstitutional, and since there are states that allow gay marriage, it is not out of the question for you to marry your boyfriend in a state that allows gay marriage, and file a spouse petition for recognition of your marriage with the federal government for the purposes of immigration law (I-130).
If your I-130 is approved and you are able to adjust your status and get a green card, you should have an easier time travelling to Columbia. It is not easy to invalidate a green card once it is granted, and you can apply for advanced parole before travelling to ensure that you will not have problems returning to the US.
You need the advice of an experienced immigration attorney. Immigration law is complex, and the stakes are very high, so I would not do any of this without a lawyer. Bagia & Associates is the preeminent immigration law firm in Philadelphia, and we would be happy to assist you. Please visit our website at:
www.bagiaimmigration.com, or just call 215 922 5354 and ask for Tudor.
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