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Is it possible to switch from asylum case to adjust of status through marriage during the individual asylum hearing

Dallas, TX |

I have an individual asylum hearing and I am married to US citizen and I have a child, file I-130 pending for 5 months would it be possible to switch to adjust of status through marriage during the individual asylum hearing
I have no money for a lawyer,and the asylum case needs a lot of money and work which I can not afford. Please any advice will be very useful

Attorney Answers 4


  1. Best answer

    You should not wait until the Individual hearing to do so. Inform the Court and ICE that you plan to file for adjustment, file the applications with Court and ICE, pay the fees.

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


  2. Everything is possible but to do that your attorney needs to take a number of preliminary steps and not to wait until the actual hearing.

    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.


  3. If you are eligible for adjustment of status, you should apply. You will still have to prove that your asylum claim was not frivilous.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (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.


  4. please do not wait until the merit/individual hearing. you will only make the judge irate. you should contact the court clerk and ask for a list of pro bono attorneys who may help you. good luck.

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