Marry to U.S. Citizen after denial at asylum office, Marriage with asylum denial case ?

Asked over 4 years ago - Woodside, NY

I am a student and my visa is out.

I filed for the asylum,I get denied the asylum interview at asylum office, Can I marry the U.S citizen ,With that denial status ?

Depend on that marriage, can I apply for the Green-card ?
After I get married can I stay in U.S or do I need to leave U.S for a temporary time ?
Is it better to marry before a hearing in front of an immigration judge ?

Because I am afraid of the asylum clock.

Do I need to withdraw the Asylum case prior to the marriage ? Or Is it cancel by itself if I submit the marriage case ?

I heard the New York state office is taking long time for both asylum and marriage,
For marriage which state office is better to do ?

Additional information

Do I have to make the marriage in New York where I filed the asylum case or
Can I make the marriage in other state ? Since New York office is taking long time for most of cases.
Which is better? Any Idea ?

Attorney answers (2)

  1. Nicklaus James Misiti

    Contributor Level 19

    Answered . Yes you should try the marriage route. Give me a call I am licensed in New York and will give you a free consultation.

  2. Uzoamaka Angela Akpele

    Contributor Level 12

    Answered . If you get married to a US citizen, she may indeed file a relative petition on your behalf. Depending on how fast the DHS sends your case to the immigration court, you may be able to file your adjustment application with the CIS. If your file is quickly sent to the CIS, you may find that a notice to appear has already been filed before the date of your marriage. In this case, you may apply to adjust status before the immigration court.

    As you have some immigration history, the DHS will likely give extra scrutiny to your case. You must be sure to properly document your relationship with your spouse and your intention to make a life together as a married couple.

    You may remain in the US while waiting for your green card to be processed. No need to worry about the asylum clock any more, your asylum application has already been denied. Unless your file gets misplaced by the CIS, your next stop will be the immigration court. You may seek all available relief at the court.

    A marriage to a US citizen will not cancel an asylum application.

    Good Luck.
    Uzo Akpele

    www.aallclaw.com

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