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New York, NY |

I applied for political asylum and couldn't pass the interview. I been sent to court but the judge did not believe to my story. After that I send my papers to BIA, they also refused. I have sent again for motion to reconsidered-it did not change anything. Now I have 30 days to appeal their decision.
I got married 2 months ago, my wife also is going to apply for political asylum. My question is when the immigration will take a look at her case and see that her husband (me) has a case and he's in deportation status, is it gonna affect to their decision about her case?

Attorney Answers 4

  1. In theory, it should not affect her case. USCIS is required to make a decision on each asylum application based on the information provided about the problems that the applicant has faced and/or will face in the country from which the person is seeking asylum. The fact that your wife married you, and that your asylum application has been denied, should not affect USCIS's decision about your wife's asylum application. Whether or not USCIS officials take a negative inference from the fact that you two are married is something that will never be known.

    I strongly suggest that you and your wife both seek advice from an experienced immigration attorney near you about your immigration matters.

    (734) 369-3131. This communication does not establish and attorney-client relationship with the Law Office of Michael Carlin PLLC or any individual member of the office. Confidential information should not be sent through this form.

  2. It should not affect her case.

  3. Your previous immigration case should not affect your wife's asylum case.

  4. Probably not, as long as she has a strong case not based on your application.

    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 Blog:

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