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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

Posted

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.

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Asker

Posted

The lawyer who's gonna work on her case says my deportation status could be one of the reasons to send her case to court right away even without interview. I have asked 4-5 attorneys about our situation, the most of them say it doesn't matter what kind of status I have, they are going to take a look only her story. Some say how her lawyer says. I do not know what to do...

Posted

It should not affect her case.

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Asker

Posted

Thanks mr. Scott.

Posted

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

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Asker

Posted

Thank you very much.

Ji Min Kim

Ji Min Kim

Posted

good luck

Posted

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 http://www.shautsova.com Blog: http://www.russianspeakinglawyerny.com

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Asker

Posted

So, I won't appeal the BIA's decision and just leave it like that unless we gonna find out what's gonna happen.

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