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What's the position of someone who applies for Asylum and gets married to a USC during the process?

Providence, RI |

The question was posed earlier but seemed to be vague and confusing. let me rephrase. Somebody living the U.S applies for asylum and during the process, in a completely independent development gets married to a USC before they get their decision from the judge. What effect would that have on their case? and can the person re-apply for permanent residency being the spouse of a USC in the event that the asylum plea was denied?

Attorney Answers 3

  1. If they are adjustment eligible they can file an I-130 petition for alien relative and request adjustment at the immigration court.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

  2. Yes, your marriage (once an I-130 is approved by USCIS) would be the basis for alternative relief from removal.

    Most DHS counsels and immigration judges will support dismissing your removal case (or asylum case) and allow you to adjust your status with USCIS.

    There are some complicated jurisdictional issues here about what, where, and when you can file your Adjustment of Status, and I suggest working with an immigration attorney to assist your through this process.

    Good luck.

    Representing clients throughout the US and around the world: (513) 549-4420. We cannot provide legal advice or recommendations unless you retain our law firm to represent you. No attorney/client relationship will begin until you sign a representation agreement and make a retainer payment to open a case with us. Any information found here is general in nature and should not be relied upon in individual cases.

  3. The USC spouse may petition and after I-130 is approved, and provided the individual is eligible for adjustment of status, they may adjust before the Immigration Judge, or even before USCIS if the case is remanded.

    Contact immigration attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Contact immigration attorney Gintare Grigaite, Esq. for a free consultation about new Immigration Reform policies. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.

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