I am planning to file for asylum based on the religion, and I have few questions
While your asylum request is pending, your U.S. citizen spouse can file the FORM I-130. If you have lawfully entered the U.S. , you can also file the FORM I-485 with USCIS.
Your citizen wife can petition for a green card while your asylum application is pending.
Your U.S. citizen wife can file the I-130 family petition for you. That is the first step in the family immigration process, but in and of itself, it doesn't get you status or permanent residency. The question is what can be done with the I-130 once it is approved. If you entered legally (if you entered the U.S. with a visa or were paroled in), then you can file the application for permanent residency at the same time as your wife files the family petition for you. If you did not enter legally, you cannot apply for a green card within the United States (with limited exceptions), but you should not leave the U.S. to apply for it outside of the U.S., at least not before speaking in detail with a good immigration attorney. Either way, you should contact a good immigration attorney directly to go over your whole situation to see whether it would be worthwhile in your situation to start a family immigration process while your asylum case is pending.
(I am not your attorney unless we have mutually agreed in a signed writing that I would represent you in a particular matter. What I have written above is general in nature. No attorney-client relationship has been formed.)
Yes, your wife can file an I-130 and, if you legally entered US, you can file an I-485. If entered without papers, your wife can still file I-130. It would be best to contact local immigration attorney to represent you if you don't already have one for asylum case. Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.
Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.
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