She filed marriage petition. After few months, we moved to different place and at the same time, my interview for asylum came which I totally missed it. Later when our friend picked our mail, asylum office had already send me another letter to appeal in 45 days which I had missed as well. If I don't appeal in 45 days then either I will be send back to my status or deported if i had no status. Since I had pending Adjustment of status (AOS) at that moment when my asylum interview got missed, does this affect decision on AOS? I already have interview and I-130 is approved but I-485 decision is pending and immigration officer is reviewing it. Does pending Asylum make me ineligible to file marriage petition and does this Asylum interview missing thing results to denial of AOS?
No. You can still adjust your status. You need to be very careful that the asylum officer did not issue a notice to appear for removal proceedings. If he or she did you need to make sure you do not miss your court date. Find an attorney who can hep you.
Are you still married? You indicated that both of you moved to different place. Please engage an immigration lawyer ASAP before you get your self into more difficult situation. Good luck!
Well... You are playing with fire. You need to contact the office and withdraw the asylum application. If you do not, and you are out of status, your will be referred to appear in immigration court. That will happen regardless of your AOS process. If your fail to appear there, you will be ordered removed in your absence which will the completely derail your AOS process. Unless of course, you will be granted AOS prior to the IJ decision which grant will be useless since once NTA is filed with the court, only immigration judge has jurisdiction to adjudicate your AOS application. Hire an immigration lawyer and resolve these problems before the compound.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
Needless to say, you are in trouble with INS. Usually when you are denied Political Asylum, an NTA to appear at the Miami Immigration Court follows. Cancel your asylum application.
Check with a local Immigration Attorney to defend your NTA. It was probably issued like your other notices and you missed. An Immigration Attorney can check with ICE to see IF an NTA was issued for you in Broward or Dade County.
You need a consultation with a local Immigration Attorney to go over your case and documents with you. You have run out of time!
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