what if an asylum applicant gets married to US citizen while waiting for asylum office interview or waiting for meeting IJ in court ?
in this case can the asylum applicant shift the way smoothly and apply for GC due to marriage not asylum ?
or this will just complicate the issue and cause denial of GC based on asylum and denial of GC based on marriage ?
General answer is "yes", you can shift from the asylum case to the adjustment of status case at each stage of the process. However, do not attempt to do it alone. Attorney needs to handle the procedural aspects, especially to assure the successful resolution at the court stage. It should not complicate the issue with the right legal assistance.
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it depends on in what stage the application for asylum is. If the applicant is still waiting for the interview, he needs to file a family-based petition and complete his process administratively. If the case is already with the Immigration Judge, the court needs to terminate the asylum process before adjustment can be made.
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Yes you can, I suggest talking to a qualified immigration attorney to help you with this.
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You both should seek the assistance of an immigration attorney to determine your next step and options you have. You could continue with your asylum claim if you would like, or you may pursue permanent residence through your USC spouse. Whether you are eligible for adjustment or status is a different question and cannot be determined with the information that you have provided. Seek help.
If you ask to withdraw the I-589, they will automatically send you to removal proceedings. Get a lawyer to help you with this.
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.
Let's try to sort the presented issues out as follows:
1. "what if an asylum applicant gets married to US citizen while waiting for asylum office interview or waiting for meeting IJ in court ?"
That opens certain legal pathways to adjust the status for that Respondent, however, that marriage may raise the rebuttable presumption that such marriage may be entered for strictly immigration purposes, especially how worded.
2. "in this case can the asylum applicant shift the way smoothly and apply for GC due to marriage not asylum ? "
Not automoatically, as any removal case needs to be terminated in order to adjust with the USCIS administratively.
3. "or this will just complicate the issue and cause denial of GC based on asylum and denial of GC based on marriage ? "
Yes, it will make the case more complex if one proceeds without competent legal guidance.
DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois
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