Over a year ago I went to the USA with a tourist visa. I applied for asylum while I was there. Later I withdrew my asylum application before my first interview. I later come back to my country of origin. I still have a one year valid US visa. My wife who is a US citizen is now to process for me to immigrate to the USA. Would my previous asylum application be a problem in any way for me to immigrate with my wife? I had withdrawn my asylum application prior to the first interview date>. After I withdrew my application the USCIS sent me a mail stating that my case has been terminated. I then immediately returned to my home country. Can I now process my green card from my home country? I am worried because i had given my fingerprint to USCIS before withdrawing.
I was still in status while i came back to my home country. Could the US consulate give me trouble while I try to adjust status through my wife?
Did you return to your home country before the I-94 admission stamp had expired? I ask because they are almost never valid for 1 year. Keep in mind that the validity of a B-1/B-2 stamp is not the important stamp.
Thus, I suspect that you acquired some unlawful-presence (staying beyond the I-94 admission stamp).
Yes, your wife can sponsor you. Yes, CIS will know about your asylum application. Yes, if the application contained false claims ... it can be a problem. Yes, you should consult a lawyer.
Certainly your US Citizen wife can always file, and obtain approval of an I-130 Petition. What might be of concern to a lawyer or consul is your admissibility to the USA. First, don't try coming back on your facially valid Tourist isa. There is lttle liklihood that CBP would admit yo u. Second, it is not clear, but you might have acquired more than 180 of unlawful prescence, thus subjecting you to a3 year ban. An attorney familiary with the regulations would have to carefully review your timeline in the USA. You might be required to file for a Waiver. Lastly, You filed an Asylum Application pleading for protection from your home country and sweraing out facts to show why you feared going back.. Then you go home ? and nothing apparently happened to you ! That gives me the greatest concern since some examiner might regard this as a frivolous filing and, if so, you will never get a visa petition approved.
Your marriage will face increased scrutiny due to the asylum application. If there is no unlawful presence, which there appears there is not, you will not need a waiver. Be prepared to show plenty of evidence of your bona fide marriage and to answer questions regarding your why you withdrew your asylum application.
You are right that you will have to deal with the issue of your asylum application - first with the question on the form of whether it was a frivolous application - and then at the interview where it is part of your history and will be a factor in their decision about whether your marriage is bona-fide. And it is normal to be worried. But there is nothing to be done. Your case will be looked at on its merits, and adjudicated fairly. All you can do is prepare well, be honest and deal with issues WHEN they arrive. Your wife might find it helpful to consult with an immigration lawyer, who can hear the details of the case and give her an assessment of how it all may appear to the consular officer. But don't assume the worst. You did the right thing and you left (hopefully) within the time given to you when you arrived in the US. Happy holidays to you both.
