What happens if I marry an LPR after I file for asylum (before decision reached)?

Immigration 4 views 3 answers
I am here in the USA for 10 years on H1B but I want to file my asylum application and later for my work permit. Also, I have been seeing a girl here in the USA who has her green card, and we have been discussing getting married. My question is: if I apply for asylum and then get married, should she petition for me as spouse to a green card holder? would that mean I need to withdraw asylum application and lose my work permit? or should I keep my asylum case and simultaneously have the 1-130 petition? I know this is complicated but I just need some direction to plan my future and to keep working

Attorney Answers

3
Morrie Nourian ·
first question: yes she should petition for you, Second: no it does not mean to withdraw or lose work permit, third you can have both going at the same time, so plan accordingly.
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Adan Vega ·
If you marry a U.S. resident, she can file the FORM I-130 on your behalf. You also can continue with your request for asylum as long as you have a bona fide and non- frivolous basis for your request.
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Cameron Huey ·
1. She can apply for you BUT LPR's filing for alien spouses do not confer an immediate green card. Your priority date has to come up. 2. You can file for asylum if you have a credible fear of returning to your home country specifically because of persecution fromt he government or its agents. As you have been here for 10 years on an H1B it seems like you will have a hard time establishing this and you have to show that conditions have changed so YOU SPECIFICALLY would be persecuted if you return. Additionally you will have a problem with the whole apply within 1 year of entry. You definitely need to HIRE an immigration attorney (you are on H1B you do have funds) to represent you for your asylum. An attorney will do the following: 1. Submit an application that meets the legal standard if it exists 2. Submit documents and declarations on your behalf 3. Attend the interview 4. Make arguments after the inetrview that can make or break a difficult case. Pro per applicants fail at an alarming rate so be prepared to hire an attorney immediately. You cannot do this on your own. Period.
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