News & Insights

1. Does a Pending Asylum Case Negatively Impact a Marriage-Based Green Card?

No, a pending asylum case generally does not negatively affect a marriage-based green card application. These are separate processes, and USCIS reviews them independently.

• Marriage-Based Green Card Requirements:
  • To adjust your status based on marriage, you must demonstrate:
    • A valid, bona fide marriage to a U.S. citizen.
    • That you entered the U.S. legally (which you did on a B1/B2 visa).
    • That you are otherwise admissible to the U.S. or eligible for a waiver if inadmissible.
• Impact of the Asylum Case:
  • Scrutiny for Inconsistencies: If your asylum application contains inconsistent information (e.g., regarding marital status or past immigration intent), USCIS may scrutinize your marriage-based green card application more closely.
  • Truthful and Consistent Information: Ensure all information provided in both cases is truthful and consistent.

2. Can You Apply for a Green Card While Asylum Is Pending?

Yes, you can apply for a green card through marriage by filing Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Adjust Status) concurrently while your asylum case is pending.

• Dual Processing:
  • Your asylum case will remain pending unless you formally withdraw it after receiving your green card.
  • USCIS will process the marriage-based application independently of your asylum claim.

3. Challenges You Might Face:

• Scrutiny of Marriage Validity:
  • Marriage-based green card applications are subject to intense scrutiny to ensure the marriage is genuine and not solely for immigration benefits.
  • Provide strong evidence of your bona fide marriage, such as:
    • Joint financial accounts.
    • Lease agreements or property ownership.
    • Photos, correspondence, and affidavits from friends/family.
• Inconsistencies Between Applications:
  • If there are discrepancies between your asylum application and marriage-based green card application (e.g., marital status, travel history, or family relationships), USCIS may issue a Request for Evidence (RFE) or schedule an interview to clarify.
• Intent at Entry:
  • USCIS might question whether you misrepresented your intent when entering the U.S. on a B1/B2 visa.
  • If you intended to marry or apply for asylum at the time of entry but did not disclose this, it could raise concerns about misrepresentation. Be prepared to explain any changes in circumstances after entering the U.S.

4. Steps to Ensure a Smooth Process:

• Prepare a Strong Application:
  • File Forms I-130 and I-485 with complete and accurate information.
  • Include all required supporting documentation to prove the bona fides of your marriage.
• Maintain Consistency:
  • Review your asylum application to ensure all information aligns with your marriage-based green card application.
  • If there are inconsistencies, be prepared to explain them during the green card interview.
• Do Not Leave the U.S. Without Advance Parole:
  • Leaving the U.S. while your green card application is pending without obtaining advance parole could jeopardize your application.
• Work with an Attorney:
  • An experienced immigration attorney can help you navigate the dual processes of asylum and marriage-based adjustment of status, ensuring compliance with all requirements.

5. What Happens to Your Asylum Case After You Get a Green Card?

Once you are granted a green card through marriage, you may no longer need your asylum case. You can:

• Withdraw Your Asylum Application:
  • File a motion with USCIS or the Immigration Court to withdraw your asylum case.
  • Ensure that the green card is approved before taking this step.