News & Insights

1. Eligibility for Adjustment of Status (Green Card)

• Key Requirement: Lawful Entry
  • To apply for a green card within the U.S. (adjustment of status), you must have entered the country lawfully (e.g., with a visa or parole) and not overstayed or violated the terms of your visa significantly.
  • If you entered legally and have a pending affirmative asylum case, you are eligible to apply for adjustment of status based on marriage.
• Marriage to a U.S. Citizen
  • Marriage to a U.S. citizen places you in the "immediate relative" category, which is not subject to visa quotas or waiting periods.

2. Filing the Marriage-Based Green Card Application

• Form I-130:
  • Your U.S. citizen spouse must file Form I-130 (Petition for Alien Relative) to establish the legitimacy of the marriage. :contentReference[oaicite:0]{index=0}
• Form I-485 (Adjustment of Status):
  • Concurrently, you can file Form I-485 to apply for a green card. Include supporting documentation such as proof of lawful entry, evidence of a bona fide marriage, and other required documents. :contentReference[oaicite:1]{index=1}
• Work and Travel Authorization (Optional):
  • File Form I-765 (Application for Employment Authorization) to obtain or renew work authorization.
  • File Form I-131 (Application for Advance Parole) if you need to travel outside the U.S. while your green card application is pending.
• Biometrics and Interview:
  • USCIS will schedule a biometrics appointment and possibly a green card interview to verify your application and marriage details.

3. Impact of the Pending Asylum Case

• Compatibility of Applications:
  • Your pending asylum case will not automatically interfere with your green card application. However, ensure that the information in your asylum application and marriage-based green card application is consistent (e.g., marital status, personal history). Discrepancies could lead to scrutiny or delays.
• Option to Withdraw the Asylum Case:
  • Once you receive your green card, you may no longer need to pursue your asylum case. You can withdraw your asylum application, but only after your green card is approved to avoid risking your legal status. To do this, send a letter to the USCIS asylum office that has jurisdiction over your case, providing your name, receipt number, date of birth, and a statement indicating your desire to withdraw your asylum application. :contentReference[oaicite:0]{index=0}

4. Common Challenges and How to Overcome Them

• Scrutiny of Marriage:
  • USCIS closely examines marriage-based green card applications to ensure the marriage is genuine and not solely for immigration purposes.
  • Provide strong evidence of a bona fide marriage, including joint bank accounts, leases, photos, affidavits, and other documentation. :contentReference[oaicite:0]{index=0}
• Consistency Between Applications:
  • Ensure that your personal details and narrative in your asylum application align with those in your green card application.
• Legal Entry Requirement:
  • If you entered without inspection or violated visa terms, adjustment of status may not be possible unless you qualify under specific provisions (e.g., Section 245(i) or advanced parole). :contentReference[oaicite:1]{index=1}

5. Steps to Take Before Applying for a Green Card

• Consult an Immigration Attorney:
  • Seek legal advice to ensure your case is well-prepared and to address any potential inconsistencies or legal barriers.
• Gather Supporting Documents:
  • Proof of lawful entry (e.g., visa, I-94).
  • Evidence of a bona fide marriage.
  • Documents related to your asylum case, if necessary.
• Avoid Travel Without Advance Parole:
  • Do not leave the U.S. without advance parole, as it could jeopardize your pending applications. :contentReference[oaicite:0]{index=0}
• Be Honest and Transparent:
  • Provide truthful information in all applications to avoid complications.