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  • asylum-marriage.

    Hi.I have the following situation. More then 2.5 years ago I had asylum case opened. During this time I got married to U.S citizen And according to this another case was opened. I had the interview and I-130 form was approved, but I-485 didn't come through, because asylum case was open. After 2 weeks I got the letter my marriage case is closed, But later my lawer closed the asylum case because I-130 approved.And now my lawer sent a letter-request to reopen marriage case. I'm tired of paying too much money to him, i just want to know if he is doing right, or maybe I can do everything by myself. Thank you.

  • #2
    Hi.I have the following situation. More then 2.5 years ago I had asylum case opened. During this time I got married to U.S citizen And according to this another case was opened. I had the interview and I-130 form was approved, but I-485 didn't come through, because asylum case was open. After 2 weeks I got the letter my marriage case is closed, But later my lawer closed the asylum case because I-130 approved.And now my lawer sent a letter-request to reopen marriage case. I'm tired of paying too much money to him, i just want to know if he is doing right, or maybe I can do everything by myself. Thank you.

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    • #3
      I would assume that the marriage case is the best way to get legal in this country. I would get a second opinion. There are alot of people who would spend alot of money to get a legal status at any cost. So, dont worry about the money. You can make the money once you are legal.

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      • #4
        What do yo mean by 'marriage case closed'?
        Were you granted asylum?
        Did one year pass after your asylum grant and did you file I-485 based on it?
        Did you subsequently or simultaneously marry?
        Did you file concurrent I-485 based on approval of I-130?
        What is your time line, in what order what was filed and what were the USCIS decisions, on what chronological order?
        What did your attorney 'close', in what chronological order and why?
        What is your current status in US?
        What was your status at the time of I-130 filing
        and approval?


        Be precise.

        IE

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        • #5
          Antivirus and antifascist make such a wonderful team!

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          • #6
            Yeah, we just missed your input to make it a really great one.

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            • #7
              -I 've got a letter , it was written "... the application for permanent residence filed with this office is administratively closed. No further action will be taken on your application." It's because immigration judge had jurisdiction iver my case ( asylum) at that time.
              -asylum is not granted.
              -...
              -...
              -When I had a hearing my attorney closed the asylum case, and nos I have no idea what my status is.

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              • #8
                In case if your asylum case is denied and you are an illegal - nothing to worry.
                Simply proceed with your marriage AOS.
                It's routine.


                Good luck,

                IE

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                • #9
                  Okay let's talk serious business. Can one really proceed to AOS even if his asylum case is denied and remains illegal? If this is so, all illegal aliens and on removal proceedings will just resort to marrying US citizens to escape deportation.

                  I have an actual case...in fact someone I know. His parents were illegal and my friend was their dependent as a minor. He was included in the removal proceeding and was also ordered removed. The case went on for several years and he's an adult now no longer a minor. Can he still be legalized by marrying a US citizen? His defense would be at the time of his parents' violation of status, he was still a minor. But the question is...he didn't leave when he reached the age of maturity. He's now 28 years old and is illegal because of that. He wants to marry but is afraid he might be deported when he shows up for interview with his future wife.

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                  • #10
                    Macy

                    When your friend marries a USC and goes to file papers to adjust status.. a removal order will be brought against him for being Entered without inspection .. if that was the case. snuck in without visa. If his parents came in on legal visa with him and just overstayed. He will be able to adjust status by marrying a USC and not worry about deportation. All will be forgiven.

                    No Asylum case that is denied is not that easy to just go marry USC to solve everything. Remember once case is denied, that alien will go into removal proceedings to be removed. If asylum case was denied becuase alien used forged documents to get here, marriage will not solve problem to adjust status. I have painstakingly seen this twice. No marriage did not save and they have to live in Spain. one in Canada. Wives did not follow.

                    Of course aliens in removal proceedings find USC to marry .. and many of them end up adjusting status in front of IJ. many of them are denied. its called take your shot , u have nothing to lose. all fall under scrutiny.

                    Asylum cases fall under a much greater scrutiny when it comes to marriage in removal proceeding.

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                    • #11
                      4now,
                      This is not correct. If the assylum case was admistratively closed, it means it was closed on a technicality, not a decision based on meeting the requirements on assylum. The assylee had 2 open cases trying to adjust status. This is not allowed under INA proceedures. He should get the removal orders soon, but can go before an immigration judge to see which case has precedence. The judge will determine if the OP can remain in the states because of hardship conditions or can have the reinstatement of the assylee case ot the marriage petition. It is complicated and the attorney will need to make a clear argument for either the assylee or the marriage petition. His status right now is in limbo.
                      "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

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                      • #12
                        Hudson is a ****sterhead who talks too much but never to the point, so you can safely ignore him

                        In fact the case is nothing but a routine - as long as final deportation orders weren't issued against OP, as long as OP married to USC ( but didn't marry while in exclusion proceedings for the purpose of evading US Immigration laws) , and as long as USC spouse petitions for OPs AOS.

                        Whether AOS will take place in Court or CIS Office is just part of a routine and in the end won't make a difference, as purpose of both is application of INA.


                        Good Luck,

                        IE

                        Comment


                        • #13
                          Hudson.



                          You do realize I was responding to MacyUhoo's post .. dont you


                          What is not correct? I am fully aware that two cases cannot be open at the same time. What does that have to do with my response to Macy?


                          Where in my thread do you see an inccorect statement???? It appears that you have some assumptions in your response, but that is not what you have read in my thread.

                          Please Di moi

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                          • #14
                            What does final order of deportation really mean? Is this an order after all the appeals have been made...let's say 9th Circuit or Supreme Court decision? Or if one receives the so called "bag & baggage" letter?

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                            • #15
                              "bag & baggage" letter

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