Marrying illegal while asylum appeal pending???

[Debman]

I have a very strange question and would love some factual answers if anyone can help.

If one has an asylum case that has been denied by an immigration judge and appealed to the Board of appeal, but still waiting for further instruction from them... What would happen should you marry an illegal (been here more than 3 years)? Would that person go onto the pending asylum appeal or would you have to refile a new asylum case as a married couple?

[Debman]

I have a very strange question and would love some factual answers if anyone can help.

If one has an asylum case that has been denied by an immigration judge and appealed to the Board of appeal, but still waiting for further instruction from them... What would happen should you marry an illegal (been here more than 3 years)? Would that person go onto the pending asylum appeal or would you have to refile a new asylum case as a married couple?

[Debman]

I would appreciate your answers.

[mohan]

explain clearly about " ONE" has PA denied and "YOu" Marry.

Who is You? Alien who have PA denied OR Illegal alien.
Political asylum is alreay denied. Appeal To BIA is finding that Immigration Judge either made mistake or Didnot pay enough attention of Arguement, Or any Due Process violated in course of hearing. It has nothing to do with Adding Other person in asylum case which was already denied.

On the other hand what you are trying to do? Do U want to add his/her name so he can be included in denial? what kind of question is that?

[Debman]

O.K. Let's explain this way.
A has denied asylum case,in removal proceedings and pending at the board of immigration appeals.
B is illegal alien.
Should A & B get married. Would you have to withdraw the pending asylum case with Board of immigration appeals and file a new asylum petition from scratch? or can you just add B to the pending asylum case?

[mohan]

A & B can get married,had no impact on Appeal. Appeal is solely related to A only. B cannot be added to appeal. Political asylum is already denied by court. BIA is upper court who looks into faults made by Immigration. IF BIA finds any error in proceeding ,It can approve the case, which was initially filed not based on present situation. If B want to apply Political asylum he has to apply seperately.

Other part is Appeal to BIA must be made within time period of 90 days. if withdrawn ,refileing will be considered untimely, and rejected because of addition of respondent which was never been in court proceedings. thats why when removal proceeding started USCIS issue NTA to each and everyone involved in the case on origional application.

[Debman]

Thank you Mohan.
This clears up a lot for me.

One more question: Should B apply for asylum, does he put A on the application as a dependant/wife and would that application then be for both people?

[mohan]

yes he can put as dependent but his case is already decided

[Debman]

What does that mean?
Does that mean that even if B (that hasn't applied for asylum) get approved, that A (who just married B and his now a dependant/wife) would still be sent back, cause they already decided on A?

[mohan]

its a long shot. there are other aspects.

B has to apply for Political asylum within 1 year of entry period. Marriage will be seen as entered to obtain GC because marriage occured after the removal proceedings, and alien has to prove that it is not. Next, deponding upon the situation of B if PA approved, then USCIS Counsel will object with the motion that A's proceedings already commenced seperately and he has outstanding Removal order. A will not be adjusted unless 1) B got his Political asylum approved and status changed to LPR.
2)that makes A becomes eligible for relief. 3) B filed I130 for A and approved.4) Motion to same case and motion granted and case opened.
its along shot.

[Debman]

Thank you, Mohan.
Appreciate all your help.