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  • adjustment of status

    I have pending asylum case with the BIA, now I got married to U.S citizen, what you recomend me to do?

  • #2
    I have pending asylum case with the BIA, now I got married to U.S citizen, what you recomend me to do?

    Comment


    • #3
      Pending case with BIA means either you were denied OR you took voluntry departure.
      You got married to USC ,I-130 should be filed on your behalf to INS and (I guess)your attorney already filed motion to reopen your Political asylum case in BIA, If not then old case has to open to get adjusted, ther is time limit to file motion to reopen if this time limit went by then motion will be denied and you will not get adjustment.
      Keep in mind INS cannot adjust your status, at this time ONly court can, and court will only do this AOS if your old case will open/remand.
      there is one other possiblity if service want to join for motion. ask your attorney.

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      • #4
        my case was denied by the immigration judge, and now I have to fill the breif within 2 weeks, and then I dont know what to do? maybe to wait until the decision come or untill new notice?

        Comment


        • #5
          Your case is denied. filing brief means you are contesting the Immigration court decision. filing breif means you have to come up with evidences and write the fact that why BIA should consider the judge's decision.
          There are two main reason.. to open the case
          If there is any new development and facts.. you have to provide within this brief.
          second you should have prima facieblity.
          your lawyer should write the supplement of brief stating that facts that why your political asylum should be granted and what are then change in condition or new evidence. for example change in country condition which you belongs too, in case of percecution.
          this must be posted within two weeks and copy to be send to INS.
          DO it in time.
          This has nothing to do with I-130 approval. I -130 can be approve without BIA decision you don't have to wait for Decision just to file I-130. you should not file I-485. as you only be adjusted in court.
          good luck

          Comment


          • #6
            ok

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            • #7
              So I need to send the breif now with the new evidence that I have, and after that, one month or two I need to adjust statued by filling form I-130.

              thats what do you mean?

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              • #8
                What Next Please?

                Comment

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