Can I Get a Marriage-Based Green Card if I Have a Pending Asylum Application?

Can I Get a Marriage-Based Green Card if I Have a Pending Asylum Application?

If you are an asylum applicant and you marry a U.S. citizen or lawful permanent resident, your marriage will have an impact on your immigration status. This is because you may be able to get a green card through marriage even while your asylum application is pending. This is known as “adjustment of status” and can be much faster than waiting for an asylum application to be decided. It can be done while your asylum application is pending.

You Must Prove that Your Marriage is Real and Not a Sham

You Must Prove that Your Marriage is Real and Not a Sham

Before you pursue the green card through marriage, it is important to show that your marriage is real, and not a sham. If USCIS doubts the validity of your marriage, your petition can get denied and can jeopardize your ability to get a green card. To prove that your marriage is real and not a sham, you must show that you entered the marriage in good faith. This means that your spouse did not enter the marriage just to get a green card.

How to Apply for a Marriage-Based Green Card

If you’re married to a US citizen, you may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, and Form I-130 concurrently with USCIS. You will also need to pay the filing fee and provide supporting documentation of eligibility. You must also meet the following eligibility requirements:

  • You must be physically present in the United States;
  • You must be admissible to the United States.

If you meet these requirements, you may be eligible to file Form I-485, Application to Register Permanent Residence or Adjust Status, with USCIS. You will also need to pay the filing fee and provide supporting documentation of eligibility.

If you do not meet these requirements, you may need a waiver. For example, if you are married to a Lawful Permanent Resident and you are out of status, you cannot adjust. If you have certain criminal convictions or other violations of immigration law, you may also not be eligible to adjust and you may need a waiver of inadmissibility.

What Happens to Your Asylum Application Once You File the Marriage-Based Green Card Application?

The asylum application will remain pending while your marriage-based green card is decided, but you can withdraw the asylum application once the green card is approved. It is important to keep your asylum application open until your green card is approved. If your green card application is denied, your asylum application will likely be denied.

How Long It Takes to Get a Marriage-Based Green Card

The wait time to get a green card through marriage depends on the processing times. The USCIS processing times vary by location and type of application, but the average wait time is around 6 months or more.

If you live in one of the states with a large backlog of cases, your case could take even longer than 6 months–and that’s if everything goes smoothly! If there are any problems with your paperwork or other issues arise during processing, then your case will take even longer than expected.

You may also need to appear for an interview before being approved for permanent residency.

If the Marriage-Based Green Card gets Denied, the Asylum Will Probably Get Denied.

If you are applying for both a marriage-based green card and asylum, it is important to know that if the marriage-based green card application gets denied, your asylum application will probably be denied. This can lead to severe immigration consequences especially if you are an asylum seeker who fled your country because of persecution. USCIS may refer you to removal proceedings where the government will try to deport you.

A Final Note

In summary, if you’re applying for asylum, it’s important to know that you may be able to apply for a green card through marriage to a U.S. citizen or permanent resident. If your marriage-based green card application is denied, then your asylum application may also be denied by default. It is very important to speak to an immigration attorney before filing for this type of benefit. The attorneys at IBP Immigration Law have helped many families in this exact scenario and can help you too. Contact us today and schedule your consultation.

Green Card Process Through Marriage for LGBTQ Couples

Green Card Process Through Marriage for LGBTQ Couples

The process of obtaining a green card through marriage for LGBTQ couples is identical to that of heterosexual couples. It begins with a US citizen or lawful permanent resident spouse filing a petition for an immigrant visa on behalf of their spouse. If the couple’s marriage takes place while the foreign national’s children are minors, the petitioner can also sponsor the stepchildren. It is essential for the couple to be legally married.  This is sometimes a hurdle for some couples that cannot legally marry because the foreign national lives abroad in a country that does not recognize LGBTQ marriages.
In some cases, foreign nationals married to a US citizen can apply for an adjustment of status (green card application) within the United States. This typically applies to couples who are already married and residing together in the US. In such situations, the US citizen spouse submits a Petition to U.S. Citizenship and Immigration Services (USCIS) and simultaneously submits an Adjustment of Status application to acquire the green card.

What if the Foreign National is Living Abroad?

It is essential for the couple to be legally married.  This is sometimes a hurdle for some couples that cannot legally marry because the foreign national lives abroad in a country that does not recognize LGBTQ marriages.
Nevertheless, the process of obtaining a green card through marriage differs when the foreign national spouse resides outside the United States. Initially, the US citizen or lawful permanent resident petitioner submits the relevant petition to the USCIS, including all necessary evidence at the time of submission. For instance, the petitioner must demonstrate a bona fide marriage to the beneficiary (foreign national).
Following the petition’s approval, the beneficiary (foreign national) applies for the immigrant visa through a “Consular Process.” This process commences once the approved petition is sent to the National Visa Center for the immigrant visa application, marking the second step of the immigration process. At this stage, both the petitioner and beneficiary must provide additional documents to the government to satisfy all legal requirements.
For instance, the petitioner must submit an Affidavit of Support, proving their financial capability to support the foreign national in the United States. If the petitioner cannot demonstrate meeting the minimum income requirement for sponsorship, a “joint sponsor” may be utilized. The joint sponsor must also present evidence of their eligibility to sponsor the foreign national.
The beneficiary (foreign national) must establish their good moral character and admissibility to the United States. This typically entails providing proof of no criminal convictions, law violations, or diseases that would prevent them from becoming a U.S. resident.

Should I Be Concerned About Discrimination Against My LGBT Marriage?

USCIS is prohibited from discriminating against same-sex couples. If your marriage relationship is private, you should have no concerns, as all your documentation will remain confidential. You might be worried about not having sufficient evidence to prove the authenticity of your marriage, especially if you are newlyweds. Sometimes, new couples may lack the evidence that USCIS typically prefers to see.
However, USCIS thoroughly examines all marriage-based cases to ensure their genuineness. Their responsibility is to confirm that people are not marrying solely to obtain U.S. lawful permanent residence (a green card). Fortunately, USCIS is not permitted to scrutinize LGBTQ marriages more closely than heterosexual marriages. So, even if you have limited evidence, there is no need to panic. With some ingenuity and assistance from your lawyer, you can demonstrate the legitimacy of your marriage.
Here are some tips on the types of evidence you can use to prove the authenticity of your marriage:
  • File your next tax return as “married.” You can also amend previous tax returns to reflect your marital status;
  • Request friends and family to write statements or affidavits on behalf of you and your spouse;
  • Obtain copies of tickets or hotel receipts from trips you have taken together;
  • Collect receipts for gifts you have purchased for each other;
  • Take photos of your dates, gatherings with friends and family on holidays and special occasions, your home, and places you have visited together at various times;
  • Write statements about your relationship, detailing how you met, fell in love, planned the wedding, and so on;
  • Continue to gather evidence of your relationship even after submitting your petition. This will be helpful if USCIS requests additional information.

The Marriage Green Card Interview for LGBTQ Couples

The Marriage Green Card Interview for LGBTQ Couples

Immigration interviews can be nerve-wracking, especially when dealing with a government official. However, being well-prepared can help alleviate some stress.
Begin by reviewing all the forms related to your case. Both you and your spouse should be familiar with critical dates and each other’s information, such as current employer and parents’ names. Additionally, review the documents submitted with your application package.
Your immigration lawyer can also help prepare you for the interview. They can go over your forms and documents with you and assist in gathering any additional evidence accumulated since submitting your application package. Immigration lawyers can also represent LGBT couples during the interview to ensure a smooth process.
During the interview, the Immigration Officer may ask questions about you, your spouse, and your relationship. Do not be alarmed by this; answer honestly and truthfully. Remember to take a deep breath and try to stay calm!

How IBP Immigration Law Can Help

IBP Immigration Law is committed to helping LGBTQ couples successfully navigate the marriage green card process. With a team of experienced immigration lawyers, they provide comprehensive legal assistance tailored to the unique needs of each couple. Here’s how IBP Immigration Law can help LGBTQ couples achieve success with their marriage green card:
  1. Expert Guidance: IBP Immigration Law’s knowledgeable attorneys understand the complexities of immigration law, particularly as it pertains to LGBTQ couples. They provide expert guidance throughout the process, ensuring that all legal requirements are met and that couples are well-informed about their rights and obligations;
  2. Personalized Approach: Recognizing that each couple’s situation is unique, IBP Immigration Law takes a personalized approach to address individual concerns and challenges. They work closely with clients to develop a strategy that maximizes their chances of success in obtaining a marriage green card;
  3. Thorough Case Preparation: The team at IBP Immigration Law meticulously prepares all necessary forms and documents, ensuring that couples submit a complete and accurate application package. They also help gather compelling evidence to prove the authenticity of the marriage and address any potential issues that might arise during the application process;
  4. Interview Preparation: IBP Immigration Law assists couples in preparing for the immigration interview by reviewing their forms and documents, providing guidance on potential questions, and offering tips on how to present themselves confidently and effectively. They can also represent LGBTQ couples during the interview, ensuring that the process goes smoothly and that their rights are protected;
  5. Ongoing Support: Throughout the marriage green card process, IBP Immigration Law provides ongoing support and communication, keeping clients informed about the status of their application and addressing any concerns or questions that may arise;
  6. Advocacy: In the event of any challenges or complications, the lawyers at IBP Immigration Law are ready to advocate on behalf of their LGBTQ clients, ensuring that they receive fair treatment and that their rights are upheld.
By partnering with IBP Immigration Law, LGBTQ couples can feel confident and secure in their pursuit of a marriage green card, knowing that they have a dedicated team of professionals on their side every step of the way.  Schedule your consultation by clicking here.

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