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

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.