Marriage green card application with Asylum case pending

[pandabear555]

I am a US citizen, and filed the green card application for my husband in July 2017 and our PD is July 31, 2017. At the time we file the application package (I-130, I-485, I-765, etc) my husband had a pending Asylum case with interview conducted in December 2016. Now, around Aug 25, we received a letter from the Asylum office that his case got sent to the immigration court, and might subject to removal depends on the immigration court judgement, I guess. The court date is TBD.

I wondered if anyone has been in a similar situation before. What would happen to our green card application in this case. Are we going to have to see the immigration judge for his adjustment of status (I-485 application)? Do we still gonna have an interview with the immigration office for my I-130 application? Is this immigration court thing on his Asylum case gonna delay the green card process?

Please help

Thanks!

[jambreaker]

Good Luck

I was in a similar situation but my case was a little different because I didn't have my asylum interview scheduled yet. So I went to my marriage based interview with my wife and everything went well. I wish you all the best.

[inadmissible]

USCIS does not have jurisdiction to adjudicate an adjustment of status application where the applicant is in removal proceedings. Only the immigration court can adjudicate that application in that circumstance

The question then is your husband in removal proceedings? If he has been given a Notice to Appear for a removal hearing, then he is already in removal proceedings. Assuming he is eligible for adjustment of status in the first place (ie he entered the country with inspection), he can request adjustment as a form of relief from removal. The immigration judge will either adjudicate the adjustment application himself, or terminate the proceedings and remand the adjustment case back to USCIS for adjudication

It is pretty straight forward, just that everything moves so slowly with the immigration court backlog

[HondurasNative]

I am a US citizen, and filed the green card application for my husband in July 2017 and our PD is July 31, 2017. At the time we file the application package (I-130, I-485, I-765, etc) my husband had a pending Asylum case with interview conducted in December 2016. Now, around Aug 25, we received a letter from the Asylum office that his case got sent to the immigration court, and might subject to removal depends on the immigration court judgement, I guess. The court date is TBD.

I wondered if anyone has been in a similar situation before. What would happen to our green card application in this case. Are we going to have to see the immigration judge for his adjustment of status (I-485 application)? Do we still gonna have an interview with the immigration office for my I-130 application? Is this immigration court thing on his Asylum case gonna delay the green card process?

Please help

Thanks!

I was in Removal proceedings while i did I-130 interview and currently waiting i-485 for the interview. we had talked to immigration lawyers and had agreed to terminate removal proceeding prior to submitting to the judge. Judge can sometimes make things a lot more difficult that should be

[josuem19k4]

What happened did you got your green card?

I was in Removal proceedings while i did I-130 interview and currently waiting i-485 for the interview. we had talked to immigration lawyers and had agreed to terminate removal proceeding prior to submitting to the judge. Judge can sometimes make things a lot more difficult that should be

Did tou end up getting the green card?

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USCIS does not have jurisdiction to adjudicate an adjustment of status application where the applicant is in removal proceedings. Only the immigration court can adjudicate that application in that circumstance

The question then is your husband in removal proceedings? If he has been given a Notice to Appear for a removal hearing, then he is already in removal proceedings. Assuming he is eligible for adjustment of status in the first place (ie he entered the country with inspection), he can request adjustment as a form of relief from removal. The immigration judge will either adjudicate the adjustment application himself, or terminate the proceedings and remand the adjustment case back to USCIS for adjudication

It is pretty straight forward, just that everything moves so slowly with the immigration court backlog

I entered the country without inspection.
I claimed fear to go back to my country and i was found with a credible fear and put on Parole(I-94 card was issued to me)
A couple of years later I married my wife and she applied for I-485 amd I-130 now im waiting for the marriage based interview. Meanwhile my court date for the asylum is Nov 2019.
And im pretty scared because i dont know whats going to happen

[azblk]

I entered the country without inspection.
I claimed fear to go back to my country and i was found with a credible fear and put on Parole(I-94 card was issued to me)
A couple of years later I married my wife and she applied for I-485 amd I-130 now im waiting for the marriage based interview. Meanwhile my court date for the asylum is Nov 2019.
And im pretty scared because i dont know whats going to happen

If you are denied asylum then you have a i-485 to fall back on. If i-485 interview/approval comes before asylum interview then you wont need asylum and they will terminate your case.

[zalperen]

questions

I was in a similar situation but my case was a little different because I didn't have my asylum interview scheduled yet. So I went to my marriage based interview with my wife and everything went well. I wish you all the best.

I have the same scenario, it has been a year since I got my working permit and I just got married I am going to apply for the green card, did you pay the biometric fee, how soon did you get

your interview date, so you applied for I-130, and I-485 right, no need to apply for work Work Authorization?

If you can send me some tips would be great

Thank you

[4uki]

Yes, waiting is very long. But you can hire an immigration lawyer to speed up the decision-making process. Here www.politicalasylumusa.com deal with immigration issues related to asylum. They will be able to advise you on the phone and give useful advice. In any case, you need to monitor your status and be sure of having all the documents

[April2017FI]

I have same case as you

I was in a similar situation but my case was a little different because I didn't have my asylum interview scheduled yet. So I went to my marriage based interview with my wife and everything went well. I wish you all the best.

I went to the interview the officer told me base on marriage everything is fine, so she has to look at the asylum case. Can u give me an idea.

[rins]

I went to the interview the officer told me base on marriage everything is fine, so she has to look at the asylum case. Can u give me an idea.

hi,

did you face the asylum interview yet?

[osus2013]

Long time after interview

Hi all,
Here is my situation.
I applied for marriage base green card in August 2016 while my asylum case was pending , had interview in June 2017 and still no decision . I did a few service requests ... never received a reply for any of them .... year and half after interview.... interview went ok , can?t say it was perfect but still....

thank you for any information you guys can share

[UScitizenFilingforspouse]

Hi all,
Here is my situation.
I applied for marriage base green card in August 2016 while my asylum case was pending , had interview in June 2017 and still no decision . I did a few service requests ... never received a reply for any of them .... year and half after interview.... interview went ok , can?t say it was perfect but still....

thank you for any information you guys can share

I would reach out to your US Senator(s), Congressperson and Ombudsman to inquire on your behalf. I would do it in that order.