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I-485 Marriage based when Asylum pending (Do I need Waiver for Unlawful Presence?)

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  • I-485 Marriage based when Asylum pending (Do I need Waiver for Unlawful Presence?)

    I came to US with B2 visa, applied for asylum(december 2014) within a month of last entry and my asylum case is still pending(interviewd March 2017). Meanwhile I got married to US Citizen and applied for concurrent I130& I485 on January 2018. I just received my I485 interview notice today. My question: Do I still need to get Provisional Waiver for Unlawful Presence? As I'm staying here last four years based on pending asylum and now I'm trying to adjust my status based on marriage. I really appreciate your kindness to reply me. thank you

  • #2
    Originally posted by mhossainbk View Post
    I came to US with B2 visa, applied for asylum(december 2014) within a month of last entry and my asylum case is still pending(interviewd March 2017). Meanwhile I got married to US Citizen and applied for concurrent I130& I485 on January 2018. I just received my I485 interview notice today. My question: Do I still need to get Provisional Waiver for Unlawful Presence? As I'm staying here last four years based on pending asylum and now I'm trying to adjust my status based on marriage. I really appreciate your kindness to reply me. thank you
    No. You don't have a ban because you never left the US (and you don't need to leave the US which triggers a ban, because you are eligible for AOS), so there is no ban to "waive".

    This is my personal opinion and is not to be construed as legal advice.

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