FACTS: A pair of our clients recently earned their US Lawful Permanent Residence through marriage to a US Citizen spouse while their asylum cases were pending at the US Asylum Office. After years of delays with the US Asylum Office our clients had met and married US Citizen spouses. Importantly, both clients had entered the US lawfully with a visa, and had applied for asylum without being placed in removal proceedings.  After having their cases pending for many years without an interview, both clients were eager to move on with their lives and obtain US Lawful Permanent Residence (a “green card”) based on their marriages.

ANALYSIS: Applicants for asylum are often left waiting for many years to receive a decision on their case. When this happens, they will often meet and marry a US Citizen while waiting on their case to be approved by the US Asylum Office. If you meet and marry a US Citizen while your asylum case is pending, it is possible to seek a “green card” based on that marriage. See, INA Sec. 245(a)

In this case, both clients had: (1) entered the US with a valid visa, and (2) had not been placed in removal (deportation) proceedings.  This is very important since it means that jurisdiction over their cases remained with USCIS and they were able to seek a “green card” while their asylum cases were pending with the US Asylum Office.

Although it may be possible to seek a “green card” based on marriage even if you have not entered with inspection (meaning you were admitted, inspected, or paroled into the US), it is far more difficult to do so.

RESULTS: Our office assisted the clients with preparing and filing the required paperwork with USCIS, including a Form I-130 Petition for Alien Relative (filed by the US Citizen spouse) and Form I-485, Application to Adjust Status (filed by the foreign national).  In both cases an interview was conducted by USCIS to allow USCIS to determine that the underlying marriage was “real” and that the foreign national was not inadmissible to the United States. After a successful interview, both cases were approved.

Once the “green card” application is approved, clients may withdraw their asylum cases, but must be careful to ensure they do not contradict the asylum application by immediately traveling home to their country unless it is safe to do so.

DISCLAIMER: All Case Results published here depend on specific facts and legal issues unique to the case. It is impossible to guarantee any results.