Q: Applied for Asylum status after family petition I-130 was filed.
My wife LPR filed I 130 petition. Later I decided to file an Asylum application. Just for information, none of the cases are “frivolous,”. marriage Is bona fide (expecting baby already), and Asylum case has really serious grounds.
1) Can I withdraw Asylum application when PD on I-130 is current? Family based application gonna be faster then Asylum case. Withdraw before an interview or after before court hearing? and what affects withdrawal may have on I-130 case?
2) One of the requirements for status adjustment while in US is that an applicant has to maintain a lawful presence (non-immigrant status) in US with lawful status on the date of filing I-485. I know I am considered to be lawfully present in US before my Asylum case is decided, but what about non-immigrant status? Do I still keep non-immigrant status?
3) If PD is current and I decide to apply for status adjustment what should I do? first, file I-485 and then withdraw asylum case or first withdraw and then file I485?
A: You really need to retain counsel, your post shows that you have no idea what you are doing. Only an Immigration attorney has the expertise to properly fill out immigration forms and put together the right package of documents and other evidence to support the immigration benefits you are trying to obtain. However, especially in these turbulent times, you really need to retain an immigration attorney. This is not a do-it-yourself project! You should focus on retaining experienced immigration counsel, especially now that immigration is much more restrictive since Trump is now President. Immigration is a very complex area of law. It is a lot more than merely filling out forms. You need to retain an immigration attorney to handle all immigration proceedings. This prevents errors that can sometimes prove costly and may even be irreversible. You should always seek to obtain the best attorney that you can afford and not let geographic restrictions stand in the way. Some immigration attorneys will charge a consultation fee, however those that do so, will give full credit if you retain their law firm. Do not let geographic restrictions prevent you from obtaining the best possible attorney. Good luck.
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