Asked in Immigration Law for New Mexico

Q: Need help with Marriage based visa

Hi, I’m a US citizen and fiancé is not.He lived in the US for 2 years and had filed for asylum and before he got the interview the leader in his country was removed from power and situation had normalized so he went back a few months later.He did not do was notifying the USCIS that he was leaving the country.Now we want to get married,I have been to his country several times and we are expecting a baby soon.My question is,can I file for him to come live with me in the US under marriage green card and what is the process?Will his asylum case affect anything when I file for him?

Thank you

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1 Lawyer Answer
Stephen Arnold Black
Stephen Arnold Black
  • Immigration Law Lawyer
  • Orlando, FL

A: The general rule is that a bona fide asylum applicant does not accrue unlawful presence while his application is pending. There’s exceptions to this rule so more info is needed. Discuss with counsel anywhere in the USA.

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