Queens, NY asked in Immigration Law for New York

Q: Hi Sir,I’m in USA from last 3 years and i came here with C1/D.Can i still apply for an asylum?Please suggest me thanks:)

I came in USA October 2018.Now I’m married here with a citizen.

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2 Lawyer Answers
Samuil Buschkin
Samuil Buschkin
Answered
  • Immigration Law Lawyer
  • Ridgewood, NJ
  • Licensed in New York

A: Asylum requires an application within a year of entry to the US, with a few exceptions that appear not applicable to you based on what information you shared.

You also cannot adjust status from a c1d through marriage.

You probably would need to return to your country of origin and try a waiver and marriage based petition.

Long and costly process but you should speak to an immigration lawyer. this forum is not legal advice or provides a framework that can fully assess your situation.

1 user found this answer helpful

Alexander Ivakhnenko
Alexander Ivakhnenko
Answered
  • Immigration Law Lawyer
  • Wheeling, IL

A: As you may know by now any credible asylum claim must be filed within first twelve months of entry to the United States absent any extraordinary circumstances and country conditions that may provide an articulable legal ground for filing after that first year.

Also, adjusting after the original Cd-1 visa is not easy for a number of legal reasons beyond this open forum discussion.

You may consult further with an experienced legal professional versed in the U.S. immigration law.

1 user found this answer helpful

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