Ellicott City, MD asked in Immigration Law for Maryland

Q: She applied for asylum when she were single, so when got married they gave her an Interview for asylum but suddenly…

They denied her application and send her to court for removal or approval so now we are married and have one child together and I’m à Us citizen, what can we do to adjust her status and avoid the court date because it will be In August next year ..

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2 Lawyer Answers
Alexander Ivakhnenko
Alexander Ivakhnenko
  • Immigration Law Lawyer
  • Wheeling, IL

A: First things first:

1. they (the U.S. Asylum Office) did not not deny her application. The application was REFERRED to the respective U.S. federal immigration court,

2. Any changes in the marital or adjustment of status eligibility situations must be amended to the present pending asylum case with the court,

3. Since you are a US Citizen your foreign national spouse is eligible to adjust based on a marriage to a USC, yet it will require exact legal and procedural steps to clear that hurdle.

Start with a consultation with an experienced immigration attorney to receive more information of your immediate steps towards that result.

Ana S. Mendieta
Ana S. Mendieta
  • Immigration Law Lawyer
  • Naples, FL

A: I would have to ask how did your spouse enter the United States. If it was a legal entrance then the way for her to adjust her status would be through family petition and concurrent request.

However, if your spouse entered the United States illegally, then the process would be through the U.S. Consulate in her country of origin. This implies many steps, but is also feasible.

Any route your spouse many take to become a legal resident may help her to avoid court.

I strongly suggest you call an immigration attorney to help you clear the path and represent your spouse through it. Please remember immigration is very complex and what may seem simple enough, may not be.

Wish you both the best,

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