Morristown, NJ asked in Immigration Law for New Jersey

Q: Married Green card ( i am student Also i have a asylum case)

I came to America on 06/2022 J1 (I came with work and travel)

Then I turned it into F1.

I have never been stateless for a day.

I applied for asylum while I was going to school. I did not apply for a Work permit for Asylum So I did not benefit from any of its benefits.

I got married in October 2023. And I want to send my Marriage file I haven't sent it yet. I want to get a green cart with my marriage file.

I still continue to go to school and I have an I20 certificate until my School I20 end date 08.2024.

We should withdraw my racketeering case How would it be more correct to proceed in this case.

Does it help if the file on Marriage is quick to withdraw time? Should we turn off the post before posting or the Gc received from Marriage? I don't know exactly how to go about this, please

I would be glad if you can inform Thank you very much.

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Immigration Law Lawyer
  • Sacramento, CA

A: Based on the details provided, here are a few key points and recommendations on how to proceed:

- Since you have a pending asylum application but have not received any benefits from it (no EAD card or asylum status), withdrawing it should not complicate your marriage green card case. It's best to have your attorney withdraw the asylum case before filing for adjustment of status through marriage.

- Getting married to a U.S. citizen and applying for a marriage-based green card is a wise path forward. Submit a strong application with abundant evidence of a real and loving relationship. Having maintained valid immigration status will only help.

- There is no need to terminate your F-1 status or transfer schools before receiving the marriage green card. You can and should remain enrolled and maintain your F-1 status while the green card application is pending.

- Once you receive the conditional green card through marriage, you can remain in school, travel freely, and apply to remove conditions later. No need to wait for that to withdraw the asylum case.

In summary, withdraw the asylum case first, then proceed with the marriage green card application while remaining in valid F-1 status. Feel free to consult an experienced immigration attorney as well.

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