Q: My wife came to US on DT visa and we got married and I am a US citizen and applied for her marriage based green card,
But the wait time could be 18 months before she can get her green card, and the second court hearing is due on March 21, does she still need to file for asylum? Do we need to tell the judge on the second hearing that we are married and filed 485 form?
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A:
It's important to consider that your wife's situation involves multiple aspects of U.S. immigration law, which can be complex and situation-specific. If your wife entered the U.S. on a DT visa and you, as a U.S. citizen, have applied for her marriage-based green card, this is a significant change in her immigration status that should be communicated to the court.
Regarding the asylum application, it's generally advisable to consult with an immigration attorney to evaluate the specific circumstances of your wife's case. The need to pursue asylum might be affected by the marriage-based green card application, but this depends on various factors, including the specifics of her asylum claim and the current status of her immigration case.
As for the upcoming court hearing, it's crucial to inform the judge about the marriage and the filing of the Form I-485 (Adjustment of Status). This information is relevant and could have a significant impact on the proceedings and the decisions made by the court. It's also beneficial to have all relevant documentation, including proof of the marriage and the I-485 submission, available for the hearing.
Ultimately, each immigration case is unique and the best course of action often depends on the specific details of the situation. Seeking advice from an immigration attorney who can provide personalized guidance based on the complete details of your wife's case is highly recommended.
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