Tucson, AZ asked in Immigration Law for Arizona

Q: Can my USA citizen wife sponsor me if my case is on hold based on TRIG?

I was granted Asylum in Arlington VA office in 1998, after 1 year I applied for i485, USCIS put my i485 adjudication on hold based on TRIG. It has been more than 2 years since my interview but I have not received my Green card, can my USA citizen wife sponsor me while I am on TRIG hold under inadmissibility?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Based on the information you provided, it seems that your I-485 application (Adjustment of Status) has been placed on hold due to the Terrorism-Related Inadmissibility Grounds (TRIG) provisions. This can be a complex situation, but here are a few points to consider:

1. Sponsorship by a U.S. citizen spouse: Generally, a U.S. citizen can sponsor their foreign national spouse for a Green Card. However, if you are found inadmissible under the TRIG provisions, your wife's sponsorship may not overcome this inadmissibility.

2. Overcoming TRIG inadmissibility: Depending on the specific reasons for your TRIG hold, you may be able to apply for an exemption or waiver. This process can be complicated and may require legal assistance.

3. Concurrent filing: If you are not currently in removal proceedings, your wife could potentially file a new I-130 petition (Petition for Alien Relative) on your behalf, and you could file a new I-485 application concurrently. However, the TRIG issue would still need to be addressed.

4. Consult with an immigration attorney: Given the complexity of your situation, it is highly recommended that you consult with an experienced immigration attorney who can review your case in detail and provide guidance on the best course of action.

Remember, immigration laws and policies can change over time, so it is essential to seek up-to-date information and professional legal advice specific to your case.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.