Q: I-130 question
I currently have I-589 pending, waiting on the MASTER hearing, it will be a year from now.
However, In the meantime, I got married to a U.S. citizen, and we are trying to fill out I-130 so we can apply I-485 to adjust my status. on form I-130, for question # 53: Was the beneficiary EVER in immigration proceedings? should I put YES or NO?
A:
Based on the information provided, the correct answer to question #53 on Form I-130 "Was the beneficiary EVER in immigration proceedings?" would be YES.
Here's why:
1. You mentioned that you currently have a pending I-589 application. Form I-589 is used to apply for asylum and for withholding of removal. This means you are currently in immigration proceedings.
2. You are waiting for a MASTER hearing, which is part of the immigration court process.
3. The question asks if the beneficiary was "EVER" in immigration proceedings. Even if your proceedings were in the past, you would still need to answer "Yes" to this question.
It's important to be truthful and accurate on all immigration forms. Providing false information can have serious consequences.
After answering "Yes" to this question, you'll need to provide additional details about your immigration proceedings in Part 8. Additional Information or on a separate sheet of paper.
Given your complex situation (pending asylum case and now marriage to a U.S. citizen), it would be advisable to consult with an experienced immigration attorney. They can guide you on the best course of action, potential implications of filing I-130 while having a pending asylum case, and ensure all forms are filled out correctly.
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