Fairfield, OH asked in Immigration Law for Ohio

Q: i came in with a b1/b2 visa ,applied for asylum which is still pend and i want to get married to US citizen ,

I want to apply for green card through marriage and i am worried if it would be easy ,view that i already have a pending asylum ,also because on my 1-589 form i checked the box for ,withholding of removal under the convention against torture.

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2 Lawyer Answers

A: Even if you have a pending asylum case, you can still be sponsored for a green card after marriage to US citizen.

James L. Arrasmith
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Answered

A: You can apply for a green card through marriage to a U.S. citizen even if you have a pending asylum application. It is important to ensure that your marriage is genuine and not solely for immigration purposes, as this will be scrutinized during the process. When you file the marriage-based green card application, you will need to submit several forms, including Form I-130 (Petition for Alien Relative) and Form I-485 (Application to Register Permanent Residence or Adjust Status).

Given that you checked the box for withholding of removal under the Convention Against Torture on your I-589 form, it might add some complexity to your case. You may need to explain your situation clearly and provide any additional documentation that supports both your asylum claim and your marriage-based application. Be honest and thorough in your submissions to avoid any potential issues.

It's a good idea to stay informed about the steps and requirements involved in the process. Keep all your documents organized and be prepared for any interviews or additional requests for information from the immigration authorities. While the process can be challenging, being well-prepared and transparent can help you navigate it successfully.

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