Hello,

I need a help for applying asylum.

Question

Hello, 
 
I came here with a B2 visa and married to my boyfriend with an F1 visa here in California. 
He won 2025DV and he is waiting for his bulletin to adjust the status. 
For me, my visa will be end in mid Dec and denied for TPS because of late arrival ( TPS is approved for Myanmar citizens who arrived before Mar 21). 
Since there is no choice, I decided to apply for asylum now since USCIS will not be likely approve to extend my B2 visa or applying F2 as I married here with B2 visa and; my issue is to add my husband in my asylum case as a husband or not. I do not want to spoil his F1 status and AOS for the DV lottery.  
 
Regards, 
Cynthia

James L. Arrasmith · Answer

Your situation requires careful consideration given the multiple immigration statuses involved.  
 
When applying for asylum, you can include your spouse on your application if you wish, but it's not mandatory. Given that your husband has an F1 visa and is waiting for DV lottery processing, you might want to file your asylum application independently to avoid any potential complications with his current status and upcoming adjustment of status through the diversity visa program. 
 
You should consider consulting with an immigration attorney who can review your specific case details, including the timing of your marriage, your asylum claim basis, and the potential implications for both your and your husband's immigration pathways. They can provide personalized guidance on whether filing separately would better protect your husband's current status and future opportunities while ensuring you maintain legal status through your asylum application. 
 
Be aware that you must file your asylum application within one year of your most recent arrival in the United States, unless you can demonstrate changed or extraordinary circumstances. Would you like information about finding qualified immigration legal assistance in the San Leandro area?

Q: Hello, I need a help for applying asylum.