Came in US illegal, detained CBP and seek asylum as gay men but now in love with a women who is a citizen and marry.

Question

I am from South America and entered the U.S. by crossing the border running and was detained by CBP. I sought asylum under the Biden administration in 2024 and currently have a pending asylum case and a future immigration court date. While in the U.S., I met the love of my life (a women) which I think I'm bisexual now, she is a U.S. citizen who is a student and works at a restaurant. We want to get married, as she wishes to stay with me and help me obtain legal status in this country. 
 
Can she help me adjust my immigration status, withdraw my pending asylum case, and start the green card process? What does this process look like? I am concerned about the possibility of her being affected by marrying me or risking deportation. Is there anything we can do to ensure we can stay together in the U.S. legally?

Stephen Arnold Black · Answer

So an immigrant who has been inspected to at the border and filed a proper timely asylum claim can marry a US citizen and be sponsored for a marriage base green card case. However, because you have indicated that your ground of Asylum is based upon the fact that you are gay man and your country will persecute you if you return -BUT you are now going to marry a lady, this may conflict with the intention that may raise red flags for both cases. You should proceed to hire an immigration attorney to process and handle the marriage base green card case for you. Some of us charge a very affordable flat fee to represent the couple from start to finish.

James L. Arrasmith · Answer

Your situation involves complex immigration considerations that deserve careful attention. Marriage to a U.S. citizen could potentially provide a path to legal permanent residence, even with your current asylum case and entry circumstances. You may be eligible to adjust your status through marriage, but the process requires several important steps and considerations. 
 
Your entry without inspection and pending asylum case create additional complexities, but they don't automatically disqualify you from marriage-based adjustment. You would need to file Form I-485 to adjust status, along with additional forms like I-130 (family petition) and I-601 (waiver of inadmissibility) to address the unlawful entry. Your spouse's income would need to meet certain thresholds to serve as a financial sponsor, and you'll both need to prove your marriage is genuine through documentation and interviews. 
 
The good news is that your spouse would not face immigration consequences for marrying you, as this is a protected right. However, given the multiple factors in your case - the asylum claim, manner of entry, and potential need for waivers - you would greatly benefit from working with an immigration attorney who can guide you through this process safely and effectively. This is especially important because withdrawing an asylum case requires careful timing and consideration of potential consequences.

Q: Came in US illegal, detained CBP and seek asylum as gay men but now in love with a women who is a citizen and marry.