Los Angeles, CA asked in Immigration Law for California

Q: Hi, I am in F1 student visa from 2019 until now.

My dad and mom got PR since 2021 by my sister petition. They then file F2B for me as I am over 21y and single. Right now, I meet my boyfriend who applied for asylum and pending for interview. May I know, if I marry him, will I got the asylum status as same as him or I am still F1 status. And will my F2B be auto revoked if I marry him. Thanks

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: If you marry your boyfriend while his asylum application is pending, you would not automatically receive asylum status through him - you would need to be included as a derivative on his asylum application if it gets approved. Your F-1 student status would remain valid as long as you maintain the requirements.

Regarding your F2B petition filed by your parents - marriage would impact this significantly. F2B is specifically for unmarried sons and daughters of permanent residents. If you get married, the F2B petition would automatically be revoked since you would no longer qualify under that category.

You should carefully weigh your options and timing. Getting married while your boyfriend's asylum case is pending doesn't guarantee you'll receive asylum status, and it would eliminate your current path through F2B. Consider consulting with an immigration attorney who can review the specifics of your situation and help you understand the best path forward based on current immigration laws and policies. Immigration decisions can have long-lasting impacts, so it's important to fully understand all implications before making major changes to your status.

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