Ready to apply for GC based on marriage - Asylee married to US Citizen

C

capv29

New Member
I'm a US Citizen and my husband is an asylee. He arrived to US by crossing the Mexico border (EWI). After asylum was granted, he never submitted form I-485 to change his status. We are planning to submit our application package (I-130, I-485, etc) to apply for his green card. I was reviewing the I-130 form and noticed that under Part C -Information about your relative-, question 14 says: "If your relative is currently in the U.S., complete the following: He or she arrived as a:". Your options are "(visitor, student, stowaway, without inspection, etc.)"

What should we answer to this particular question? EWI? or asylee? He submitted his asylum application (I-589) after he entered to US. I read somewhere that if your spouse enter without inspection, application will be denied because she/he won't be able to obtain a legal status while inside the US. Is that statement true?

Your assistance is greatly appreciated,
 
If you are an asylee and entered EWI usually they forgive that but you have to file I-602 when filing for I-485.

I would suggest your husband stick to the asylee GC route cuz its easier. With you as his sponsor, it wuold be denied.
 
I was under the impression that if you are granted asylum you will be forgiven for any 'out of status' time you accumulated before you applied. Any other input?

Thanks one more time,
 
capv29 said:
I was under the impression that if you are granted asylum you will be forgiven for any 'out of status' time you accumulated before you applied. Any other input?

Thanks one more time,
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Just like Want said, they will forgive him if he's adjusting(I-485) from asylee but if you want to sponsor him them you will be choosing the hardest of the ways.
Good luck.
 
wantmygcnow said:
If you are an asylee and entered EWI usually they forgive that but you have to file I-602 when filing for I-485.

I would suggest your husband stick to the asylee GC route cuz its easier. With you as his sponsor, it wuold be denied.
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Are you positive about this?
 
capv29 said:
I'm a US Citizen and my husband is an asylee. He arrived to US by crossing the Mexico border (EWI). After asylum was granted, he never submitted form I-485 to change his status. We are planning to submit our application package (I-130, I-485, etc) to apply for his green card. I was reviewing the I-130 form and noticed that under Part C -Information about your relative-, question 14 says: "If your relative is currently in the U.S., complete the following: He or she arrived as a:". Your options are "(visitor, student, stowaway, without inspection, etc.)"

What should we answer to this particular question? EWI? or asylee? He submitted his asylum application (I-589) after he entered to US. I read somewhere that if your spouse enter without inspection, application will be denied because she/he won't be able to obtain a legal status while inside the US. Is that statement true?

Your assistance is greatly appreciated,
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I have a freind who had exact same case.She wrote EWI for the answer everything was okay. It is perfectly understandable why asylee enters without inspection and finally she got her GC a year ago.The only thing was that she needed financial support for I-485 and her and her husband's income was enough for that purpose since they had joint tax return and USCIS accept her income for the supporting herself because she had valid work authorization.so there was no complication on her case at all and nothing else to file.
 
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vdostoi1 said:
Are you positive about this?
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I am quite certain because to adjust you based on INA, you can't have an illegal entry. Overstay is ok if you are married to a U.S Citizen but EWI is a big no no unless you have an approved asylum case according to my knowlege. AGain I am not a lawyer so any lawyers can verify. But I am quite certain that EWI married to a U. S Citizen getting a GC is a problem when its about time to be issued.
 
wantmygcnow said:
I am quite certain because to adjust you based on INA, you can't have an illegal entry. Overstay is ok if you are married to a U.S Citizen but EWI is a big no no unless you have an approved asylum case according to my knowlege. AGain I am not a lawyer so any lawyers can verify. But I am quite certain that EWI married to a U. S Citizen getting a GC is a problem when its about time to be issued.
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Now, I'm confused with your answer. As I explained in my original post, my husband is a legal asylee, his case was previously approved. He has his Asylum letter, I-94 without expiration date, an A# and SSN. We just want to get his GC through me, because we think is much faster.
 
capv29 said:
Now, I'm confused with your answer. As I explained in my original post, my husband is a legal asylee, his case was previously approved. He has his Asylum letter, I-94 without expiration date, an A# and SSN. We just want to get his GC through me, because we think is much faster.
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Your husband is legal but he still entered through EWI righT? As an asylee(i.e approved asylum), his EWI is not looked upon as only asylees can file a waiver for EWI.

If you apply through yourself, EWI is not taken lightly and he may be denied. Its better he apply through his asylum status rather than you. Its the same timeframe to process it, there is no cap for asylee GC anymore.

Its safer to go get GC through asylee I-485 route.
 
If a person entered without inspection the person cannot adjust status under current law as the spouse of a citizen. There is an exception if the person is covered by section 245(i) but given the timeline it is unlikely that you fall under this exception. The asylum grant forgives the EWI only if the person applies for I-485 as an asylee not if he is applying for another reason.
 
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