Asylum application Withdrawal: Advice

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Amitab

Registered Users (C)
Hello,
I was in removal proceedings within which I married my GF who is a USC. I got an Immigration lawyer to fight my case and do the Family based processing for me. While before the judge, he asked to withdraw my Assylum application and to confer with the INS lawyer to continue the processing of the Family Based Visa. He has filed my I-130 already.

Because of this sudden withdrawal, the Immigration lawyer opined that it's rather suspicious because the marriage occurred just a few months into the asylum/removal proceedings.


My question is, was it wise for my lawyer to advise withdrawing my asylum case?

Any advice would be appreciated.

Thanks in advance!
 
I've known people who was in your situation before, they had asylum status and married US citizen as well. they simply have their US spouse filed the I-130 petition for them and then got the greencard through marriage. they did not have to withdraw the application with the asylum. i don't know if you have already applied your I-485 through your asylum status or not. If yes that might make this case different.
 
mzoo_127 said:
I've known people who was in your situation before, they had asylum status and married US citizen as well. they simply have their US spouse filed the I-130 petition for them and then got the greencard through marriage. they did not have to withdraw the application with the asylum. i don't know if you have already applied your I-485 through your asylum status or not. If yes that might make this case different.
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Thanks for your reply. But the decision on my Asylum was still pending. So I have not filed the I485 yet.
 
it depends on when you applied for your asylum, usually it takes 1 to 2 years to get aproved for the asylum. so if you think you will get aproved your asylum soon, then it's worth waiting for your asylum get approved first and then apply through your wife. Don't mind me saying this, just in case your marriage don't work out in 2 years, at least you have asylum status in the States(You won't be illegal or have no other options) . If it works out, then great, just be happily married and wait for your green card through your marriage. that's my 2 cents. :)
 
mzoo_127 said:
it depends on when you applied for your asylum, usually it takes 1 to 2 years to get aproved for the asylum. so if you think you will get aproved your asylum soon, then it's worth waiting for your asylum get approved first and then apply through your wife. Don't mind me saying this, just in case your marriage don't work out in 2 years, at least you have asylum status in the States(You won't be illegal or have no other options) . If it works out, then great, just be happily married and wait for your green card through your marriage. that's my 2 cents. :)
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Thanks one more time. My major concern though is if I was doing the right thing by listening to the lawyer to withdraw the Asylum application. His idea was that we slash the asylum case from court and then have the Immigration lawyer take the initiative of letting me continue with the Family Based Visa. I am hoping this doesn't backfire in my face. I would like to get an idea of a worst case scenario.
 
Amitab said:
Thanks one more time. My major concern though is if I was doing the right thing by listening to the lawyer to withdraw the Asylum application. His idea was that we slash the asylum case from court and then have the Immigration lawyer take the initiative of letting me continue with the Family Based Visa. I am hoping this doesn't backfire in my face. I would like to get an idea of a worst case scenario.
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Amitab, Asylum processing and I-130 are 2 seperate processes. You should not abandon your asylum request at the time of submitting I-130. You do not want USCIS to think you are commiting fraud by finding someone to marry you. Even at your I-130 interview, you should stick to your story about your asylum and your persecution.

Usually you have 3 appeals if your asylum is denied..but in the meantime if you can get adjusted in some other fashion, you are legally allowed to do so.
 
Thanks WantmyGCNow. I just confered with my lawyer, and he swore to me that he believes he took the best decision of withdrawing the asylum case. He sees no problem with the judge terminating the process and if my marriage is good (which it is) it should not be a daunting task to get the INS to let me continue with my I-130.

I impressed upon him that I did not want the INS to even think I filed a frivolous asylum case to begin with, but he said they have no reasons to think so because it never came up in the discussion he had with them.
I seriously hope he knows what he is doing. I will keep you all posted.
 
mzoo_127 said:
it depends on when you applied for your asylum, usually it takes 1 to 2 years to get aproved for the asylum. so if you think you will get aproved your asylum soon, then it's worth waiting for your asylum get approved first and then apply through your wife. Don't mind me saying this, just in case your marriage don't work out in 2 years, at least you have asylum status in the States(You won't be illegal or have no other options) . If it works out, then great, just be happily married and wait for your green card through your marriage. that's my 2 cents. :)
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Show me somebody who is a 100% sure that his or her asylum will be granted unless the person's lawer doesn't have strong connections with USCIS but then it doesn' really make sense to get married.
 
Amitabh! Well your attorney advice is to show good faith to judge that you marriage is legitimate and you are just not doing things to stay in this country. A lot of immigration laws broil down to "intent" and thats a grey area. Thats why you sometimes would see two competent attorneys giving different advice.

By the way is your full name: "Amitab Bachan"? ... :D
 
Lazerthegreat said:
Amitabh! Well your attorney advice is to show good faith to judge that you marriage is legitimate and you are just not doing things to stay in this country. A lot of immigration laws broil down to "intent" and thats a grey area. Thats why you sometimes would see two competent attorneys giving different advice.

By the way is your full name: "Amitab Bachan"? ... :D
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Ok, Thanks Lazer. And No, my full name is not Amitab Bashan. But he is a well known Actor of Bollywood and one of my favorite Indian actors.
 
Update on this. I eventually got my Asylum case terminated by the Judge and just went for my I-485 Interview today. Wish me well that I get approved.
 
It's been exactly a month after my GC interview and I have not heard anything from the USCIS. Should I be getting worried?
 
thankful said:
What did they tell you at the end of the interview?
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Hey Thankful,

He said he had to look over the file before making a decision. He just asked several normal questions like where I met my wife, if I had committed any crimes before or had intentions to commit any crime in the future.

The meeting did not last more than 20 minutes.

I have been waiting since then.
 
Say I'm detained because the customs are planning on sending me back to my homecountry, I claim fear or prosecution but then cancel the statement once the INS interviews me. I'm being deported back to my home country, I come back after a few months, what are the chances to obtain an asylum status after all this drama?
 
future refugee said:
Say I'm detained because the customs are planning on sending me back to my homecountry, I claim fear or prosecution but then cancel the statement once the INS interviews me. I'm being deported back to my home country, I come back after a few months, what are the chances to obtain an asylum status after all this drama?
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If you "cancel" your statements, CBP wll think that you have lied to them and the next time you try "this" they will not even interview you and send you right back. They may even detain you for a while....

You dont come here tell CPB officers that you fear persecution and then when you realize its not going very well you drop your statements... thats a big no no.
 
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