can asylum get

faten

Registered Users (C)
hi again,

my lawyer said no, i can't get marreid until i get my green card.
is he telling the truth????

he said if i get married , i will lose my status.....
i am really puzzled

this is not fair
 
hi again,

my lawyer said no, i can't get marreid until i get my green card.
is he telling the truth????

he said if i get married , i will lose my status.....
i am really puzzled

this is not fair

Dude,

I think you need to fire your lawyer.
 
I belive your attorney is right because you are relative of asylum.I remeber Asylee could file for spouse and unmarried son or doughter under age of 21 to join them or stay with them if they are already in US.
If you were married you would not be where you are now and if you marry before AOS you won't be eligible for benefith as asylee relative and as far as I know and remember age and marital status were 2 major factor on cases like yours (derative asylum) and 3rd one was if asylee file for relative before 2 years of his/her approval which does not apply to you. I went through this on 1997 and I don't know if law and regulation regarding this has changed in last 11 or 12 years. But The good news is that you don't have to wait years for AOS like I and alot of other folks did. (Mine took 6 years after filling I-485) you should have your GC within a year or so after filling.I refer you to look at I-730 the part says information about the relationship.I am looking at copy on mine rigIt now. It asks THE ALIEN RELATIVE IS A. Spouse B. Unmarried child under 21 years of age.. I am sure this form has been revised in last dedcade manytimes but what is important is if law has changed regarding this kind of case or not.

Good luck
 
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I belive your attorney is right because you are relative of asylum.I remeber Asylee could file for spouse and unmarried son or doughter under age of 21 to join them or stay with them if they are already in US.
If you were married you would not be where you are now and if you marry before AOS you won't be eligible for benefit as asylee relative and as far as I know and remember age and marital status were 2 major factor on cases like yours (derative asylum) and 3rd one was if asylee file for relative before 2 years of his/her approval which does not apply to you. I went through this on 1997 and I don't know if law and regulation regarding this has changed in last 11 or 12 years. But The good news is that you don't have to wait years for AOS like I and alot of other folks did. (Mine took 6 years after filling I-485) you should have your GC within a year or so after filling.I refer you to look at I-730 the part says information about the relationship.I am looking at copy on mine rigIt now. It asks THE ALIEN RELATIVE IS A. Spouse B. Unmarried child under 21 years of age.. I am sure this form has been revised in last dedcade manytimes but what is important is if law has changed regarding this kind of case or not.

Good luck

This is incorrect. She is asking if she loses her derivative asylee status.

If she is a derivative asylee, she must continue to meet the definition of a child at the time USCIS adjudicates her application to adjust her status LPR, but will not have to continue to meet the definition of a child to keep her derivative status. The INA defines the term “child” at section 101(b). If she no longer meets the definition of a child (unless she is covered by the provisions of the Child Status Protection Act), she may not adjust her status to that of LPR. Although she may lose the ability to adjust her status, once asylum status is granted, she does not lose her asylum status unless USCIS or an immigration judge formally terminates asylum.
 
This is incorrect. She is asking if she loses her derivative asylee status.

If she is a derivative asylee, she must continue to meet the definition of a child at the time USCIS adjudicates her application to adjust her status LPR, but will not have to continue to meet the definition of a child to keep her derivative status. The INA defines the term “child” at section 101(b). If she no longer meets the definition of a child (unless she is covered by the provisions of the Child Status Protection Act), she may not adjust her status to that of LPR. Although she may lose the ability to adjust her status, once asylum status is granted, she does not lose her asylum status unless USCIS or an immigration judge formally terminates asylum.

my lawyer said no, i can't get marreid until i get my green card.
is he telling the truth????


To my understanding she is concern about GC. I am not talking about technicality of asylum law and I don't know if she will lose her status as a deravitive asylum but one thing is obviouse and that is if she is not able to adjust status and fall to path of citizenship, even if she does not lose the status, she will fall in the circle with no end on it and someday, something like change of condition of cop will push her out of status and she will find herself on the plane going back to cop.Then she will difinitly be out of status and out of US. Remember asylum and refuges will be able to stay indifinitly meaning nobody knows how long but not permenently if they dont adjust their status.

Faten, beside all has been said here about law and regulation, in your situation I strongly recommend to wait for adjustment and take it from there.
Remember even if you marry after GC, still won't be able to bring your husband to US easily unless you become USC, so getting married right now not even help the situation but mess up the hope to have him with you here, someday unless you just leave and be with your future husband somewhere else or wait for the GC.This way atleast there is hope that it will happen someday.This is tough but over all you are the one must decide to leave US behind or try to deal with it less emotionally and face the reality.
 
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I am not talking about technicality of asylum law and I don't know if she will lose her status as a asylum but one thing is obviouse and that is if she is not able to adjust and fall to path of citizenship, she will fall in the circle with no end and some day something like condition of the cop will change then she will find herself on the plane going back to cop.Then she will difinitly will be out of status.

Agree. I will just hold it until I become LPR, not because I will lose my status but for the reason you mentioned.
 
You will not lose your status just by marrying. Your asylum status is indefinite unless terminated by the Government. And marrying is not a legal basis for termination.

Now in terms of getting your green card, you will still be able to get it even if you marry before the I-485 decided. This will just require you to jump through more hoops. It is probably best to postpone your marriage a little bit so that you will have to deal with the USCIS less. But you are really want to get married you will still be able to get your green card. Just more paperwork.
 
oh there are alot of information my lawyer didn't tell me about.
thank you everyboby.

one more thing,

my sister's fiance has citizin, can they get married.Or you advise her to wait until she get th GC, to escape from alot of paprerwork.
 
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