Hhemc said:
Hi guys,
I have a question. If somebody has recommended approval of asylum petition and marries US citizen and have entered the country illegialy (WITHOUT fraudulent documents) is it still possible to adjust the status to PR?
Thanks
There are two types of Ilegal aliens in this ocuntry, the ones that crossed the border with fraudulent documents ( fake passport visas, fake green cards,..etc ) and the ones that stayed in this country legally but after their admission to US expired and their extensions too. Well, we also have the Cubans, but that's different. They are considered PR as soon the touch american ground. There's a particular law for them so they can't be in an ilegal status forever. It depends on them to do or not paperwork.
Years ago, it was more easier to adjust to PR no matter if you came ilegally in this country and you marry an US citizen. It used to take 6 months - 1 year. Nowadays, laws have changed and they are enforced more. It takes more, plus a statement that you have to provide explaining why you are a ilegal alien and why you came ilegally. Also, the CIS will be tracking your marriage for a long period of time just to see if its not a fraudulent one. I heard that a couple in Houston was denied papers ( visa), because one of them came to the country ilegally. Although , I think CIS can be a little flexible about it. If you came legally but stayed ilegally, you can argue that you don't fill safe leaving this country and..blah blah....and if they ask you why you haven't apply for asylum then?..the only answer is, I was misinformed. Of course, the CIS won't buy all this excuse but at least you came legally. Maybe in that situation they can help you out with a visa. For people that came illegaly, there are no excuses. The excuse of I crossed the border because here we have more job opportunitiees is an excuse I don't think is a good one. Every country has work after all. But who knows, after all mexican people have a special way to be treated regarding this issue because there are so many cases like this and CIS has to be flexible.
My advice is, call the 1 800 number ( custoemr service) and ask questions, I am pretty sure a lot of people have dealt with this type of situations before. Or maybe, you can just moved to the I-475 forum. I think they can help you.
Have you think about, going back to your home country and marry there?....Maybe in that situation, you can get a visa kinda fast or the conditional green card right away through the embassy.
