What would be my status?

D

davidm992

Member
Hello,

I have a political asylum in court. At the same time, my wife filled a I-130. We are waiting for the I-130 to be approved. It seems it endless. My attorney did not want to withdraw the politcal asylum application at the court. Her intentios is to adjust status before the judge, but in order to that, the judge needs to have the I-130 approved by USCIS. That's why I could not apply for adjustment of status like everyone else bacuse of the court case.
My questions is what will be my status if I withdraw the political asylum application at the next hearing at the court?? doing that, will it "free" me to file I-485 through USCIS instead of court?..

The reason of the escenario, is at least to get a receitp notice for the I-485, that will open new doors for me, like apply for a work permit.

thank you for your comments!
 
davidm992 said:
Hello,

I have a political asylum in court. At the same time, my wife filled a I-130. We are waiting for the I-130 to be approved. It seems it endless. My attorney did not want to withdraw the politcal asylum application at the court. Her intentios is to adjust status before the judge, but in order to that, the judge needs to have the I-130 approved by USCIS. That's why I could not apply for adjustment of status like everyone else bacuse of the court case.
My questions is what will be my status if I withdraw the political asylum application at the next hearing at the court?? doing that, will it "free" me to file I-485 through USCIS instead of court?..

The reason of the escenario, is at least to get a receitp notice for the I-485, that will open new doors for me, like apply for a work permit.

thank you for your comments!
Click to expand...

Why did you file for political asylum when you are married to a USC or did you get married after you filed?
 
davidm992 said:
Hello,

I have a political asylum in court. At the same time, my wife filled a I-130. We are waiting for the I-130 to be approved. It seems it endless. My attorney did not want to withdraw the politcal asylum application at the court. Her intentios is to adjust status before the judge, but in order to that, the judge needs to have the I-130 approved by USCIS. That's why I could not apply for adjustment of status like everyone else bacuse of the court case.
Click to expand...

Hmm... How could I-130 and asylum case link together in such a way ? Are you saying judge can give you GC based on I-130 if you are an approved political asylee ?
 
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Based on what I see in your timeline, I suggest you follow the lead of your attorney.

I assume your asylum application was denied and you were placed in removal proceedings. You subsequently got married.

There really is nothing you can do until your I-130 is approved, then I think your Attorney will be asking the Judge to grant your Adjustment of Status based on an approved Form I-130, marriage to a U.S. Citizen and you will have to show that your marriage was not entered into to avoid removal from the United States.

So, I would start gathering supporting documentation of your bona fide marriage and wait till you get approval of the I-130.
 
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GotPR? said:
Hmm... How could I-130 and asylum case link together in such a way ? Are you saying judge can give you GC based on I-130 if you are an approved political asylee ?
Click to expand...


They Asylum and the I-130 they are not linked together. However, the judge as a reliefe way to get me out of Removal proceedings, he needs something else. That's where the petition (I-130) comes into play, but the judge doesn't have the power to approved it, nor to approved a work permit. The only way he or she can approve the adjustment of status is with the I-130 approved before by the USCIS.

jsut for the record, the reason of my removal proceedings is for the asylum application.
 
asPapi said:
Based on what I see in your timeline, I suggest you follow the lead of your attorney.

I assume your asylum application was denied and you were placed in removal proceedings. You subsequently got married.

There really is nothing you can do until your I-130 is approved, then I think your Attorney will be asking the Judge to grant your Adjustment of Status based on an approved Form I-130, marriage to a U.S. Citizen and you will have to show that your marriage was not entered into to avoid removal from the United States.

So, I would start gathering supporting documentation of your bona fide marriage and wait till you get approval of the I-130.
Click to expand...

Thank you for taking the time and giving me your opinion. I have to accept is the slow way, but probably the better. By the way, I got married a few weeks I got in removal proceedings, still I believe I will be put directtly in stokes interview, so we are getting supporting documentations as you recomend. We just concern that because it will be that type of interview, their job (interviewr officer) will be to proof at any chance that is our marriege is not bona fide. We know it is real, still makes us feel nervous about it.
 
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