Marriage and Asylum: Navigating Legal Considerations

Individuals seeking asylum in the United States often find themselves in complex legal situations. This article aims to provide clarity on how marriage to a green card holder or applying for a green card through marriage impacts your pending asylum case. We will discuss the process of applying for a green card through marriage and address the uncertainties that may arise if you are already in the asylum process.

Can You Apply for a Green Card While Your Asylum Case Is Pending?

For many individuals, combining marriage with their asylum application can be a viable option for securing a future in the United States. However, it is important to understand the legal intricacies involved. There are several key points to consider:

1. Your Asylum Status and Marriage

Nothing happens to your asylum case due to a marriage. Your marital status does not affect your eligibility for asylum as the principal beneficiary. However, if you are planning to marry to avoid deportation, you should know that marriage fraud is a form of fraud that has no waivers.

Application Process When Entering Legally

If you are entering the country legally, your American spouse can file an I-130 petition for you. You can also apply to adjust your status within the US, provided you maintain valid status. The only issue arises if you are adjusted before a decision is made on your asylum application. In such cases, the Immigration and Citizenship Services (CIS) may lose jurisdiction over your petition, and you may need to either file again before an immigration judge or request to terminate removal proceedings.

Application Process for Those in Removal Proceedings

If you are in removal proceedings, your spouse can still file an I-130 petition. However, you will need to prove that your marriage is genuine. The burden of proof shifts from the government to you, which means you will have to show that the marriage is not fraudulent. It is crucial to be aware that the decision to marry to avoid deportation may not be the easiest solution to stay in the US. There are forms of fraud, including claiming to be a US citizen, that have no waivers.

Impact on Asylum Case When Applying for a Green Card Through Marriage

There are specific scenarios where applying for a green card through marriage may impact your asylum case:

1. Valid Status Maintenance

Timing is crucial. If you are maintaining valid status in the US, you can adjust your status through marriage to a US citizen. However, if you have not maintained valid status, you may face challenges. If you haven't been in valid status during the asylum process, you are generally not eligible for Adjustment of Status in the category of a spouse of a permanent resident.

Consular Processing

In such cases, you would need to apply for an immigrant visa through consular processing abroad. Leaving the US for this process could trigger a ban based on the amount of "unlawful presence" you accrued before leaving. However, if you do not work illegally during your pending asylum application, you may not trigger a ban. The presence of a ban can be mitigated by an extreme hardship waiver if your spouse can prove he or she would suffer significant hardship if you could not return to the US.

2. Asylum and Reentry Ban

Another issue is the potential reentry ban. You should consider that if you are applying for asylum, it is due to fear of persecution in your home country. Therefore, choosing a country for consular processing can be challenging. The consular officer will likely ask why you would go to consular processing in a country where you fear persecution. This can create significant complications in your application.

Conclusion

Marriage to a green card holder or applying for a green card through marriage can be a strategic decision for those seeking long-term residency in the United States while their asylum cases are pending. Understanding the legal implications is crucial for making an informed choice. It is recommended to consult with legal experts who can provide personalized advice tailored to your unique circumstances.

Keyword: marriage to a green card holder, asylum case, green card application