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SammyM · Feb 28, 2009, 10:38 PM

I have two question and would appreciate any advice.

My asylum case is still pending; however, my wife (whom I married after I filed for asylum) will be eligible to apply for naturalization in a month.

Here are the questions:
1) Once she becomes naturalized AND my case is still pending, will she be able to apply for change of status or green card for me?

2) Will she have problems becoming naturalized because of me?

Thanks

SammyM · Mar 2, 2009, 10:42 PM

No takers? I will appreciate any input.

Clough · Mar 2, 2009, 11:47 PM

Hi, SammyM!

I'm sorry that no one has yet come along to address your question! You have to be patient around this site. The best people to address your questions might not be online or may be asleep or perhaps, even taking a break from the site for awhile. Sometimes, questions don't get answered for a number of hours or even days.

Thanks!

DCcityboy · Mar 3, 2009, 08:57 AM

Yes, if you are in lawful status, pending USCIS adjudication, you can apply for permanent residence as an immediate relative of a USC. Did you apply for the asylum as a relief in removal proceedings?

Your immigration status will not affect your wife's citizenship, unless there are unusual circumstances regarding your status (in deportation, etc.)

SammyM · Mar 3, 2009, 02:54 PM

Originally Posted by DCcityboy

yes, if you are in lawful status, pending USCIS adjudication, you can apply for permanent residence as an immediate relative of a USC. did you apply for the asylum as a relief in removal proceedings?

your immigration status will not affect your wifes citizenship, unless there are unusual circumstances regarding your status (in deportation, etc.)

1) I think you are asking whether I applied for asylum in order prevent deportation. If that's the case, no, I applied for asylum when I was in legal status in the US.

2) What if, when she is the process of being naturalized, the judge decides that my case does not qualify for asylum. What happens then?

Thanks

DCcityboy · Mar 3, 2009, 03:33 PM

It will depend on how far along in your relative petition you are, as you need a "grounds of relief" from deportation.

If you have not already, have your wife file the I-130 so it is either being adjudicated or approved if and when the IJ denies your asylum claim. If the I-130 is approved, then ask the IJ will to hold the case in abeyance until your 245 case is can be filed (your wife is an LPR and you are waiting for a priority date) or adjudicated (your wife is a USC).

I hope this was helpful.

SammyM · Mar 3, 2009, 09:36 PM

Originally Posted by DCcityboy

it will depend on how far along in your relative petition you are, as you need a "grounds of relief" from deportation.

if you have not already, have your wife file the I-130 so it is either being adjudicated or approved if and when the IJ denies your asylum claim. if the I-130 is approved, then ask the IJ will to hold the case in abeyance until your 245 case is can be filed (your wife is an LPR and you are waiting for a priority date) or adjudicated (your wife is a USC).

i hope this was helpful.

Thank you very much DCcityboy for your input.
My wife has not filed the I-130 for me and what you say makes a lot of sense. So, the immigration law allows to file an I-130 and have an asylum case pending at the same time without any consequences?

With I-130, the relative gets a priority date once the spouse becomes a citizen. Do you know how does that work? Do we need to send some special forms for that?

If an I-130 is not filed, at what point in the naturalization process can she file for a green card?

This is sort of a rhetoric question, but you never know... When my wife is qualified to be naturalized, can she include me in her naturalization applications?

Sorry for bombarding you with all these questions but I can't help myself because your suggestions are so informative.

Thank you again.

DCcityboy · Mar 4, 2009, 06:41 AM

Yes, your asylum application is filed and controlled by you; your wife's I-130 is filed and controlled by her. No problem with both pending as you are eligible to file for both--you will only get one PR.

Your PD is established by the date she files the I-130, it is your place in line as the spouse of an LPR. You must wait until that date is current according to the DOS visa bulletin to file your AOS.

When she naturalizes to USC, your case "upgrades" to spouse of a USC. At that time you file your AOS.

She can file the I-130 anytime, you can only file the AOS immediately the day she is sworn in as a USC.

She cannot include you on the natz, but that day you are the spouse of a USC and you file for your AOS.

Hope this was helpful, good luck.

SammyM · Mar 4, 2009, 11:47 PM

Originally Posted by DCcityboy

yes, your asylum application is filed and controlled by you; your wifes I-130 is filed and controlled by her. no problem with both pending as you are eligible to file for both--you will only get one PR.

your PD is established by the date she files the I-130, it is your place in line as the spouse of an LPR. you must wait until that date is current according to the DOS visa bulletin to file your AOS.

when she naturalizes to USC, your case "upgrades" to spouse of a USC. at that time you file your AOS.

she can file the I-130 anytime, you can only file the AOS immediately the day she is sworn in as a USC.

she cannot include you on the natz, but that day you are the spouse of a USC and you file for your AOS.

hope this was helpful, good luck.

This information is so helpful. Thank you very much. One last thing and I will leave you alone :)
Do you think I should hire an attorney to do all these or I will be able to manage without one?

Thanks

DCcityboy · Mar 5, 2009, 12:01 AM

The I-130 is fairly straightforward, you should be able to file on your own. The AOS (and possible upgrade) I would have an attorney assist.

Glad this was helpful.

threadmill · Oct 27, 2009, 06:21 PM

I am in a similar predicament with my mom! She has a pending asylum application, which is now at stage Board of Appeals. She has a social security number and work permit, which gets renewed every year, while her case is pending... she entered on a nonimmigrant visa (legally). However, when I finally became a US citizen and filed I-130 petition for her and the petition got approved, it also says in the approval notice that she is not eligible to adjust to PR based on the facts in the petition. She is in court/removal proceedings. What happened is she is way over her authorized stay probably by two years now. The petition approval would be forwarded by the USCIS to the NVC (visa center) from where she would be notified as to how to proceed with her application for immigrant visa! So basically she has to abandon her asylum application to go get her visa from the US consulate overseas, which does not make much sense. What would happen if she files I-485 to adjust to PR? She has to check off two boxes - one for an immigrant petition approved, and one, which is the last item that says other basis of eligibility and give description. However, who could guarantee me that once she pays a little over $1000 she would be able to adjust?