What if I marry a U.S. citizen while my asylum case is pending?

Sometimes while people are here in the United States with a pending asylum case, they fall in love and get married. If that happens, in most situations, the person can get a green card based on that marriage if it is a valid marriage. That’s, of course, the number one thing, the marriage has to be valid.

Can a failed asylum seeker get married?

Does it matter if I’m a failed asylum seeker? Potentially yes. This is where UKBA might step in to try and prevent the wedding from taking place in the first place as clearly once you marry British citizen your right to remain in the UK will change significantly.

Can I stay in the U.S. while my asylum case is pending?

You will have a pending asylee status if you’ve applied for asylum and are waiting for a decision on your application. If you have pending asylee status, you are no longer unlawfully present in the U.S. Having this status means you are authorized to stay in the U.S., pending the outcome of your application.

How does USCIS investigate marriages?

Usually, the USCIS officers may visit the suspect couple at their residence, or visit their neighbors to investigate whether they reside together, share a household, or own property jointly, etc. The USCIS officers may also arrange interviews with the couple at their residence or at USCIS offices.

Does immigration look at your text messages?

It doesn’t. The best strategy is simply to assume that anything you post online will be seen and examined by immigration authorities. Some immigration attorneys may even recommend that you refrain from social media use entirely while your visa or green card application is pending.

Is pending asylum a legal status in the United States?

I have to disappoint all those who believe that pending asylum application provides any “legal” status in the United States. It does not. All it provides is an “authorized stay”, a permission to stay and at some point engage in employment in the United States.

Why is my asylum case taking so long to process?

If you have successfully filed your asylum application with the United States Citizenship and Immigration Services (USCIS) or have your asylum application pending in immigration court, your case may be pending for several years. This is because there are significant backlogs in asylum offices and immigration courts.

What happens to my asylum application if I get married?

You will have to use your home country’s passport for travel. Also, if your marriage does not work out, you will not have your asylum application pending any more. If your marriage ends, or your spouse withdraws their petition for you before you receive a green card, you may want to re-file your asylum application.

Can I be deported if I have a pending asylum claim?

You cannot be deported while you have a pending asylum claim, but it will not stop you from falling out of status. This means that the fact that you have a pending asylum application, is not a bridge from your F-1 status; you cannot change your F-1 status to another non-immigrant status (for example) because you have fallen out of status.