Can I still marry an American if I apply for political asylum?

If you are not deported, you can marry an American.

Since the implementation of the Real Identity Card Act in the United States in May 2005, the application for political asylum has become more and more strict. However, due to the limitation of places, the waiting time for a green card after obtaining political asylum status is getting longer and longer. The long wait and the separation of relatives led to the breakdown of the family. More because of the need to apply for identity, many people actively or passively embarked on the road of marriage immigration. From the perspective of immigration law, there are two kinds of people facing such problems. First, he applied for political asylum but was not approved, married an American citizen in court, and then applied for a green card. The other is that political asylum has been approved. You marry an American citizen while waiting for a green card, and then apply for a new green card. We discuss these two situations separately.

1. How do I apply for a green card when I get married with a citizen during the court period?

When the application for political asylum is rejected, if the application has no legal status, the immigration bureau will transfer the application to the immigration court, and the immigration judge will try it again. During this period, if the applicant marries a citizen, he can still apply for relative immigration. The specific procedures are as follows:

(1). Handle I- 130 as soon as possible.

(2) Apply to the immigration judge for an adjournment. Generally speaking, the immigration judge will agree to postpone the hearing after seeing the application receipt of I- 130.

(3) Before and after receiving the interview notice from the Immigration Bureau, actively prepare the interview documents of I- 130 with lawyers.

(4) go to the immigration office for an interview.

(5) If the interview has not been conducted on the day of the hearing or I- 130 has not been approved after the interview, go to the immigration court and ask the immigration judge for another extension.

(6) After I- 130 is approved, notify the immigration court that I-130 has been approved, and prepare I-485, green card application documents. And pay the relevant application fee to the Immigration Bureau.

(7) On the day of the hearing, I submitted 485 documents to the court and immigration lawyers. The judge will set another date for the I-485 hearing.

(8) Attend the hearing of the immigration court together with the spouse and relevant witnesses. After the judge approves I-485, the application will be transferred to the Immigration Bureau. On the application date, he can make an appointment through INFOPASS, and then go to the immigration office to get a green card.

When you marry a citizen in court and apply for a green card, you should pay attention to the following questions:

First of all, don't miss any court date. After the failure of political asylum, the applicant's application was transferred to the immigration court, and the applicant waited for the judicial procedure of deportation. If the applicant misses any date of court hearing, the immigration judge will not hesitate to expel the applicant by default. Since then, the applicant has lost the opportunity to appeal, and even if he marries an American citizen, he cannot apply for a green card. Unless it can be proved that the reason for missing the hearing date is that I or my immediate family members are seriously ill that day, or other reasons beyond the control of the applicant. The result of deportation by default is very serious. Applicants are not allowed to enter the country or apply for immigration in the next ten years. Therefore, once you enter the judicial procedure of deportation, the applicant must appear in court on time.

Secondly, after entering the deportation procedure, the application of marriage immigrants, I- 130, that is, relatives' immigration, should be filed at the local immigration office instead of being sent to the sub-regional center of the immigration office. If it is sent to the sub-center, the sub-center will not hear it, and it will be transferred to the local immigration office in a few months. It takes time. In addition, generally speaking, when you enter the deportation procedure to apply for relative immigration, you can't submit the I-485 and work card application at the same time. However, the Immigration Bureau often accepts such applications and can issue work cards. Whether the applicant should correct his mistakes varies from person to person.

Thirdly, marrying a citizen and applying for a green card after entering the expulsion procedure will often cause the immigration bureau to doubt the authenticity of the marriage. This kind of marriage interview, the immigration examination is very strict. As far as the Los Angeles Immigration Bureau is concerned, such interviews will be arranged on the second floor, and men and women will be interviewed separately. Therefore, it is best for applicants to hire experienced lawyers to accompany the interview. When bringing your own translators, it is also important to hire translators who are fluent in English.

Finally, after the I- 130 application is approved, you can contact the immigration court and ask the judge to hear the I-485 application as soon as possible. On the day of the hearing, you should appear in court with your spouse and other witnesses. If you have a criminal record, you should prepare relevant documents in advance and get the criminal record from the local judicial organ.

2. Marry a citizen while waiting for the asylum green card.

After granting political asylum for one year, the applicant can apply for a green card. While waiting for the asylum green card, if the applicant marries an American citizen, he can still apply for a marriage green card. The advantage of getting a green card by marrying a citizen is that if you are still married to your spouse three years after getting a green card, you can apply for citizenship and then apply for parents, brothers and sisters to immigrate to the United States.

Because the applicant has legal status at this time, this kind of application is relatively simple. First, apply to the local immigration office for I- 130 and I-485. In the I-485 application, it is necessary to explain to the Immigration Bureau that the I-485 application has been submitted, and ask the local immigration bureau to contact the Nebraska Immigration Branch Center to transfer the asylum green card application to the local immigration bureau. Some cases show that local immigration offices often mistakenly transfer applications for marriage green cards to immigration centers. Therefore, if you haven't arranged an interview for a long time after submitting the I-485 application, you should take the initiative to contact the immigration department.

In addition, when applying for a marriage green card, it is generally not necessary to cancel the application for an asylum green card. During the immigration interview, immigration officials will ask if they are willing to cancel the asylum green card application. It is not too late to agree to quit.

3. How do I apply for my children to immigrate to the United States?

You can apply for a green card for your children when you marry an American citizen, whether you fail to file a lawsuit for asylum or you are waiting for a green card for asylum. According to the law, if a child is under 18 years old when he marries an American citizen, the spouse of an American citizen can apply. If your child is in the United States, you can apply for a green card directly. If the child is outside the United States, the spouse of the citizen will apply for I- 130, but will transfer to the American consulate abroad to apply for an immigrant visa. If the child is 18 years old at the time of marriage, the applicant can submit an I-824 application for the child to the immigration office abroad when obtaining a green card, asking them to inform the US consulate to allow children under 2 1 year old to apply for a family visa. If your child is in the United States, you can apply for I- 130.