Can You Get a Green Card If You’re on Pending Asylum and Marry a Green Card Holder?

23 Dec, 2023

If you’re on a pending asylum and considering marriage to a green card holder as a means to obtain a green card, there are a few factors to consider. The immigration law surrounding this issue is complex and can yield different outcomes based on individual circumstances. In this blog post, we’ll delve into the controversial issue of whether it’s possible to obtain a green card in this scenario and the potential challenges you may face.

Legal Interpretation and Adjustment of Status

When you have a pending asylum case, your initial status upon entering the United States may have expired. In some cases, there is an interpretation of the law that allows individuals with a pending asylum case to file for Adjustment of Status based on marriage to a green card holder. However, this interpretation is not universally accepted, and some immigration offices may deny the request due to the lack of underlying status.

Marriage to a Green Card Holder vs. US Citizen

If you were married to a US citizen, the process would be more straightforward, as marriage to a US citizen generally resolves the issue of underlying status. However, being married to a green card holder presents additional hurdles, as it typically requires the individual to have underlying status. The outcome of your green card application may depend on the discretion of the immigration officer handling your case.

Potential Challenges and Recourse

In the event of a denial based on the lack of underlying status, individuals may need to explore options such as appealing the decision or pursuing legal action. The outcome of your case may vary depending on the immigration office and the interpreting officer. Unfortunately, the interpretation of immigration law in these circumstances can lead to differing outcomes, adding a level of uncertainty to the process.

Seeking Legal Guidance

It is crucial to seek the guidance of an experienced immigration attorney to navigate the complexities of your specific case. Consulting with an immigration attorney in private can provide you with tailored advice and assistance in pursuing the best course of action for your situation.

In conclusion, the possibility of obtaining a green card while on pending asylum and married to a green card holder is a complex and contentious issue within immigration law. While there is a chance of success, the outcome can vary based on individual circumstances and the interpretation of the law by immigration authorities. Seeking professional legal guidance is essential to understand your options and navigate the complexities of the process effectively.

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