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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105701
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I married card holder. And i have asylum case pending. What

Customer Question

I married green card holder. And i have asylum case pending. What are my chances to adjust my current immigration status.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Probably, not good. If you promise not to blame be for the law in this regard I will give you the statistics. What country are you from? Why are you being persecuted? How long were you in the U.S. before you filed for Asylum? How did you originally enter the U.S.? Which visa did you use? When can your spouse apply for U.S. Citizenship?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through.
What country are you from? Why are you being persecuted? How long were you in the U.S. before you filed for Asylum? How did you originally enter the U.S.? Which visa did you use? When can your spouse apply for U.S. Citizenship?
Customer: replied 1 year ago.
I'm from Tajikistan. I was persecuted for my political contradiction. I was immigration detention center when i was filed for asylum that time it was 2 years when i entered in U.S. I entered with F-1 visa. My spouse can apply for US citizenship after 4 years.
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Have you maintained your F-1 student status? If you have not, that's going to be a problem because you have to be IN a status to get Adjustment of Status through a U.S. Lawful Permanent Resident spouse. If she was a U.S. Citizen, you could Adjust Status without being in a status, but you cannot do that while she is just a Resident. So are you still maintaining F-1 status?

Customer: replied 1 year ago.
No i'm not maintaining F-1 status
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Then you need to focus on your Asylum/Withholding of Removal case. You wither have to win Asylum or delay the case as long as you can until your spouse becomes a U.S. Citizen. She can apply as soon as she has 4 years and 9 months of Residency, or if she does U.S. Military service, she can apply very quickly. This is because a U.S. Lawful Permanent Resident cannot immediately get a spouse an immigration benefit and to get the immigration benefit, the spouse must be IN status. If not, then the spouse has to leave the U.S. and apply to come back from outside. If you have illegal time in the U.S. you could be barred from coming back for 3 or 10 years unless you get a waiver to "forgive" the time you spent illegally in the U.S. It is a little complicated. If you want to do the I-601A waiver, your spouse would have to file an I-130 for you now unless she has already done it. It will take 1.5 to 2 years before you can use it to immigrate. When you can use it, you the I-601A waiver. Here is a link:

http://www.uscis.gov/family/family-us-citizens/provisional-waiver/provisional-unlawful-presence-waivers

If you get a pre-approval, you withdraw your Asylum claim and ask for Voluntary Departure and if granted, then you can leave without a deportation and if you get the final approval outside, you can come back rather quickly. If you don't want to go through all of that, you either have to win Asylum or wait until your spouse becomes a U.S. Citizen.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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