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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 4724
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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Im an asylum applicant i came to us about 6 year ago. I

Customer Question

Hello, im an asylum applicant i came to us about 6 year ago. I entered illegal but surrender my self to border patrol and seek asylum now i have my ead and ssn, i have girlfriend she is us citizen we been together 3 years i want to know if i marry her do i need to leave the country to apply for green card?
JA: Have you filed any paperwork with the USCIS (U.S. Citizenship and Immigration Services) yet?
Customer: Yes
JA: Have you talked to a lawyer yet?
Customer: I have talked lawyer 3 year ago and he say i have to leave country to apply for green card
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 6 months ago.

Hello,my name is ***** ***** I will be the immigration attorney helping you today.

Since you entered the US illegally, there is no way for you to get your greencard inside the US by marrying a US citizen. Once you are married and your girlfriend petitions you, then you need to apply for a waiver called I-601A. If your waiver gets approved, then unfortunately you still need to depart the US to your home country to get your immigrant visa (green card) there and then return to the US.

Good luck to you and I hope this answer has helped you!

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Customer: replied 6 months ago.
Since i apply for the asylum i cant go to my home country so what i need to do
Expert:  Jen Marie, Esq. replied 6 months ago.

You still need to do the same thing. However, if your waiver gets approved, then you would have to figure out another country to go to and then return, which could be difficult. But you still need to leave the US. There is no way around that. And once you leave the US, there is a chance they will not let you back in.

I hope this helps and hope that I have earned your positive rating. Thank you.