Q & A February 26, 2006Q & A 1. SECTION 245(i), ASYLUM ADJUSTMENT ISSUES, AND THE RISKS OF FILING TWO PERMANENT RESIDENCE APPLICATIONS AT THE SAME TIMENew York Zhang Reader asks: I was recently granted with political asylum by Immigration Court.
At the time, I married to an U.S. citizen. Therefore, I have 2 ways
to apply for green card. Dear reader: 1 The marriage green card will generally be faster than an asylum green card application. If you have been recently granted by the immigration court, you will have to wait for one year in asylum status prior to applying for permanent residence. By that time, you would most likely be well on your way to permanent residence through the marriage case. This is of course assuming that you entered the country legally or you are grandfathered under section 245(i) so that you can adjust status in the States upon payment of a fine (currently $1000). If not, you should weigh the pros and cons of consular processing your marriage case, e.g.-whether you are barred from returning to the U.S. and whether you wish to go through the expense and uncertainty of consular processing if not. (you should consult an immigration attorney to determine whether you are subject or not). You have also asked whether you should process both green card applications at the same time, and I will assume for purposes of this part of your question that you have already acquired the one year of asylum status. I do not believe that it would be in your best interest to submit both applications at the same time as this could cause U.S.C.I.S. to delay your processing since you will be creating an additional file with the agency which will have to be looked at and consolidated with the other file before a final decision can be made on your permanent residence application. 2 If you receive residence status through marriage, you should be able to return safely to the States as the basis of your residence is through marriage and not asylum.
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Copyright © 2003-2006 Alan Lee,
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