Denial of asylum: Do I have any chance via marriage to US citezen now?

[fesa]

People,
I need more information in my current case.
Today I have been denied in my 2nd interview for asylum. They asked me to leave country till October. Also I have chance to appeal again in one week.
I am really upset. Now I have a US citezen person, whom with I can merry.
But after the 2nd denial and after on removal position Do I have any chances to apply for green card via marriage?


I will appreciate any advice.

[momof1]

I think we need more information.

How did you get to the US? Did you file within one year? How long were you here before you filed? Did you overstay or have illegal presence before you filed?

My husband was in a similar situation BUT he came on visa waiver program(1999), overstayed, married me(US citizen) 3 years later(2002) during asylum proceedings and was deported in 2007 after his asylum and numerous appeals were denied. We had an approved marriage petition but wasn't allowed to adjust status to get his greencard. I'm not saying this is what will happen to you, but it's what happened to my husband because he came on VWP. That's why the Q's I asked are important.

Hopefully with some answers someone with better knowlege will be able to help you because I'm only able to speak from my experience.
Edit:
What exactly do you mean by "denied at 2nd interview?" my husband had 6 hearings over the course of quite a few years.

[fesa]

I think we need more information.

How did you get to the US? Did you file within one year? How long were you here before you filed? Did you overstay or have illegal presence before you filed?

My husband was in a similar situation BUT he came on visa waiver program(1999), overstayed, married me(US citizen) 3 years later(2002) during asylum proceedings and was deported in 2007 after his asylum and numerous appeals were denied. We had an approved marriage petition but wasn't allowed to adjust status to get his greencard. I'm not saying this is what will happen to you, but it's what happened to my husband because he came on VWP. That's why the Q's I asked are important.

Hopefully with some answers someone with better knowlege will be able to help you because I'm only able to speak from my experience.
Edit:
What exactly do you mean by "denied at 2nd interview?" my husband had 6 hearings over the course of quite a few years.

I came in USa on visitor visa and within a year applied for asylum.
I got 2 hearings and get denied for deportation. I didn't overstayed but I am in USA almost 3.5 years. What are options do I have now?

[momof1]

so, you're saying that after your second hearing you got a denial. can u appeal to the bureau of immigration appeals? I'm unsure if you still can because, if I remember correctly, you have to file within a certian period of time.

If you don't already have a lawyer I suggest you get one. Most people on this forum seem to have a lot of experience with waivers and not so much with asylum.

[fesa]

so, you're saying that after your second hearing you got a denial. can u appeal to the bureau of immigration appeals? I'm unsure if you still can because, if I remember correctly, you have to file within a certian period of time.

If you don't already have a lawyer I suggest you get one. Most people on this forum seem to have a lot of experience with waivers and not so much with asylum.



Yes, I am appealing it in a month. However the main problem is whether I can still merry and apply for GC through marriage.

[momof1]

that depends. i think it would be something to ask your lawyer. it is a possibility that the marriage petition may not be approved before a decision on the appeal is made though.

[katy_brovig]

OK, Momof1 ... So remember how I said i wasn't "worked up" in that other thread? Wellllllllllll, after reading this thread and the details of your case, I think it's safe to say I am on the verge of getting worked up now. Why was your marriage petition denied, if you don't mind my asking?

Actually, maybe I shouldn't hijack this thread. Lemme go see if I can get the details from your previous posts. I might be PMing you soon, though! :)

[momof1]

katy my marriage petition was approved but it wasn't approved until after the asylum was already denied. i was telling fesa that she may not get an approval on her marriage petition before the appeal is finished.
Edit:
katy I'm sure your lawyer knows more than i do :) My case is very specific and is complicated by a lot of things so don't use it as an example to get upset. just keep yourself very informed of the process.

[katy_brovig]

Oh my god, Momof1, that is so tragic. It really is. So now you're apart b/c USCIS couldn't get its act together and schedule your i-130 interview BEFORE his court hearing? I'm just astounded by this. I'm really sorry to hear that. You really do have my sympathies.

You're the only such case I've seen, but my fear of something like that happening to us is what propels me to make InfoPass appointments on practically a weekly basis now. I had to throw a MAJOR FIT at my last appointment before they'd listen to me. They FINALLY had our file overnighted (via DHL, how weird, huh?) from the trial attorneys unit in Boston (where the judge is) to Houston (where we live now) so that Houston could schedule our i-130 interview. My husband's next hearing in his asylum case is in October. That's two months away! And I'm just praying we get our i-130 hearing before then ...
Edit:
katy I'm sure your lawyer knows more than i do :) My case is very specific and is complicated by a lot of things so don't use it as an example to get upset. just keep yourself very informed of the process.

Ohhh. I see your timeline now. Yes, your case does indeed seem very complicated. OK, but I'm still going to be bugging you for guidance, I'm sure! :) For one, our husbands were practically neighbors (mine is from Morocco)!

[momof1]

katy some things have changed in regards to asylum and adjustment of status since the decision was made in our case. it was 3 years ago already.
Edit:
and my husband's asylum consisted of 6 separate hearings, but it took them over 2 years to make a decision on the I-130. Something possibly could have been done if they approved it sooner, but I won't live by what ifs. It is what it is.

[katy_brovig]

Something possibly could have been done if they approved it sooner, but I won't live by what ifs. It is what it is.

A very wise woman, indeed. :) I wish I could be so Zen ... I'm like a friggin' mouse who has the misfortune of thinking it has the power of Atlas, trying to move USCIS in a certain direction. Some would call this "delusional." I prefer "persistent."