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Thread: Asylum Denied, TPS Pending, Can I Marry a USC and go through AOS safely?

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    Asylum Denied, TPS Pending, Can I Marry a USC and go through AOS safely?

    Hello Guys, your input would be so much appreciated:

    My sister entered the US lawfuly on Visitor Visa in May.

    She applied for TPS for Syrians in June.

    She met her current Fiance ( USC) in August

    She converted to Christianity in September and filed for religious based asylum in October.

    Her asylum was denied in November

    Her I-94 expired but my TPS was still pending due I did not accrue unlawful presence

    In January she received RFE ( request for further evidence) for her pending TPS. The deadline to respond is April 15.

    Her then boyfriend of 8 months ( with whom she has been living since Aug) proposed to her at the same time. They are planning to get married in March after his exams are done.


    She will be able to file her I-130 & I-485 before the deadline for her TPS's RFE. However, while she is waiting for her marriage based AOS, her TPS application will be denied.

    Is she going to be put into removal procedure? or is the pending AOS going to protect her? Let's assume they will be successfully able to prove their bona fide marriage ( we expect her to be grilled with questions int he interview) Is there going to be anything else, they need to be aware of? Tnx For your kind assistance and insights!
    If we do not hang together, we will all hang separately.
    Franklin, Benjamin

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    Is she working with an attorney?


    Was her asylum claim considered frivolous?


    There is no protection from being removed with a pending AOS case, but I don't know about pending TPS. I am guessing no, but I don't know for sure. You can try to research this. I'm going to work in a little while so I can't read about this right now.


    Why is she expecting to receive a RFE for her TPS application and why is she expecting her TPS to be denied? Is she not Syrian? Did she provide required documentation with the application?


    Why is she expecting to have a hard time adjusting status or for her marriage to be scrutinized?


    Yes, she will probably receive a NTA. She really needs to contact an attorney as soon as possible.

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    Thank you for your questions. Her asylum was denied because of inconsistency found during her interview. Her TPS will be denied because she entered the US after the designated day for Syrians. At the time we filed the TPS we were not sure if that would be a problem. Now the RFE is asking her to submit a document to show that she entered the US before the designated day. She will not be able to respond to RFE hense TPS will be denied.

    I know that while her TPS is pending she is not acrruing unlawful presence. Her mariage based AOS will be submit while her TPS is still pending but most likely by the time she will do her finger print she will have already received the denial letter.

    Can you tell me a bit more about " There is no protection from being removed with a pending AOS case" I thought as long as you have a pending case with the Immigration you are allowed to stay in the US? Is that not true? Are you saing that she will still b ereceving NTA even though she filed for AOS before the TPS denial? Can tell me more about it please?

    Because she has already filed a TPS, and Asylum we do expect that the immigration is going to scrutinize their case. Also my sister is a converted Christian while her going to be husband is Muslim. So I assume there is going to be a lot of explaining. However, we are preparing for that. Their marriage is REAL and Genuine. Only, they needed more time to get to know each other and her fiance is very spiritual and does not mind her love in Christianity.
    If we do not hang together, we will all hang separately.
    Franklin, Benjamin

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    Lets see"

    Non issues

    Her being out of status

    Issues

    Inconsistencies in her asylum claim, what were they?
    Change of religion which may be presumed to assist in claiming asylum.
    TPS claim when she knew she was not eligible.
    Now marrying when it would appear other avenues have closed.

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    I know, too fishy! but they are explnations for each and every issues. When we filed for her TPS, from the wording of the eligiility requirement sec in the immigration papers and announcement, we were not sure if it would not be applicable to her who entered the US 3 weeks AFTER the designated date. Our conclusion was that if all the other criteria met, one who enterd after the designation date, was eligible to file because the designated date was the start point! I had my doubts so i even called USCIS customer service and was told she would be ok to file!! Later, we consulted a lawyer who told us it never hurt to file, in the past, the Immigraion had made an exception to either Sudanese or Sumalians TPS designation date retroactively!

    As for her converting to Christianity, it was based on her personal decision. She is still attending the Bible study and service regularly and willingly. she was encouraged to apply for the asylum by her church's member who even took her to a lawyer to prepare the case. However, during the interview the translaor screwed up and therefore, she elected to to continue in English. Well, she then screwed up because her English language is poor, she got stressful and confused. The lawyer that accompanied her to the interview, did no ask to reschedule another interview and basically was of no help!

    Now, with all that said above, she has been living with her fiance for the last 8 months in another state and they grew very close. she was preparing to return to her country before the RFE deadline but then her BF popped the question... and hell, yes, she wants to get married and have children. she is 35 years old and this is a dream come true for all of us.

    Anyway, I am wondering if NTA will be automatically issued or she would be placed in removal automatical upon the denial of her TPS? I am also wondering if her properly filed i130 and I-485 would prevent that from happening. she was not placed i. Removal upon the denial of her asylum while her TPS was pending. So why not the same senario in this case?

    We are also looking for a reputable lawyer in D.C area. you see, we were stung by 2 lawyers in the past and we do not want to repeat that! So I'd like to hear your ideas before she is meeting with a lawyers in order to have her ask the right questions. Tnx again for ur contribute!
    Last edited by annasttasiaaa; 01-26-2013 at 08:14 AM.
    If we do not hang together, we will all hang separately.
    Franklin, Benjamin

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    I don't know a lot about TPS, but if the deadlines are not flexible, then the TPS may be denied.

    Having a pending I-130, I-140, I-129f, I-485, etc does not protect anyone from being removed.

    I don't know when USCIS will send a NTA. The NTA could be sent soon, but the judge should probably be informed that she has a pending TPS application and what is going on with the situation.

    I don't know how detrimental it will be for a case if someone filed for TPS knowing it could be denied. That isn't a deportable offense that I know of. You can see the removal resources link in my signature and it contains links to all sorts of INA sections that cause a person to become deportable, but I don't think filing a TPS claim as an effort to try to stay in the US counts as a deportable offense. TPS is probably not guaranteed to anyone, even if filing within the deadlines so I don't know how significant this will be in general. Things like unlawful presence and denied asylum claims are usually considered deportable.


    Appealing the denied asylum claim may be an option, but this has to be discussed with an attorney.

    She will at some point most likely be in removal proceedings if the TPS is denied. This case needs a good attorney. There are attorneys listed in the attorney link in my signature. I believe there are some in the DC area that are recommended also.

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