had you adjusted your status and closed the asylum case? contact a lawyer a visa isn’t lawful status therefore you need to adjust and file family base.

you filed asylum?

just get a attorney

you might be in removal condition with your pending asylum, contact an attorney asap.

@baba fa Yes I came here 8yrs ago and filed for asylum with a lawyer which is still pending and later got married and decided to go apply through family base

@Yaya Yaya Is your spouse a US citizen or permanent resident? Unfortunately, pending asylum is not a status here. yes, you can legally work with pending asylum, but you basically have no status since it’s pending. if you were granted asylum - it makes you Asylee which is a status. long story short, if you are married to permanent resident - you won’t be able to adjust your status (before your spouse becomes a citizen) because you were not in a “legal” status here, and marriage to LPR does not “forgive” you this. Whereas, if you are married to US citizen - your “not lawful” status is forgiven and you have the right to adjust your status. hope that helps 🙏

@Anna Miller thank you it’s beginning to make sense now. Quick question so when we applied for our I-130 and I-485 my spouse was a permanent resident but now she just became a citizen. is there anything we can do now that she is a citizen?

any time! since she is a citizen now you should not get this problem because marriage to a citizen forgives unlawful presence. I’m not sure whether it’s better to appeal or re-file I-485 though.

@Anna Miller Oh ok

get a lawyer and refile

@Yaya Yaya you should be able to Appeal it if you said your spouse is a citizen now send them a copy to prove that your spouse is a citizen

yes, what Anna Miller said. Pending asylum is not a lawful status that one can adjust, it is a period of authorized stay that allows you not to accrue unlawful presence. Since your petitioner was LPR, you must have had a lawful status to adjust. refilling is faster than appealing, also you'll be eligible for EAD

Anna Miller want to ask questions what to do?

@baba fa sure, what questions do you have?

so any LPR can't file for spouse?

LPR can file for a spouse, this is the form I-130. Now, if you came to US illegally or if you stayed in US illegally even for 1 day - then even if your I-130 is approved you will not be able to adjust your status (I-485) because you accumulated unlawful presence and marriage to LPR does not “forgive” you that. They will basically do the same as with Yaya - deny it. Now, you can wait until your spouse becomes a citizen and then file I-485, or I believe there is a waiver for unlawful presence (I-601) that you can file. I’m not very familiar with that waiver though. again, I’m not a lawyer, but I read a lot about this stuff. @baba fa

however, if you were always in a lawful status here, your LPR spouse filed for you, and your marriage is bona fide, then you should not have any issues.

what do you came illegally to US? Anna Miller

mean?

I mean if you crossed the border/ came here without an inspection. Basically, if you came here without a visa

ok

thank you Anna miller

@Anna Miller you deserve a reward for your explanations, you can be our tutor whenever we are stuck in the mix . 2021 fillers don’t give up!

haha, thank you @Sheero mwas :) I’m just so desperate because of waiting for so long that I’m trying to find all the info possible I hope sharing it with you guys would help 🙏