Asylum, cases are adjudicated by asylum officers in case of an affirmative application for asylum or by an immigration judge in case of an asylum claim being used a relief against deportation proceedings initiated against the alien. Asylum cases are normally heard before an immigration judge in court. However, before it reaches the judge in court, an asylum officer will conduct an interview to determine whether or not to forward the case to court.
The deadline for an asylum seeker to file for asylum is one year from the date of entry, minus one day.
You can get a green card through marriage to a green card holder. You must adjust your status based on your marriage to a green card holder and withdraw your asylum claim.
You can apply for asylum at any time as long as it is done within one year of your arrival to the U.S. and as long as they have a well-found fear of persecution in their home country and they don’t have a safe haven, a third country of settlement.
If your J-1 visa has expired and you have never returned to your home country after coming to the US you may be able to apply for asylum. However, you must file for asylum within one year since you entered the U.S. otherwise you must explain why you are filing for asylum past the one year deadline. Please consult an immigration attorney immediately so you can start applying for asylum.
Most family problems do not constitute a ground for asylum under US immigration laws. If you are legally married to your spouse, you can apply for a F-2 visa at the US Consulate in your home country.
You can work on campus and you can also apply for an authorization to seek employment off campus and you would have to show hardship and provide good cause that has caused hardship. Consult an immigration attorney and your school’s international student office. You should understand that leaving school while on F-1 visa will jeopardize your student status. The alternatives available to you so you can stay here legally are to marry a US citizen or you get a job and an employer to sponsor you. If you qualify you may also file for asylum, TPS, or a victims visa. Other temporary options could be a visitor visa (B1/B2) or a trainee/exchange visa (J-1) if you have a sponsor. Consult an immigration attorney to further discuss your options.
If a person has not suffered past persecution, he or she is still eligible for asylum based on a fear of future persecution alone if they were returned to their home country.
If an asylum application is granted, he or she can file a family-based petition for the son or daughter when the Asylee becomes a permanent resident.
If your asylum case was denied is now under appeal and you marry a U.S. Citizen, your spouse after marriage can apply for you, but it could take some time because you have an asylum case still pending.
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