User Question: I filed asylum in December 2023. In December 2024, I got married to a U.S. citizen. How tough is the situation when I file for a marriage-based green card? Does my pending asylum negatively affect the new case? I came to the USA on a B1/B2 visa in July 2023. Any advice?
Expert Answer: Since you entered the U.S. on a B1/B2 visa and were inspected, you are eligible to adjust status through marriage to a U.S. citizen. Your pending asylum case does not automatically affect your marriage-based green card application, but USCIS will scrutinize your case to ensure your marriage is bona fide and not solely for immigration benefits. If your asylum case is still pending, you can withdraw it after getting your green card. However, if you were in removal proceedings, you would need to have your case terminated in immigration court before adjusting status. Consult an immigration attorney to guide you through the process.