User Question: Hello, I need advice. I applied for asylum last year under the gender ground (same-sex relationship). Now, I’m getting married to the opposite sex. Will my previous asylum affect my marriage application? Will my marriage application be questionable? Should I withdraw my asylum case first before applying for marriage?
Expert Answer: Your previous asylum claim could raise questions in a marriage-based immigration case, especially regarding credibility and potential misrepresentation. However, it does not automatically disqualify you from applying for a marriage-based green card.
1. **Impact on Marriage Petition** – USCIS may scrutinize the legitimacy of your marriage and the reasons for the change in circumstances. You should be prepared to explain your situation clearly.
2. **Withdrawing Asylum** – It is not always necessary to withdraw your asylum case before applying for a marriage-based green card, but it depends on your specific case. Consult an immigration attorney before making any decision.
3. **Potential Risks** – If USCIS doubts the legitimacy of either claim, it could affect your immigration options. Providing strong evidence of your bona fide marriage is crucial.
Seeking legal advice before proceeding is recommended to avoid complications.