Legal Question in Immigration Law in California

I am from Belarus, Minsk. Came here in the U.S with j-1 visa and applied for a political asylym in September. I had an interview on 17th of October and after that I haven't heard anything. I was sending emails and letters but the only one thing which they answered is that my case is pending. My interview was in Anaheim, California and I am from San Diego, California. In March I applied for employment authorization. My boyfriend and I live together and he proposed me recently. We plan to get married at the end of July. Also we plan to visit my family in December. Outside of the U.S. My question is what proper documentation has to be done in order to visit my family? Also I know that one of the main things are tax returns. my boyfriend had made less than$20,000 in 2013. My friend said that he has to have more than 20,000 to be able to show immigration services that he's capable of taking care of me. I had made $10,000 in 2013. Sooo what we should do to have a proper documentation. Thank you.


Asked on 4/13/14, 12:39 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

If you applied for asylum, you should not be visiting the country in which you have allegedly fled. Also, departing the U.S. while your asylum application is pending could be viewed as abandonment of your application.

If your fiance is a U.S. citizen, and plans on petitioning you for U.S. legal permanent residence, then he can use a co-sponsor for the affidavit of support, if he does not meet the poverty guidelines.

Once you are married, assuming he is a U.S. citizen, he can petition you, and you can file for adjustment of status. The problem is, if your asylum application is denied, you will be put in Removal proceedings. Although you can adjust status in Court, I would highly recommend being represented by competent counsel.

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Answered on 4/14/14, 3:17 pm


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