Legal Question in Immigration Law in New Jersey

consequences for person who was denied asylum

I am a USC who is married to a visitor who has overstayed his time. My husband entered the US as a visitor in 1988 and was inspected. Back then, he had applied and received a valid working only social security number. How he has never filed taxes and has worked on and off for cash. In 1993ish he applied for asylum but was denied. As a result, he was sent an order to show cause and was suppose to appear before an immigration officer, but he did not go. In 2001ish he also applied for his papers through a church sponsorship program and while I don�t know how far the process was taken but he was unsuccessful. He has no criminal history and has never been arrested. I am very concerned about the consequences of his prior attempts to become legal will have on our current application. We got married in august 2005 and I would like to get his situation correct. I do not want him to be deported. I am worried about how we should address questions about his previous immigration applications. 1. How should we proceed? 2. Are there negative consequences to him because of his prior applications? 3. Do we have to disclose everything in my petition for him and in his adjustment application? 4. We don�t know if deportation proceedings


Asked on 2/08/06, 1:08 pm

1 Answer from Attorneys
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: consequences for person who was denied asylum

Dear Ma'am,

Your husband clearly has a intricate history with his immigration filings. Unfortunately, it does not seem to be a case that you want to be handling on your own. I would want to see copies of all his previous filings and the decisions made on them. If he is currently in deportation proceedings you will have a bigger hurdle in filing for his green card through marriage. If however, he is not in proceedings you may have better luck. Although I am concerned about his failure to appear before the officer. Please feel free to call me and let's set up a time to talk in more detail about his case. This way I can realistically assess how strong or weak his case is.

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Answered on 2/09/06, 12:49 pm


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