Legal Question in Immigration Law in New York

Asylum application unfinished, now trying to apply AoS

An individual entered the U.S. legally through a visa, and applied for Asylum. They had overstayed during the case (as advised by their lawyer at the time). The person reviewing the asylum (strangely) was not convinced, and the individual was required to meet at a court review. The lawyer abandoned the case before this, and she was not allowed to enter without a lawyer representing her. She could not find or afford another lawyer, and the court and officials did not help. She then overstayed for several years after this. Is it possible for her to re-apply for asylum or AoS through marriage, or will the old case affect the outcome? She recieved bad advice and was abandoned from the lawyer assigned to her and was not able to continue the case due to her inability to find a new lawyer. This situation happened in California years ago.


Asked on 1/21/09, 4:23 pm

1 Answer from Attorneys
Alexander Tsiring The Tsiring Law Firm, P.C.

Re: Asylum application unfinished, now trying to apply AoS

In general, a person can apply for adjustment of status based on a marriage with US Citizen, regardless of outcome of the asylum case, proveded that there are no other bars to adjustment. However, considering the complicity of this case, you should contact a lawyer who can review all the documents and determine what can be done.

You can contact our firm if you need further help.

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Answered on 1/21/09, 5:19 pm


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