Colma, CA Immigration Law Firms & Lawyers

If he is your husband and came into the country legally and if you are a US citizen, he can apply for adjustment of status on the basis of marriage to you. If you are a US citizen and if he came to the country illegally, he may be able to take advantage of the Administration's I-601A program under which you can apply for an I-130 relative petition on his behalf, have it approved, and he would then be eligible to apply for a waiver of the 10 year bar against return for a person who has stayed here illegally in the States for one year while he is still here. At the end, he could process the rest of his case with the US Consulate in his home country where he would go through a regular interview. Further if he was under the age of 16 when he came to the US and not over the age of 31 in June 2012, he may be able to apply for another Administration's program, DACA (Deferred Action for Childhood Arrivals) under which he would be allowed a two-year stay in the country with employment authorization if he qualifies. The program is extendable. Otherwise he could wait to see what will happen with the push for comprehensive immigration reform.  Finally if he is caught by Immigration, he is entitled to a hearing before the immigration court at which he can put forth all the reasons for which he should not be removed.  Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

The asylum application would not negatively affect your application for change of status from F-2 to F-1. As you note, the I-539 form does not ask for information on whether you have applied for asylum. By the same token, however, one of the benefits of the asylum claim, employment authorization, is seen as a violation of nonimmigrant status even though it is allowed under your asylum claim. Such would be a valid ground for U.S.C.I.S. to deny the change of status on the basis that you have not maintained your nonimmigrant status as an F-2 is not allowed to work in this country. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

After you enter the US, you will get a two year green card., if married under two years at date of entry. You then apply for a ten year green card. After 2 years and 9 months of having a GC, you can apply to become a USC.