Peekskill, NY Immigration Law Firms & Lawyers

If your fiance entered the US legally and you are a US citizen, you will need to petition for him on form I-130 and your fiance will need to apply for adjustment of status on form I-485 concurrently after you have been married. The application fees will total $1,490.

The answer depends on your priorities. Since 150 days elapsed after you filed an asylum application, you are eligible to file for an EAD; you will not have to pay the filing fee for the initial EAD; nor will you need a new SEVIS Form I-20 (and have to pay the extension of status and SEVIS fees). An asylum-based EAD can be renewed every year while your asylum case remains pending in USCIS or in the courts. On the other hand, if you apply for OPT, it will give you a year of legal status in the U.S. that will not depend on the outcome of your asylum application: if USCIS denies your asylum application, it will place you in removal proceedings before the Immigration Court; but, if you will be on OPT at that time, the Court will dismiss the proceedings - because you will have legal status, and not be subject to removal. This could give you an opportunity to look for other ways to remain in the U.S. legally (by taking another course of study, or by finding an employer willing to sponsor you for a work visa, etc.)