What happens with political asylum regarding marriage, etc?

UPDATED: Feb 21, 2012

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What happens with political asylum regarding marriage, etc?

My husband filed for political asylum few month ago and awaiting for interview. But we got married after he filed his papers. I’m on my F1 visa but his visa was expired when he filed for asylum. Might our late marriage effect result of his interview? And if he gets denied in asylum, do we both have to live the country at the same time or I will be able to finish my study here wile my visa is valid?

Asked on February 21, 2012 under Immigration Law, Massachusetts


SB, Member, California / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If he gets asylum you will not be eligible for it with him since you were not married at the time of his filing.  Secondly, if he submitted his application after he was already out of status, he will have to appear before an immigration judge who will determine his eligibility.  If he does not get asylum granted, he will need to leave the country unless he chooses to appeal somehow.  It does not mean that you have to leave the US with him just because you are married.  You can stay in the US as long as your visa and your authorized period of stay is still valid.

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