Sponsor Asylee through family based marriage


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Dear lawyer,

There are confusion around whether a US citizen can sponsor their asylee wife (crossed the border, surrender to DHS and released on a bond). Can you please clarify whether an US citizen can sponsor Greencard through marriage or not? Will there be complication because of her open case.

Thanks for your help

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For Adjustment of Status as family-based, the person must have been "admitted" or "paroled". If she applied for asylum at the port of entry, she probably wasn't "admitted" or "paroled", and probably can't do Adjustment of Status as family-based (unless perhaps she leaves and re-enters on Advance Parole). Even after she is granted asylum, she still doesn't count as "admitted", and probably still can't do Adjustment of Status as family-based.

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