asylum and marriage

[carina]

What is the name of your state? CA

My husband's asylum appeal is in the 9th circuit right now. I also filed a family petition (I - 130) for him and it has just been approved. I have a green card but I already applied for US citizenship. I am not clear about what to do next. Can I file I - 485 for him now or do I need a permission from the 9th circuit do this? Thank you for any advice.

 

[SHORTY LONG]

How did your husband's case in the first place end up before the (CA9) Circuit?

 

[carina]

He was denied his asylum application, then he went to court and was denied again. His first appeal was denied too and now his last appeal is in 9th circuit. It's been there for more than 3 years now and if he gets denied until I get my citizenship I am affraid he'll get deported. I wanted to know if it's possible to ask 9th circuit to hold his case until I get my citizenship or what's the right thing to do here. All the lawyers I've talked to say different things.

 

[SHORTY LONG]

What does the Attorney representing your husband on Appeal have to say about
your situation? Is your husband confined by authority of law? Did your husband
enter the United States illegally?

Suggest you consult with the Attorney handling your husband's Appeal; and
ask him or her if a Motion can be filed to stay the proceedings until you get
accomplished what you seek. MIND you this is just a suggestion, and I am
really not sure whither it would even be possible; for one, i do not know
the complete case history, and the situation of you & your husband!

 

[evcalyptos]

What is the name of your state? CA

My husband's asylum appeal is in the 9th circuit right now. I also filed a family petition (I - 130) for him and it has just been approved. I have a green card but I already applied for US citizenship. I am not clear about what to do next. Can I file I - 485 for him now or do I need a permission from the 9th circuit do this? Thank you for any advice.

He can not file I-485 until you are a US citizen (taken the oath) and upgraded your petition or your petition has some current (priority date).

 

[carina]

My husband entered the United Stated legally on a guest visa. The attorney representing him on appeal says our marriage has no effect on his asylum appeal. I talked to another attorney yesterday and he said when I get my citizenship we can try to reopen the case based on marriage. Until then we can either just wait and hope that his appeal is not denied or we can file a statement with the 9th circuit showing that we got married. But that's risky too because that can actually speed up their decision. If we file a motion to hold the case it's not likely they will agree to hold the case for several months. I guess it's better to just wait?

 

[SHORTY LONG]

Overlooked a very important part of the OP's Post; Sorry!

It would seem advantageous and logical to file a Motion with the (CA9) first,
for permission to supplement the record with your Marriage documents, and
anything else to prove you are lawfully married etc. This would be based
solely upon you have been married for a length of time, and not under
fraudulent conditions. This is just my take on it, as I stated earlier, that I
have not reviewed your entire case etc. But on the other hand, because you
yourself is not a legal immigrant Citizen of the United States, then yes, most
likely this would not help at all. It sounds as that your case is not in a very
good light. I do hope you all the best. Good Luck.

 

[carina]

Thank you for your suggestions. I'll hope for the best!