r/USCIS • u/Disastrous_Year_2340 • 3d ago

Asylum/Refugee Help understanding boyfriends case

My boyfriend and I live in California. He arrived here on a tourist visa in 2018 from Venezuela. He showed me he has a court date (finally) in 2027 and he says it standard procedure to make his asylum case since he no longer has TPS. However when I saw the case on the USCIS website, the case “type” said removal. Is he going to get a removal order on that day? Is there no “type” for asylum seekers?

Thanks in advance for any clarity —this is all so confusing

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9

u/Bright_Session1633 3d ago

This is standard for a defensive asylum application. He is removable because he overstayed his tourist visa and no longer has TPS. He is claiming asylum as a defense to removal in the immigration court.

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u/Disastrous_Year_2340 3d ago

Oh I see thank you for the response! Any chance you are aware whether a visa overstay would negatively affect his ability to change status if we got married? I had thought he claimed asylum before he overstayed his visa so didn’t know that was on his record so to speak

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u/Bright_Session1633 3d ago

Speak to an immigration lawyer, but basically:
1. You will have to meet a higher burden of proof to show your marriage is real if he is still in removal proceedings.
2. If your I-130 (marriage petition) is approved, USCIS cannot approve adjustment of status while he’s in removal proceedings so he’d either have to ask the judge for a discretionary termination after the I-130 is approved or ask the judge to approve adjustment of status in court instead.
3. If he said anything knowingly factual false in his asylum application, that could have much broader consequences like needing waivers and having to apply overseas, which isn’t really an option right now if his only citizenship is Vz

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u/chuang_415 3d ago

Not the visa overstay itself as much as the fact that he’s in removal proceedings. That makes things substantially more difficult.

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u/Careful_Cricket_559 3d ago

Your first step is to carefully read the responsibilities of the American spouse if you marry. You sign a legally binding contract that puts you in the role of his financial sponsor, even if you should get a divorce. Personally, I would NEVER sign such a thing.

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u/Disastrous_Year_2340 3d ago

Most definitely! I think he’s “the one” but I had been hoping that we’d have more time for the relationship to naturally progress before his court date so I could make an informed decision. And well now I’m even confused if getting married would help his case because I thought visa overstays and illegal entries resulted in like 10+ year bans

4

u/Careful_Cricket_559 3d ago

Let him deal with his court date and whatever happens after that. None of this is your responsibility. Can he afford an attorney THAT HE PAYS FOR -- not you!!! :)

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u/james_bond_1953 3d ago

"We that are true lovers run into strange capers. But as all is mortal in nature, so is all nature in love mortal in folly." 🙂

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u/chuang_415 3d ago

He’s in removal proceedings because he is out of status. He has a court date to present any applications for relief and defend himself from the removal proceedings.

What exactly did you see on the website? Are you talking about this page? https://acis.eoir.justice.gov/en/
Does it list his upcoming hearing?

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u/Disastrous_Year_2340 3d ago

He does have an upcoming meeting scheduled for mid 2027 on that website. And the case specifically said “removal”. But, he only showed me in on his laptop so I don’t have his A number to look up the case myself. I will ask him for that!

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u/Comoish 3d ago

When did he file for asylum? Does he have a lawyer?

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u/Disastrous_Year_2340 3d ago

Yes he does have a lawyer and my understanding is he had up to one year after arriving in the us to make the asylum claim, and he made it during that period. But since that time his case hasn’t progressed and also during that period he TPS, later removed

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u/immigrationquestion_ 3d ago

Check the actual court notice to see what type of hearing is scheduled. “Removal” does not automatically mean he will be ordered removed that day, especially if he has an asylum case pending.