You probably are both required to attend the MCH. If you or she does not attend, the judge will deport the absent person. If she marries a person with a GC, it will probably not help her remain in the US – if the husband was a US citizen, that probably would help. She should talk to a lawyer to review her options. Also, if it was your asylum case and she was a dependent, and she is now divorced, she no longer is a dependent her EAD is technically invalid. Also, she is no longer an asylum seeker. She can file for asylum on her own, but she needs to do that as soon as possible. As for you, if you marry, and she is a citizen, she can probably sponsor you (and your non-US citizen child). If you move, you have to tell the court, and maybe your case will be moved to PA. Regardless, you must attend the MCH or get the judge to move the case and excuse your attendance. I think you need to talk to a lawyer about all this to help you. Take care, Jason

Hi sir , i came here with family ( wife and one child 2nd child born here) on bi b2 visa june 2014 and put asylum application and got interviewed by asylum office dec 2017 in San Francisco and referred to immigration court. I got a master hearing interview letter. It is on 27 feb 2019. In the mean time we got divorce and our divorce finalised on 16 april 2018. Now she lives with her boy friend. Her boy friend here parmanent resident but she still didnt marry him but mid of feb may be she will be marry him. So my question is this she should have to appear with me in the immigration court?? If she do not appear with me at time of master hearing then whats wrong with her.
2nd now im also fall in love with someone whose lives in Pennsylvania and plan to move overthere and hopefully we get marry very soon so what can i do at time of master hearing and suggest me what can i do further
Thanks

I doubt you will get an interview soon, as they are not interviewing on a last-in, first-interviewed basis. I wrote about that on February 1, 2018. As for the EAD, it is taking longer but there is an automatic extension – I wrote about that on January 25, 2017. Take care, Jason

I applied my asylum case in July 2014 at SF. No interview yet
Do you think they will interview me soon. Since, I heard they start interviewing 2014 cases.

Also, I work for big IT company and my EAD expiring next year in 2019 may. I heard immigration taking longer time on EAD. If so i can continue working as it says on immi website if you didn’t receive your EAD card on time you can continue working for 6 months ( Automatic Extension )

Thanks,
Atinder

I can’t say this is impossible, but it is very unlikely to work. You probably would have to close the court case, leave the US, get the H1b overseas, and then return here. Talk to a lawyer about that, but I would not spend a lot of money on this unless you really trust the lawyer, as I do not think this will work. I do not know about wait times for SF, but each Judge’s wait time is different, even in the same court. Take care, Jason

Can we do H1B now that our case has been referred to immigration judge? I mean is it legally possible tp start the H1B process in this situation?

Also, if we move tp San Francisco, how long is the wait for individual hearing there? I know it depends on the judge, but any record of shortest or longest wait times?

Thanks!

Thank you – We will have to see if there is some explanation for this, as the approval rates for all offices seem down. If I have more info, I will post it here. Take care, Jason

Thank you very much!

If you relocate, you must inform the court, and normally, they would move your case to a court near where you live. You can request a copy of your file using form G-639, available at http://www.uscis.gov. It probably takes 4 to 6 months. Take care, Jason