Can a US-based spouse of LPR work in US?

D

doctorn

Registered Users (C)
We have been married since 2004, got married in US. Spouse is here on H-1 visa, term of which runs out in Dec 2007. My green card got approved through asylum in Nov 2006. Now, when I apply for my spouse, are they allowed to work in US while awaiting for the approval?

Thank you!!!
 
doctorn said:
We have been married since 2004, got married in US. Spouse is here on H-1 visa, term of which runs out in Dec 2007. My green card got approved through asylum in Nov 2006. Now, when I apply for my spouse, are they allowed to work in US while awaiting for the approval?

Thank you!!!
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Hi:

Unfortunately not. At least not based on your petition. Best wishes.
 
I don't know much about asylums, but couldn't your wife have gotten a derivative status through your asylum?
 
We dicided not to do it at that time - being on H1 seemed more flexible than asylee, without being able to travel on national passport and other restriction. My spouse is not from the same country as I, so prosecution is not an issue. But if asylum is a derivative category, can I apply for my spouse's I-485? One of the categories there is "through the spouse that became a LPR in a category that allows a derivative status.".. How can I find out about that little aspect? Our current lawyer is very bad, we are looking for a new one, so I am trying to find out from the members of this forum - may be someone had similar experience.
 
Asylum has very different rule from other category. I think she can not be derivative asylee as you already got LPR status(you are not on asylee status anymore).
And probably(not 100% sure though), follow-to-join may not work for a spouse of AS6.

You should ask at Asylum section.
 
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