Can my wife use derivative asylum for green card application?

[schicco]

I got my green card as an asylee, and I am now a US citizen. My wife still has a derivative asylum which was based on my old asylum status. She wants to apply for a green card, what is the best option?

Do I need to petition for her by submitting form I-130 and I-485 or she can use her derivative asylum status to apply directly for a green card?

Do I need to submit I-130 for someone who is already living in the US?
Thanks
Steve

 

[newacct]

If you weren't naturalized, she would be able to do Adjustment of Status based on her asylee status, but once you are naturalized, she can no longer do that. Unless she can somehow get her own principal asylee status, I believe, yes, you would have to petition her as a spouse and she would do Adjustment of Status, by filing I-130 and I-485. Yes, I-130 is needed because it is the basis for her to get permanent residency.

 

[cafeconleche]

Sponsor her as a citizen and she will get permanent residence. Forget the asylum application. It's moot, and she can go about her daily life as the spouse of a US citizen - much easier.

 

[1AurCitizen]

Do I need to submit I-130 for someone who is already living in the US?

Yes, every relative petition begins with an i130 submission.

AND, please keep to one thread per topic. Duplicate threads on the same topic are viewed as spamming.