derivative green card and Processing opinions

cirema

New Member
First off , let me say how i love this forum for its wealth of information.
This is my situation. I am an asylee and am about to apply for the GC. Under the old law with the cap, spouses of asylees (who are not derivative asylees because not married at the time of asylum application) could not get a derivative GC for obvious reasons (only 10 000 GC available).
Now that the cap is off, I see no reason why spouses of asylees could not get a GC like DV applicants do?
Does anybody have some thoughts about this or ,even better, some information on if it is legally possible?
I really think that this could be a very interesting venue to pursue for us.
In addition, I wanted to comment on the ongoing debate about the speed of processing that INS will use to process our applications. After thinking about it, i have come up with these observations:
1) INS is a huge administration that is slow to move if it has not incentive to do so.( Doing the right thing is not a incentive for bureaucrats)
2) AILF stated that at least 61000 thousand will be processed in the following 3 years. This number is encouraging but nevertheless insufficient because it does not offer any guarantees after that.
3) I believe it is safe to assume that if they can process 30 000 GC a year for 3 years, that number should be the minimum that we should expect.
4) In addition, I disagree with people who compare our situation with the refugee category. It's not because the refugees have these dates that we are to have the same situation. This is due to the fact that refugees and asylees are different in two crucial ways:
- There is more refugees than asylees that are applying. So this alone could explain the delay.
- And, once refugees get their green card, it is backdated to the time of their arrival which constitutes an incentive for INS to take their sweet time. We dont have that luxury.
5) With all that said, I have two ideas that could help our situation if either or both were implemented:
- Backdate our green cards to the time we were granted our asylum status. It would be a fair thing to do because we too want to join the american society as full fledged members as soon as possible.
- Establish an amount of application fee that would ensure speedy processing. I know a lot of my friends would be willing to dole out more money if that would ensure faster processing.(Keep in mind that this is not my favorite idea in the world but since we cant vote, we dont have the political clout to influence the INS). In my opinion, money is a very big incentive and would likely ensure speedy processing.

These are my thoughts on the subject. feel free to comment or critique them. Any input would be helpful
 
cirema said:
.....Under the old law with the cap, spouses of asylees (who are not derivative asylees because not married at the time of asylum application) could not get a derivative GC for obvious reasons (only 10 000 GC available)...............
I think the old cap is not the reason for a "not derivative" spouse not getting adjusted....where did you read that???
 
It was not written in the law or anything like that. However, it is safe to assume that with only 10 000 GC available for asylees, they would not allow derivative status for spouses who were not married at the time of the application. i think it's a shame that they did not change the law at the same time that they removed the cap.
 
interesting topic. I'm in that shoes. I just got my GC, and don't know what to do with my wife status. She is here on F-1. To wait untill Feb 2009 is just crazy, but I'll have to do it. I might file petition for relative alien, but that takes 4-5 years too. :mad: If you find something out regarding this or if there is a temporary loophole, let us know so we can exploit it.

Thanks
 
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