Follow-to-Join question

wantmygcnow

Volunteer Moderator
Does anyone know if asylum based GC who got married before they became permanent residents can bring their spouses as follow-to-join? Or follow-to-join is valid only for certain class of LPRS who got married before getting LPR status?
 
Does anyone know if asylum based GC who got married before they became permanent residents can bring their spouses as follow-to-join? Or follow-to-join is valid only for certain class of LPRS who got married before getting LPR status?



No it does not work for asylees.
 
Follow to join does not work for us, otherwise my wife was here. The answer is I-730 or something else (AOR) that you can file behalf of your wife and she has to go to another country, and wait there till US gives her an interview.
It is available for certain countries residents.
 
I just read on the USCIS website that you can bring your spouse and children under 21 years on a "V" visa if you are a LPR. You can apply at any consulate or by filing i-539 form if in the U.S. Your spouse on a "V" visa is also eligible to apply for work authorization.
 
Follow to join does not work for us, otherwise my wife was here. The answer is I-730 or something else (AOR) that you can file behalf of your wife and she has to go to another country, and wait there till US gives her an interview.
It is available for certain countries residents.

If you read the law it says all LPRs who got married before with the exception of LPRs who got their status through U.S Citizen relative.
 
??? what that does suppose to mean?

I mean it says all LPRS who got marrried before getting their GC's can apply for follow-to-join for their spouses/kids. The marriage has to take place BEFORE they get their GC. The only exception is that any LPR who got their GC's by being an immediate relative is not qualified for follow-to-join.

I didnt read anywhere where it says asylees are also excluded from this follow-to-join benefits.
 
I mean it says all LPRS who got marrried before getting their GC's can apply for follow-to-join for their spouses/kids. The marriage has to take place BEFORE they get their GC. The only exception is that any LPR who got their GC's by being an immediate relative is not qualified for follow-to-join.

I didnt read anywhere where it says asylees are also excluded from this follow-to-join benefits.

The logics actually works the other way. Where do you find that asylees can get this follow to join benefit? God does not give anybody this benefit. To receive that benefit you need a provision in the law which authorizes it. Unfortunately the law says that:

The Secretary of Homeland Security or the Attorney General, in the Secretary's or the Attorney General's discretion and under such regulations as the Secretary or the Attorney General may prescribe, may adjust to the status of an alien lawfully admitted for permanent residence the status of any alien granted asylum who—


(1) applies for such adjustment,


(2) has been physically present in the United States for at least one year after being granted asylum,


(3) continues to be a refugee within the meaning of section 101(a)(42)(A) or a spouse or child of such a refugee,


(4) is not firmly resettled in any foreign country, and


(5) is admissible (except as otherwise provided under subsection (c)) as an immigrant under this Act at the time of examination for adjustment of such alien.

This by its terms does not authorize any follow to join benefit. Instead it expressly requires an appplicant to have resided in the U.S. after a grant of asylum. If you married someone after your own grant of asylum then she could not have received derivative asylum. So she is not eligible for a green card through your asylum grant.

I wish I could give you a different answer but the law does not allow follow to join benefits.

About twenty years ago an attorney tried to make the argument you are making here and he was not successful.
 
Asylees actually have follow to join benefits--if the marriage or birth takes place before the asylum grant. There needs to be a cut off somewhere and for refugees/asylees Congress decided that the cut off should be the date of asylum grant or refugee admission to the United States. A logical choice but it just does not work out in your particular situation.
 
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V visa inquiry

Hi everybody,

I want to know if the "V" visa law is still in effect because I was looking at the USCIS web site and it is there. I was hearing from wantmygcnow there was something in congress that had to renew it but they failed to renew the law regarding "V" visa. thank's for your input








??? what that does suppose to mean?
 
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Hi everybody,

I want to know if the "V" visa law is still in effect because I was looking at the USCIS web site and it is there. I was hearing from wantmygcnow there was something in congress that had to renew it but they failed to renew the law regarding "V" visa. thank's for your input

V visa is valid if you are LPR and applied for your spouse in 2000 & nothing more.
 
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