The immigration law that governs asylees is clear when it comes asylee adjustment status. I have copied the provision that governs it. I am sure every asylee who asked asylee status in the United States and was granted under section 208 of the act, when this asylee gets his greencard approved regardless of how many years it was pending they normally backdate it only one year. For example, if you were granted asylum in 1999 and you applied for greencard in 2000, if it is approved in July 06, they will backdate it july 2005. I am not sure the case of you wife's case. It may be positive that you petitioned your wife overseas and she was admitted legally in this case her greencard may be bacdated as of the date she was admitted as refugees.
Let me know. If your wife was granted asylum status in the US whether she was primary applicant or secondary, they will backdate only one year. so let me know where your wife the status.
Sec. 209. [8 U.S.C. 1159]
(a)(1) Any alien who has been admitted to the United States under section 207 -
(A) whose admission has not been terminated by the 2/ Secretary of Homeland Security or the Attorney General pursuant to such regulations as the 2/ Secretary of Homeland Security or the Attorney General may prescribe,
(B) who has been physically present in the United States for at least one year, and
(C) who has not acquired permanent resident status, shall, at the end of such year period, return or be returned to the custody of the Department of Homeland Security 2/ for inspection and examination for admission to the United States as an immigrant in accordance with the provisions of sections 235, 240, and 241.
(2) Any alien who is found upon inspection and examination by an immigration officer pursuant to paragraph (1) or after a hearing before an immigration judge to be admissible (except as otherwise provided under subsection (c)) as an immigrant under this Act at the time of the alien's inspection and examination shall, notwithstanding any numerical limitation specified in this Act, be regarded as lawfully admitted to the United States for permanent residence as of the date of such alien's arrival into the United States.
(b) 1/ 3/ 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. Upon approval of an application under this subsection, the 3/ Secretary of Homeland Security or the Attorney General shall establish a record of the alien's admission for lawful permanent residence as of the date one year before the date of the approval of the application.
Pay attension section #5
Anyone has this kind of experiences????????