Question for Granted Asylee\'s Wife

MJU73

Registered Users (C)
Hi Jack,

I have one question to ask you. My husband just received interview letter from INS his adjustment status after granted asylum in 96. I am H1B visa holder and we got married in April-2001.

We are hoping that he gets his green card in next few months then what kinda benefit I can get ?

Can he apply EAD for me ? How long does it take ?

What is you opinion about this ?

Shall I go through my employer or my husband files my GC ?

I will really appreciate your time if,you can through some suggestions ?

Regards,

Manju
 
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Manju, Thanks for posting you message. It provides some relief to us, because it means that INS is moving along. Could you please tell us what month and year your husband filed his I-485 to adjust to Permanent Resident Status? This is a valuable information for all of us.
As for your questions, these are my comments:
Maybe not in the next few months, but certainly that interview citation is a good new and you are getting closer to the end of the tunnel. Hopefully, they will stamp your Resident visa or the worst scenario would be the well known story that there is a 10000 quota limit for these visas and you have to wait to be called again for the stamping.
If you do not hold the derivative asylum status you can not get the EAD through your husband\'s status, but once he gets the Residency things might be different. Visit the INS website, there is plenty of information inthere to answer your question.
If that was my case, I would do both: go through employer and spouse\'s GC.
Thanks again, and please respond to my request and share with all of us your husband\'s experience during the interview
 
Thanks Alan

Thanks for your valuable information. He filed his I-485 in April-1998.

Yes,I will share his interview experience with all of you.

I am glad that,have provided valuable info with you guys.

Regards,

Guys
 
Is that a correct date?

Is that correct - he was granted asylum in 96 and filed for GC in April 1998?
If that is tru is tthere some hope for people, who have recipt from September?
Good luck to you and keep us informed.
 
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Thanks so much Manju. April 98!! this is awesome. It means some hope for people that filed in 1998. Thanks again and good luck!!
 
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At this point it is hard to say if there is any hope. I believe that people who filed in September 98 could be called in FY 2002 or in FY 2003 at the worst.
 
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Manju,

 Did your husband file his I-485 at a local district office or sent his application package to NSC?
 I had my interview in March 2001, I-485 was filed in September 1997.
Before I was called for interview I was requested to go to the local Application Support Center for finger printing first. 2 weeks later I received the appointment letter for interview at the local district office.
  Tell your husband to read the interview appointment letter carefully. Remind him to take all the requested documents with him. And if it is not going to be too much financial problem to him I highly recommend that he takes a lawyer with him (But it is not required by law.)
  From what I know every interview scenario is different on individual basis. In my interview they asked me if I have traveled abroad, asked for my EAD and I-94, and finally made me fill out a questionaire that asked questions like "Have I been a member of the German Nazi Party? Ever been accused of War Crimes? Ever been arrested in the United States for any crime or misdemenaor?" I have not travelled outside of US since the day I was granted asylum and I have absolutely flawless criminal record.

   At the end of the interview the IO told me that I need to continue waiting to be called for passport stamping because INA allows only 10K asylees to adjust to LPR every fiscal year. And at the time there was something like 22,000 people infront of me waiting from the previous years. I\'m not going to go into the details, but certain nationalities and individuals are exempt from this restrictions by Presidential Order or by Attornet General\'s recommendation. But 90% of us don\'t fall in that category.

   Anyway, tell your husband that we send our best wishes. And if you think this forum is helpful to you PLEASE come back and post your husband\'s interview experience in here.

Thanks and good luck!
 
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Hi Manju,

 You must first become a derivative asylee of your husband in order to get the benefits in question. If you are not already a derivative asylee please read the following link to learn how you can become one.

http://www.ins.usdoj.gov/graphics/formsfee/forms/files/I-730.pdf

I don\'t know your husband\'s background (such as his nationality, where he filed the I-485, etc.) but if he is just like the rest of us who do not qualify for preferential treatment in regard to asylee adjustment process, I am affraid to give you my opinion that he probably will not get his GC (or passport stamping) for another 1 or 2 years atleast.
What I would like to suggest is that you ask your employers if they are going to sponsor you for EB Green Card. If they are willing to do this, further discuss with them on who will pay for the filing fee + attorney fee. The next step is to go talk to a local attorney who will help you file your EB green card. Ask the attorney how long the whole processing will take. In my humble opinion ( don\'t know for a fact) I think your husband is atleast 1 or 2 more year(s) away from passport stamping.
   Here are some of the additional questions you may like to ask your attorney:

(1) Can your husband, who already has asylee I-485 application pending, be included as a spouse in your EB I-485 application?

(2) How difficult will it be for you to get derivative asylee status? And because I assume that your name wasn\'t included in your husband\'s asylee I-485 application you can ask the lawyer if your name can be added to your husband\'s I-485 application now. If that is not possible can you file for spouse Green Card after your husband receive his green card.

It would be of great help to the others if you can come back here and share the answers after your meeting with the lawyer.
 
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