When can a derivative asylum apply for adjustment of status?

W

whipped

Registered Users (C)
Here is our situation:

Husband was granted asylum in the US a year ago. He applied for derivative asylum for his wife, who was living overseas. She just arrived in the US as a derivative asylee. As of right now, husband is eligible for a green card since he has been living in the US for one year continuously. Can he apply for a green card for his wife as well based on his continuous presence in the US?

Another question: any green card application requires certified medical examination in a sealed envelope. His wife had a medical examination overseas before arriving to the US. At the port of entry, all her documentations including the sealed medical records envelope was taken away by an officer. Can she apply now for a green card without providing the sealed envelope due to the fact that in this sense she was cleared at the border?

Thank you!
 
whipped said:
Here is our situation:

Husband was granted asylum in the US a year ago. He applied for derivative asylum for his wife, who was living overseas. She just arrived in the US as a derivative asylee. As of right now, husband is eligible for a green card since he has been living in the US for one year continuously. Can he apply for a green card for his wife as well based on his continuous presence in the US?

Another question: any green card application requires certified medical examination in a sealed envelope. His wife had a medical examination overseas before arriving to the US. At the port of entry, all her documentations including the sealed medical records envelope was taken away by an officer. Can she apply now for a green card without providing the sealed envelope due to the fact that in this sense she was cleared at the border?

Thank you!
Click to expand...

Derivatives file concurrently with the principal asylee.

8 CFR § 209.2 Adjustment of status of alien granted asylum.

The provisions of this section shall be the sole and exclusive procedure for adjustment of status by an asylee admitted under section 208 of the Act whose application is based on his or her asylee status.

(a) Eligibility. (1) Except as provided in paragraph (a)(2) or (a)(3) of this section, the status of any alien who has been granted asylum in the United States may be adjusted by USCIS to that of an alien lawfully admitted for permanent residence, provided the alien:

(i) Applies for such adjustment;

(ii) Has been physically present in the United States for at least one year after having been granted asylum;

(iii) Continues to be a refugee within the meaning of section 101(a)(42) of the Act, or is the spouse or child of a refugee;

(iv) Has not been firmly resettled in any foreign country; and

(v) Is admissible to the United States as an immigrant under the Act at the time of examination for adjustment without regard to paragraphs (4), (5)(A), (5)(B), and (7)(A)(i) of section 212(a) of the Act, and (vi) has a refugee number available under section 207(a) of the Act.

If the application for adjustment filed under this part exceeds the refugee numbers available under section 207(a) of the Act for the fiscal year, a waiting list will be established on a priority basis by the date the application was properly filed.
 
The derivative must have been in the US for one year as a derivative asylee. The husband's residence period is not relevant for this purpose.
 
Question about your wife Derivative Asylum

whipped said:
Here is our situation:

Husband was granted asylum in the US a year ago. He applied for derivative asylum for his wife, who was living overseas. She just arrived in the US as a derivative asylee. As of right now, husband is eligible for a green card since he has been living in the US for one year continuously. Can he apply for a green card for his wife as well based on his continuous presence in the US?

Another question: any green card application requires certified medical examination in a sealed envelope. His wife had a medical examination overseas before arriving to the US. At the port of entry, all her documentations including the sealed medical records envelope was taken away by an officer. Can she apply now for a green card without providing the sealed envelope due to the fact that in this sense she was cleared at the border?

Thank you!
Click to expand...

Hello Whipped.
Please, can you tell me, with some details , how long it take to get derivative asylum for your wife?.
I just get my asylum approval this month and i want to bring my wife and children with me. But some people tell me that after you get the I-730 approval it will take us 5 month more to get them here.
Thank´s in advance ,
Linuxca
 
I-730 Derivative application for children oversea! Urgent!!!

I am in the same boat: I and my wife have been granted asylum in July 2011. We applied a derivative petition for our children, who are oversea, in our country. The application is still pending and we haven't heard anything yet, besides the fact that we were fingerprinted. So, the question is - how long it is going to take to get I-730 to be approved and what else after the approval?

Please, guys, if you have any information on that, share with me. Appreciated!
 
You must log in or register to reply here.
Top