GC through employment and asylum

Asked over 2 years ago - Oakland, CA

Before I get political asylum in USA I got married, so soon I with my hasband be able to apply for a Green Card. Now Im waiting one year. My husband is H1b visa holder, currently working in USA. He got offer from his company to get GC through employment (right now his documents ready for Rerm).
My question is: if any chance he get Rfe or anything else..Could he apply for GC through asylum like my husband or not?

Attorney answers (4)

  1. J Charles Ferrari

    Contributor Level 20


    Lawyers agree

    Answered . There is alway a chance of receiving a Request for Evidence in any immigration matter.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Barbara Ann Williams

    Contributor Level 9


    Lawyers agree

    Answered . Because you are dealing with two very different areas of law, you are best advised to consult with an experienced immigration attorney who can take the time to help review your options under both the asylum and employment based green card aspects. Unfortunately in this unstable economic climate, an RFE for employment based cases is quite common.

  3. Eugene J. Glicksman

    Contributor Level 17


    Lawyers agree

    Answered . You need to consult with an experienced immigration attorney who can review your history fully. Because of your asylum history and your husband's H1B, there are specific matters which need to be reviewed, and should not be done on a public forum like AVVO. Make an appointment to spaek with an attorney in the orivacy of his/her office so that your situation can be properly assessed and you can get propoer advice.

    Good luck!

    This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. A... more
  4. Wendy Renee Whitt

    Contributor Level 15


    Lawyers agree

    Answered . You need to consult with an attorney to find out whether you are or will be eligible to help your husband obtain permanent residency based on your status. He will need to work closely with his company's attorney regarding the perm process, which is lengthy and complex.

Related Topics

Green cards

A green card is a legal document which provides proof that the owner is a lawful permanent resident of the United States.


Asylum is a form of protection offered to people who fear persecution in their home country and are in the United States or an entry port.

George Tenreiro

The Basics on Applying For Asylum

The asylum process requires thoughtful analysis, together with supplementary materials that reinforce the strength and credibility of one’s application. Applicants should work with an... more

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