I entered the country on a valid visa
my spouse's company is filing his green card (EB2) can they file for my Green Card? I have not appeared yet for asylum interview as my case was transferred, and i have not received interview date for a year. My spouse has H1B currently, and i got married after i filed for asylum.
Employment / Labor Attorney
I guess you can be your spouse's dependent. If you can adjust your status will depend on how many days you were out of statuts here, if any....
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You may be eligible to be derivative to your husband's application. Please be sure not to confuse unlawful status and unlawful presence. While your I-589 asylum application has been pending, you have not been accumulating "unlawful presence". You have been accumulating unlawful status since your valid visa expired (assuming it did). If that period of unlawful status is greater than 6 months, then you have a problem. You should consult with an experienced immigration attorney.
You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.
3 lawyers agree
Yes, if you are in status.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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