I am an F1 student and I got married to an asylee while his case was pending. Just after our mariage he received asylee approval. So I didn’t get enough time to be added to his case instead he petitioned a derivative asylee for me . It has been 3 months, since I received the receipt from USCIS. My question is how long the procedure will take? My F1 is about expiring and would like to know if I remain lawful if my application still pending. Also can I work while it still pending?
It may take up to a year to obtain a derivative asylee status based on USCIS Form I-730. You are not authorized to work before you get approved and formally become an asylee. You can legally remain in the U.S. while the application is pending, but you are cannot work legally.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 25 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
The processing information can be found online @uscis.gov
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