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14 yrs in US; US University degree, worked on H1b, became out-of-status in 2008 recession and now in TPS
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Will a TPS holder from Nepal be allowed to apply for Green Card along with her husband if her husband is an Asylee and she was out-of-status prior to getting TPS ?
I-485 instruction says: "Asylee derivative applicants may file Form I-485 with the principal applicant".
I'm not sure if it is true for this case.
Please advise.
Thank you all.
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ask an attorney...like murthy.com (that's all I know from past experience)....instead of hanging your future on sajha thread.....??
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Of course, you can. The 3 year and 10 year ban doesn't apply to asylees and derivative asylees. First, you need to obtain derivative asylee status by filing form-i730. After one year of being on that status, you can apply for adjustment of status.
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As long as TPS status is valid, she can file for GC. GC under EB2 takes almost 2 to 2.5 years if not delayed. That means, she has almost 21 months left if TPS is extended for another 18 months. Finger crossed but lets expect the TPS will extend for the next round as well. If it does not extend, govt will anyway provide some time before it gets terminated. So, better start ASAP to file GC based on TPS. If think Eb2 and Eb3 are both current. File I-140 PP to save time.
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furke & neerman, you don't know what you 're talking about. mahamanavta is asking about adjustment of status for his wife who was in illegal status for years. The husband got asylum not his wife. And she s not working.
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You can file i730 for derivative asylee if you were married when he was granted asylum if not then you have to wait for him to be eligible as a pr or a citizen. I am not a lawyer ask a lawyer.
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as ehh02 stated, you can only file derivative if you were already married when he was granted asylum. If not , its a long wait game for him to be GC holder or citizen.
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Thank you all for your helpful suggestions. They were married before husband got asylum but it's hard to prove it. What kind of proof will USCIS accept to show that they were married before the approval date ?
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What do you mean by its hard to prove it? The date on the marriage certificate and the date on the asylum approva document???
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They didn't make marriage certificate. Is there any other way to prove it ?
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If you didn't do court marriage here in usa, you can make one fake marriage certificate from nepal.
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