Legal Question in Immigration Law in California

i was on OPT when i applied for my asylum, but i requested for rescheduling my interview and its been an year i haven'y got my asylum interview date. i had included my wife on my asylum application. my wife recently got her H-1 approved for 3 years, while i am under asylum's protection since my OPT expired recently. now my wife's employer is willing to apply for her green card. my question is am i eligible to get my green card through her parallel to my asylum case still active. or do i have to drop my asylum case first, if so will i not be out-of-status for a while then. what would you advice under such scenario.


Asked on 12/06/12, 5:27 am

1 Answer from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

Do not drop your asylum application; apply for H4 visa; then ask to be included in your wife's green card application.

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Answered on 12/06/12, 7:23 am


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