Legal Question in Immigration Law in Virginia

I got married while my asylum application was still pending. Two months later, I received "asylum granted" letter and I-94.

Can I still petition for a derivative status [I-730 form] for my wife ?

In other words, Does marriage need to exist at the date of filing for asylum or at the date of the grant of the asylum for the spouse to be eligible for a derivative-asylum status application.


Asked on 9/09/10, 2:23 am

1 Answer from Attorneys
Caridad Cardinale Pastor & Associates, P.C.

Based on what you state, you should be able to file the I-730 within 2 years after the grant. Though, I would recommend doing it as soon as possible. There may be other issues regarding your spouse including any prior removal proceedings. Please email us at [email protected]

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Answered on 9/14/10, 6:41 am


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