What to do if I was on OPT when I applied for my asylum and I requested for rescheduling my interview yet it’s been an year but I haven’t gotten my asylum interview date?

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What to do if I was on OPT when I applied for my asylum and I requested for rescheduling my interview yet it’s been an year but I haven’t gotten my asylum interview date?

Ihad 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. 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 December 6, 2012 under Immigration Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I suggest that you consult with an immigration law attorney to assist you in your matter with your desire to get your political asylum status. In answer to your question you should be eligible to get your green card through your wife's parallel asylum case. Before dropping your asylum case, I suggest that you consult with an immigration law attorney to assist you in your matter.


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