Legal Question in Immigration Law in California

My husband has a green card now and we been married since 13 yrs but I overstayed my visa. I came to the United States on F2 visa. Since he has his green card, I filled I130 and it is approved. So what is the next step should I take? The main thing is I applied for asylum 2 years back which is in the court.I file PD and granted since my husband got green husband is not a citizen yet, so how to solve this case? How to get green card based on my husband's green card?

Asked on 8/07/13, 3:41 am

2 Answers from Attorneys

Michael Cho Law Offices of Michael Cho

The priority date for spouses of permanent residents is current as of August. You should be able to go ahead and file for your adjustment of status assuming all other legal requirements are met.

You may find information on the adjustment of status process here:

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Answered on 8/07/13, 5:08 am

Marlene Hemmings Marlene Hemmings, Attorney at Law

I am not sure what prompted you to file for asylum if you were married to a Legal Permanent Resident (who could arguably have become a U.S. citizen & petitioned for you long ago).

If you are still under the jurisdiction of the Immigration Court (EOIR), then you should contact the attorney who represented you/is representing you with your asylum claim. Hopefully you can withdraw the application for asylum & file for adjustment of status with the Court (assuming your priority date is still current at that time).

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Answered on 8/07/13, 12:26 pm

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