Hello. I came to US for work (L1 visa), met my future wife, we got married almost 2 years ago. She has asylum case pending, waiting for interview. She came to the US with B2 and applied for asylum before her visa expired. This year my company initiated Green Cards for me and for her (as my dependent) - Employment based adjustment of status. I got my green card and my wife got denial notice. The ground for denial indicated in the received notice is based on the fact that she was present in the United States contrary to law and ask my wife to depart US as soon as possible. This is incorrect. She has never been illegal in country. She has A-number, EAD with C08 category, SSN, etc. ... Is there any chance she can get green card as dependent of employment-based primary ? We have already submitted I-290B... But it's very confusing...and so stressful for our family
1 Answer from Attorneys
That decision should be appealed and her adjustment should be made to that IJ.