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I granted an asylum status in 2009 and bring in the US my wife and son as derivative asylum but till now I am not applied for my green card. But now I am thinking of applying for green card the problem is my wife and my son didn’t yet complete their immunization record it will take time to complete that so I am thinking of applying for myself because my medical record is completed and ready to apply. My question is if I apply for myself right now can they apply later as derivative asylum, is their status will not change because mine is going to change when I adjust my status?Thank you very much.
Optional Information: State/Country relating to question: California
Hello! And thank you for your question! While we are working together, I also may be working with other customers, so you may experience delays. Please be patient as we work through this process - your questions WILL be answered in the order they are received.Also, Experts and Professionals do not get credit for helping you unless you rate them. During this process, I might provide an answer, but you may require clarifications or have follow-up questions. If you do, please do not rate my response. Instead, please click "REPLY" or "CONTINUE CONVERSATION" to ask your follow up questions.Please remember that the ratings are based on my EFFORTS to help you, not on the outcome of your question. I cannot control the outcomes, as I do not make the law. So please do not rate the outcome of your question.Again, please remember that a rating is the only way we get credit for working with you, so it is very important that you give a rating.Please answer ALL of the following:1. Do you understand the Just Answer ratings system?2. Do you understand what Just Answer ratings are based on?3. Where are your wife and child now?Longhorn Lawyer41092.828603206
1. Yes, I understand2. Yes, I understand3. My wife and my child are in USA they have been here since March, 2011.
QUESTION: My question is if I apply for myself right now can they apply later as derivative asylum, is their status will not change because mine is going to change when I adjust my status?ANSWER: If you apply for and get your green card before your wife and child get their derivative status, they will no longer be eligible for derivative status. If you want them to get derivative status, you should wait to apply for your green card.I hope I have answered your question. Please remember to rate my efforts (and not the outcome), so that I get credit for working with you. If you require clarification or follow-up questions, please do not give a rating. Instead, please click "REPLY TO EXPERT" or "CONTINUE CONVERSATION."Also remember that I do not write the law, so please don't give me a low rating just because you do not like the result.Also consider leaving a BONUS - it is much appreciated.Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyerThank you!
I think you don't understand my question what I am asking is my wife and child are already get their derivative status because they used to live in another country and I petitioned them based on my asylum status and now they are here in the USA, therefore based on this they got their derivative status. My question is I can't apply green card for all of us right now because they are not yet completed their immunization, therefore if I apply for green card for myself are their status will change because my status is going to change, once I received my green card I think I am not no longer an asylee. After this how will they get their green card because I am not no longer asylee they are no more derivative asylee.
Thanks for the clarification. But once you become a green card holder, you no longer are an asylee, and therefore, your spouse and child are no longer derivatives. It is better to wait, and everybody applies for the green card at the same time. I hope I have answered your question. Please remember to rate my efforts (and not the outcome), so that I get credit for working with you. If you require clarification or follow-up questions, please do not give a rating. Instead, please click "REPLY TO EXPERT" or "CONTINUE CONVERSATION."Also remember that I do not write the law, so please don't give me a low rating just because you do not like the result.Also consider leaving a BONUS - it is much appreciated.Finally, if you have any future immigration or TSA related questions, put "TO LONGHORN LAWYER" in the subject line or the beginning of the question, or go directly to my profile to ask your questions: http://www.justanswer.com/law/expert-longhornlawyerThank you!
Experience: Experienced in all aspects of immigration and nationality law.