Published on Lawyers.com and the Epoch Times on January 6, 2017

Q & A.

Applying For A Green Card 9 Months After Being Granted Asylum

I know that an asylee can apply for a green card one year after being granted asylum if he/she was physically present in the USA during that period of time. But I heard from different people and lawyers that an asylee can already send the I-485 form 9 month after being granted asylum. Is that true or not? I already know some people who applied after 9 month and were granted a green card. Is it depended on the immigration officer reviewing your I-485 form or something else? If the one year period is mandatory how could some people apply after 9 month and get their green cards?

Mr. Lee answers:

It is mandatory under US law that an individual be in the US for one year physically before he or she is allowed to apply for an I-485 adjustment of status under the asylum category. I do not know how individuals would be able to successfully apply after only nine months. 

H-4 EAD Question

I am on H-1B(with approved I-140) and my wife is on H4, she got the H4-EAD three weeks ago per the latest H4 EAD rule. My priority date is now current so I can file the I-485 for me and my wife. How do I go about making sure that my wife gets the I-485 based EAD and does not stay on the H4-EAD. I understand that she cannot have two EADs but I prefer that she be on the I-485 based EAD rather than the H4-EAD.

Mr. Lee answers:

You are correct that your wife cannot have two EAD's at the same time. To us, an EAD is only for working and one EAD is as good as another in many cases. I do not see the advantage of an EAD acquired through having applied for adjustment of status as opposed to your wife's present EAD under the H-4 category. It may just as be as well for your wife to continue under her present EAD, and then to apply for another EAD under the I 485 filing when the present one is four months from expiring. 

Add My Son to My Case

Base on visa bulletin my case has been reached. Now I have a one year old child and I would like to add him to my case but I do not know to which address of NVC should I send his information. I mean I do not know to send his birth certificate to NVC attn WC or to NVC attn DC. What is difference between this two?

Mr. Lee answers:

Whether you put an inquiry to the  NVC to the attention of the WC or DC, it will undoubtedly be routed to the right section and person. Just make sure that you get the address correct. 

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The information provided here is of a general nature and may not apply to any particular set of facts or circumstances. It should not be construed as legal advice and does not constitute an engagement of the Law Office of Alan Lee or establish an attorney-client relationship.