ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE



The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
1995-
ILW.COM,
American
Immigration LLC.

Results 1 to 8 of 8

Thread: What will be the status?

  1. #1
    dear reders,
    My son whose OPT will expire soon has a pending petition I-730 (Derivative Asylee).He stays in status upto two months after expiry date of OPT.
    Now in case he does not get the decision on his petition even after the expiry of the two months period what will be his status then?
    In other words, if a petition is pending does it keep the status legal or otherwise?

    Thanks

  2. #2
    dear reders,
    My son whose OPT will expire soon has a pending petition I-730 (Derivative Asylee).He stays in status upto two months after expiry date of OPT.
    Now in case he does not get the decision on his petition even after the expiry of the two months period what will be his status then?
    In other words, if a petition is pending does it keep the status legal or otherwise?

    Thanks

  3. #3
    Yes, he will remain in legal status while his petition is pending.

  4. #4

  5. #5
    Thank u Mpodcsin.

    I appreciate ur reply. Can u please give some reference of USCIS/ anyother agency's rule in this regard. My son has to show it to his employer.

    Thanks again.

  6. #6
    I am positive. As a matter of fact it doesn't matter what status he is in when applying for Asylum.

    "Asylum may be granted to people who are arriving in or already physically present in the United States. You may apply for asylum regardless of your immigration status, whether you are in the United States legally or illegally."

    Here is the link on info about asylum:

    http://www.uscis.gov/graphics/servic...q.htm#howapply

    "If your child or spouse is already in the United States, they may be eligible for settlement as a refugee, regardless of whether they are in the country legally or illegally."


    Here is the link about Derivative Refugee Status:

    http://www.uscis.gov/graphics/howdoi/derref.htm

    I hope it answers your question.

  7. #7
    Hi mpodcsin,

    Thank u again. The links are realy informative. I indeed appreciate ur help.

    GOD bless u

  8. #8
    You are welcome!

    GOD bless you too!

    And good luck!

Similar Threads

  1. Greencard holder's spouse status compared to H1 holders status
    By Fatinkc in forum Immigration Discussion
    Replies: 4
    Last Post: 01-13-2006, 01:53 PM
  2. Replies: 5
    Last Post: 08-16-2004, 09:50 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: