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Asylee- AOS of Derivative Son

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  • Asylee- AOS of Derivative Son

    Hi Dear Readers'

    I have a question to ask.Can an asylee who will be eligible to file AOS papers (PR) for himself next month, can also file AOS papers for his son whose's I-730 is not yet approved but still pending?
    The son is in F-1 status currently with OPT EAD expiring in Aug 06. Will his son will be considered as Out of status in case he does not get his approval of derivative asylee status.
    I will appreciate any comments.

  • #2
    Hi Dear Readers'

    I have a question to ask.Can an asylee who will be eligible to file AOS papers (PR) for himself next month, can also file AOS papers for his son whose's I-730 is not yet approved but still pending?
    The son is in F-1 status currently with OPT EAD expiring in Aug 06. Will his son will be considered as Out of status in case he does not get his approval of derivative asylee status.
    I will appreciate any comments.

    Comment


    • #3
      Thanks u to 29 viewers who have read the post, may be some one post any reply.

      Comment


      • #4
        Hi vito,

        no reply usualy means people are not sure what to answer...

        Since when is son's I-730 pending?

        I would GUESS that son can't apply for AOS without being first approved for derivate asylee status.

        Comment


        • #5
          Thank u Aneri,

          I agree with u. Son's I-730 is pending since 08 Sep 05. They are processing receipt dated 25 Aug 05. However, since last three months processing date has not moved up. I am worried that if it is delayed further he might be out of status because his OPT EAD is expiring Aug 06.
          That is the reason I want to know what alternative action is available in this situation.

          Thanks again Aneri.

          Comment


          • #6
            Aneri,

            Ome more question since his i-730 is pending and he has receipt numbe.Does it mean he remains in status till a final decision is made in his case?
            Any comments on this?

            Thanks

            Comment


            • #7
              There could be many possible scenarios, and it would best if the parties invloved consult a lawyer about their options.

              Overstay will not hinder getting asylee status.

              Comment

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