your brother in law need to petition for them and file I-730 follow to join after approval they can file for green card

@vi_34567 345 ok they have to file I-730 first, it doesn’t matter they are inside? if yes after filing I-730 they have to wait until approve for apply green card? Thank you for your response

yes I’m also a I-730 beneficiary and we apply while I was inside the country after they apply and approve I-730 you can apply for green card right away I waited 17 months for I-730 approval but once they approved they send you a work permit with no cost and unrestricted ssn

@vi_34567 345 t ok thank you

Be guided by your lawyer! I have never heard of the need to file I-730 for derivative in the US. If asylum is granted, all the derivatives under that application are granted asylee status. When filing for the AOS, there is a section on the I-485 form where you put the details of Principal Asylum Applicant through which you derived status.

@LN Asylee first question is - were they granted asylum as well or no? If not, then your brother in law needs to file i730 for the kid and the wife. Once i730 is approved then they are considered derivative asylees! That process can take a while! I filed i730 for my wife and daughter who both are in the USA about 14 months ago and it is still pending! If they were in one case then that means they all got asylum and can apply for i485 for GC. so the question is were they granted asylum together or not?

@LN Asylee Did your brother in law get asylum in court or USCIS?

@Dahna B-rightful 🇯🇲 🇺🇸 ❤️ I taught that too, I-730 is for outside. My brother in law talked with an attorney and he said because derivatives are inside, he can request from uscis their I-94 and then wait 1 year to apply I-485. I don’t know each people said different. Do you have experience with that?

@A K from uscis, my brother in law came with visa, his case was asylum affirmative and approved by USCIS agent. They are married in 2010 and yes they are on the I-589 asylum application

@LN Asylee did your sister go to the interview with her husband? was she and the child issued i94? also what happened to your sisters asylum case? is it in USCIS or court?

the difference is if your brother inlaw got asylum as a defense of deportation( in court ) then he needs to apply for i730 even if they were in the application. if he applied and won for affirmative asylum (with uscis ) then they should be granted asylum automatically when he won his case .

@A K yes my sister and my nephew went to the interview but they stayed outside. My sister asylum is in court because they came here through the Mexico border. The only one came here with visa is my brother in-law and his asylum approved

@Saúl o my brother in-law got asylum granted by USCIS

@vi_34567 345 your husband asylum approved by court or uscis? I asked you because you was inside and you still applied I-730 ? My brother in-law won asylum by USCIS, I need to understand if she should apply I-730 too

@LN Asylee my husband won asylum in court but we married years after he submited asylum that’s why I was not included on the asylum application so after he won he filed I-730 and yes I was already in the USA

I-730 its following to join it doesn’t matter if you are inside or outside the USA but I did come here legally on a visa I didn’t just cross the border

@LN Asylee I think your sister and nephew didn’t get asylum because they’re cases in court and USCIS doesn’t have jurisdiction. So what needs to happen your brother in law needs to file i730 for both the child and the spouse. It will take some time to approve the i730s I’m not an attorney so take it with grain of salt.

@vi_34567 345 I understand but my sister was included on his I-589 asylum application. We talked with an attorney he said yes they needs to file I-730 but another attorney said NO they're approved automatically because they are in the first application I-589 they just need request their I-94. Now we don't know who trust.

@A K they were granted withholding of removal since 2019 by court. They (sister and nephew) only can't apply for green card but they have all benefits. Now my brother in-law (sister husband) granted Asylum by USCIS and now we have 2 different attorney opinions 😏

if they are already in the US, they should receive a i-94 and work permit. with that they will need to file for i485

@LN Asylee oh damn, they’re cases are not simple. Especially don’t ask advice from non attorneys here please. Immigration law is complex and they should definitely find an experienced attorney for their case.

@LN Asylee if they were included in the initial I-589 they just need to make an appointment with uscis to get their I-94 they have asylee status when you were granted asylum !!! no need to file I-730 just get the I-94 work permit for identification and to make life easier then apply for I-485 at least 6 months after asylee granted date !!! congratulations

@LN Asylee Sorry for the delayed response! What does the Approval Notice show? If they were getting " all the benefits" it simply means they had asylum pending status as well!.

when he get Green card and he will became US citizen than she will cancel her asylum status than her status will be stop after that husband add them to join family status I’m not sure what was the status name I had 2 friends had same it take years

1st, if your sister and nephew got asylum granted by USCIS, their immigration status turned to legal status based on asylum not on withholding of removal. 2nd, they should have their own i-94 approval letter with i-797 notice. And based on this letter they can apply i-485 directly. But I strongly recommend you contact Immigration Attorney Theodore N. Cox in New York City, whose article publicated in 1980s was quoted by Supreme Court later if I remember nothing wrong on this. He also taught immigration law I. City University of New York before. I think even a calling advice from him is also useful to your sister family. He helped me got asylum granted on 2023.

@Jonathan J @A.K-47 47 @Sarah nahhh @A K thank you guys they are already applied I-730 and received their notice. They hired a lawyer and the lawyer sent the application 2 weeks ago and they already received Receipt Notice yesterday.

@Dahna B-rightful 🇯🇲 🇺🇸 ❤️ my sister and nephew was granted Witholding of Removal, not asylee. But now, her husband (my brother in law) granted asylee and applied I-730 for them to join him as a derivative.

@LN Asylee got it. When I-730 gets approved that means they will get asylum status. I filed for my wife and kids i730 14 months ago and it is still pending. Good luck!

Wish your sister family have a good news this Christmas season. I think their Withholding of removal status should be covered by Asylee status on approved i-730 letter notification.

@Jonathan J I received the wishes for them in the name of Jesus, thank you 🙏. Yes, with the I-730 approval the removal withholding will close. thanks again

@A K @Jonathan J @ update: they’re (sister and nephew) received biometric appointment for next week. I hope the I-730 work fast for them