please suggest

[RENUBHUSAL]

Hi,
I am from Nepal and have been living in Texas for the last 12 years. I have a pending asylum case, since January 2013. I haven't got any result of my asylum interview, yet.
My husband is here now in the USA with his green card. He arrived here on May 2017. He got his Green Card through his sister's petition. Now I want to adjust my status based on his Green Card. What are the steps that I should take adjust my status from " Pending Asylum applicant" to a " Permanent Resident" ? Please advise.

thanking you.

[inadmissible]

I am skeptical that you can adjust your status to that of a permanent resident on the basis of your marriage to a permanent resident

For one thing, immigrant visas become available to spouses of permanent residents only 2 or more years after an immigrant petition is filed

Furthermore, one has to have maintained visa status continuously since their last admission to adjust their status on the basis of a family immigrant petition, other than that of an immediate relative of a US citizen, which you are not

[newacct]

Hi,
I am from Nepal and have been living in Texas for the last 12 years. I have a pending asylum case, since January 2013. I haven't got any result of my asylum interview, yet.
My husband is here now in the USA with his green card. He arrived here on May 2017. He got his Green Card through his sister's petition. Now I want to adjust my status based on his Green Card. What are the steps that I should take adjust my status from " Pending Asylum applicant" to a " Permanent Resident" ? Please advise.

thanking you.

If you were married to him before he became a permanent resident, then you can immigrate as his derivative beneficiary, and he doesn't need to petition you separately.

But the problem as inadmissible mentioned is that you are not eligible for Adjustment of Status in a family-based category that's not the immediate relative category, because you are (we are assuming) out of status.

The alternative to Adjustment of Status is Consular Processing abroad, but leaving the US will trigger a ban if you have accrued more than 180 days of "unlawful presence" since your last entry. Determining how much "unlawful presence" you may have is complicated, but in general you start accruing it after the date on your I-94 (if there was a date instead of D/S), but you do not accrue it while under 18, while under DACA or TPS, while a pending asylum application was pending, etc. If you have enough "unlawful presence" to trigger a ban upon leaving the US, you may want to try to for a provisional waiver with I-601A based on "extreme hardship" to your permanent resident husband, before you decide whether you want to leave the US to pursue consular processing.

[a1be]

Multiple Applications

Although I'm not 100% certain, I believe you don't have to "switch" applications. You can apply in multiple categories, at least in general. However, your case is fairly complex due to the possibility of the ban, inadmissability, etc etc. I would either hire a lawyer, wait it out, or be prepared to do a lot of legal research yourself.

Hi,
I am from Nepal and have been living in Texas for the last 12 years. I have a pending asylum case, since January 2013. I haven't got any result of my asylum interview, yet.
My husband is here now in the USA with his green card. He arrived here on May 2017. He got his Green Card through his sister's petition. Now I want to adjust my status based on his Green Card. What are the steps that I should take adjust my status from " Pending Asylum applicant" to a " Permanent Resident" ? Please advise.

thanking you.