(This would be a good time to talk with an attorney.). Deciding whether to add dependents on your asylum application and whether to file claims both as a principal and a dependent is a strategic choice. Your IP: 46.242.232.57 Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. It is a good idea to consult with an experienced immigration attorney to help you make this decision. • Officers and judges will review all files before making any decisions and will not make their decision until every principal asylum applicant has been interviewed. In some states, the information on this website may be considered a lawyer referral service. To do so, you’ll need to tell the interviewing officer or presiding judge that you want to include your spouse or children, and the officer or judge can add them to your application. Another way to prevent getting this page in the future is to use Privacy Pass. • If USCIS grants asylum to the principal applicant, all eligible dependents will be granted asylum as well. (See 8 U.S.C. • Do Not Sell My Personal Information, Immigrants Seeking Visas, Asylum, and Green Cards. If one applicant is granted asylum, that person's dependents (those who are not barred from asylum) will be granted as well. Dependents who are "in status" will be listed on that notice as well. You can include dependents on your asylum application up to the time a decision is made on your case. during the asylum interview at the asylum office, make sure to bring your wife with, and have your marriage certificate on hand. Dependents who arrive in the United States after you filed the asylum application can still be included in your application. On the other hand, if you decide after applying that you do not want your dependents to be included in your asylum application, you can ask the officer or judge to remove them from the form. The officer or judge will look at the bars to asylum, including whether the dependent has already been in the U.S. for more than one year. An Asylum Officer will add a dependent to the asylum application as long as the dependent is not in court proceedings. Every applicant who files an asylum application will be offered an interview with the USCIS Asylum Office, whether or not they are also dependents on another application. Therefore, if you are an asylum applicant, and you get married to a US citizen while your asylum application is pending, you may prefer to file for a green card based on your marriage instead of waiting for your asylum case to be approved. To do so, you’ll need to tell the interviewing officer or presiding judge that you want to include your spouse or children, and the officer or judge can add them to your application. Like many who fled their country, you may have brought family members with you. Performance & security by Cloudflare, Please complete the security check to access. This is something to consider if your dependents have themselves experienced or fear persecution on account of their race, religion, nationality, membership in a particular social group, or political opinion. • If your adjustment application is eventually approved by USCIS, and your asylum application is still pending, then you may notify USCIS of your green card approval by sending a copy of the I-485 approval notice and a letter asking to withdraw the application since you are already a green card holder and do not need asylum protection any longer. You may need to download version 2.0 now from the Chrome Web Store. Dependents can be citizens of any country other than the United States. Applicants who are not granted asylum will (if they're not in lawful immigration status) be referred to immigration court for a hearing in front of an Immigration Judge, along with all undocumented dependents. You might consider this if, after including your dependents, you become unsure about your own claim, particularly if circumstances have changed since you originally filed the form. You will do so by updating the section regarding your marital status with the officer. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. Your IP: 107.161.91.130 In most cases, a marriage-based petition will be decided in six months to a year. An Asylum Officer will add a dependent to the asylum application as long as the dependent is not in court proceedings. Even if they’re dependents on your application, your spouse and unmarried children under 21 can also choose to file their own applications for asylum. You will need to name each of your dependents on the asylum application in any case, but by checking “yes” in the appropriate box—in Part A.II, Question 24 in the section for spouses, and Question 21 in the section for children (referring to the version of Form I-589 that expires on 09/30/2022—they will share in your asylum grant or denial. Dependents do not have to have suffered persecution or fear persecution to be included in an asylum application. I am expecting interview anytime soon Adding spouse information in pending asylum will it … Copyright © 2020 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. The attorney listings on this site are paid attorney advertising. Completing the CAPTCHA proves you are a human and gives you temporary access to the web property. This article will discuss ways for family dependents to win asylum and what happens to dependents when asylum is granted to the principal applicant, as well as what other options your dependents may have. In some cases, they may have their own possible claims for asylum—in other cases, not.
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