Whether my child who turns over 21 years old can be included as derivatives?

whhv

New Member
Hello everyone,

My question is whether my child who turns over 21 years old can be included as derivatives after I have filed for asylum?
Here is the explanation from USCIS: What happens if my child turns 21 after I have filed for asylum? (google it )

However, I still confused about some points of the statement.

The situation is that I did not include my child as a derivative on my asylum application at the time of filing. That time, my child is less than 21. So, he still maintained his F-1 visa status. Of course, he did not get the EAD card for working in u.s. However, I do listed all his information (name,birthday,nationality and so on ) on the I-589 at the time of filing. Now, he is over than 21 and I approximately will have an asylum interview in the coming May. Q1: Can I include him as derivatives during the interview period? Can he also be eligible for asylum with parents? Q2: Must he appear for the interview?

Also, I might divorce with my spouse recently. The question is i can not get a divorce certificate in a short time. So, I am confused what will happen if my spouse don’t come with me for the interview. Because I include my spouse as a derivative on my asylum application at the time of filing. Please let me know your suggestion.

Thank you so much. I am waiting for your reply.
 
If you are granted asylum, it will cover your child as well under Child Status Protection Act as long as he doesn't get married. It is not necessary to bring your spouse to the interview. Good luck.
 
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