Will a principal asylee's fraud affect the derivative?

D

DeepakChani

New Member
I am a asylum derivative who entered legally under my father's asylum and am currently on DACA . My father was approved for asylum but was later suspected of fraud when applying for LPR. The suspected fraud was related to the wrong date of entry into the US listed on the asylum application and the real date of entry (my dad followed the advice of a fake lawyer who was running a scam). My question is will I be a part of my dad's NTA or will I have my own NTA because I had nothing to do with the fraud and came as a derivative of my dad. I am planning to marry in 2018 to a USC (bona fide marriage) and wish to do AoS. I do not want my dad's fraud case related to mine and cause issues for the AoS. Any input will be appreciated.
 
DeepakChani said:
I am a asylum derivative who entered legally under my father's asylum and am currently on DACA . My father was approved for asylum but was later suspected of fraud when applying for LPR. The suspected fraud was related to the wrong date of entry into the US listed on the asylum application and the real date of entry (my dad followed the advice of a fake lawyer who was running a scam). My question is will I be a part of my dad's NTA or will I have my own NTA because I had nothing to do with the fraud and came as a derivative of my dad. I am planning to marry in 2018 to a USC (bona fide marriage) and wish to do AoS. I do not want my dad's fraud case related to mine and cause issues for the AoS. Any input will be appreciated.
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This is not related to NTA but in case the asylum status gets terminated then this will impact his derivatives as well. You are currently under DACA and I'm not sure for how long your DACA is valid but you might want to get in touch with a lawyer in regards to next steps.

Official link from the USCIS website https://www.uscis.gov/sites/default/files/files/nativedocuments/Asylum_Procedures_Manual_2013.pdf

Termination of asylum status for the principal asylee results in termination of any derivative status, whether derivative status was gained at the same time of the original asylum grant or through the approval of an I-730, Refugee/Asylee Relative Petition. The termination does not preclude the former derivative from applying for asylum or withholding of removal on his or her own. When grounds for termination apply to a derivative alone, the derivative asylum status is terminated without effect on the principal asylee’s status, and documents discussed in this section are issued to the derivative asylee alone. See INA § 208(c)(2), (3); See also 8 C.F.R. 208.24

Hope this helps a little and best of luck.
 
Thanks for your reply. Yes this is helpful. I came here as a minor (8 years old) legally (i-94) as the derivative of my father's approved asylum. I had no knowledge at that age to comprehend what was going on. From your posting, I can see that I will be bale to withhold removal via a bona-fide marriage to a USC and approved I-130. Correct?
 
DeepakChani said:
Thanks for your reply. Yes this is helpful. I came here as a minor (8 years old) legally (i-94) as the derivative of my father's approved asylum. I had no knowledge at that age to comprehend what was going on. From your posting, I can see that I will be bale to withhold removal via a bona-fide marriage to a USC and approved I-130. Correct?
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Correct. You might want to consider the date of the bona-fide marriage, since your Dad Asylum is at risk as well as yours for been his derivative
 
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