About asylum status

#1
My spouse has political asylum. Our child and I also got political asylum at the same time as we were included as dependents in the original petition. Are we considered derivative asylees?
 

dave_bj

Registered Users (C)
#3
Uncle joe,

I believe his spouse needs to file a form I-730 for both of them before they can be considered true derivative asylees. Just being named in the application is NOT sufficient.
Bigdaddy89 will not be able to apply for permanent residency until one year after his I-730 is approved.
 

mh66ii

Registered Users (C)
#5
If you were present in US and included or mentioned on your spouse asylum application as dependent, you and kids (if listed on application) are approved if your spouse is approved(which in your case you are). Primery applicant (your spouse) will consider asylum and you and other dependent are derivative asylum and no forther action is required. If you were not in US your spouse needs to file I-730 for you and other dependent to order to bring you over.
 
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Uncle Joe

Registered Users (C)
#6
Uncle joe,

I believe his spouse needs to file a form I-730 for both of them before they can be considered true derivative asylees. Just being named in the application is NOT sufficient.
Bigdaddy89 will not be able to apply for permanent residency until one year after his I-730 is approved.
Dave bj and Raziel

He's saying

My spouse has political asylum. Our child and I also got political asylum at the same time as we were included as dependents in the original petition. Are we considered derivative asylees?

They are derivative asylees
 

jojos

Registered Users (C)
#7
howz this possible uncle joe

is your signature correct? if so can you explain...



I-485 Approved - MAR, 2007

N-400 Mailed - AUG 17, 2009
N-400 Received - AUG 19, 2009
Priority Date - AUG 19, 2009
NOA Received - AUG 29, 2009
 

Raziel

Registered Users (C)
#8
Dave bj and Raziel

He's saying

My spouse has political asylum. Our child and I also got political asylum at the same time as we were included as dependents in the original petition. Are we considered derivative asylees?

They are derivative asylees
there is nothing called dependant in the asylum application!

so if me and my wife have been threatened in COP and wanted to apply for asylum, should we both submit separate applications? What if we had different threats?

those so claimed dependants will attend the interview and will be questioned too
 
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dave_bj

Registered Users (C)
#9
Raziel, I agree with you. It is bad advice to tell these guys they are derivative asylees.
I was the principal applicant in my application. I also included my wife in my application. Well... I still had to file an I-730 for her before she was granted derivative asylum herself. (I used a lawyer)
Remember that USCIS may or may not approve the I-730. It may deny it for many reasons: Marriage is not authentic, child is over age limit (21), filed I-730 too late (2 year limit) etc...
 
#11
Asylum Granted

I am making this post to seek your advise for one of my friend on his behalf.


Please guide and help.
Thanks
 
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Heemo

Registered Users (C)
#12
If the dependents were already in the US when the principal asylum applicant applied and they also showed up at the interview and were fingerprinted, then they are all set and no need to apply for anything else. But if they were outside the US and their names were just listed on the application, then yes they have to file I-730. Make sure the application is all complete with all necessary documents. Better hire a good attorney for that.
 
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