Amalavia28
New Member
Hello,
I have a hybrid situation related to Asylum. A family comes into the U.S. and while in the US the wife/mother files for asylum. The family consists of Husband, and two kids. Wife is granted aslyum along with the rest of the family (as derivative beneficiaries). Now the wife has filed for Adjustment of Status and also listed derivatives on the application (including husband and kids on the application for adjustment). However, prior to the adjudication of the adjustment, the husband and wife divorced. Now the husband was denied for his adjustment. Is the husband no longer a derivative because he is divorced? Is there any legal authority out there that talks about this? I was under the impression that once a derivative alien has been granted asylee status, nothing in the law or regulation terminates eligibility of a derivative for adjustment becuase the spousal relationship ends. Therefore, may the derivative be adjusted even though the relationship to the principal has ceased to exist.
I have a hybrid situation related to Asylum. A family comes into the U.S. and while in the US the wife/mother files for asylum. The family consists of Husband, and two kids. Wife is granted aslyum along with the rest of the family (as derivative beneficiaries). Now the wife has filed for Adjustment of Status and also listed derivatives on the application (including husband and kids on the application for adjustment). However, prior to the adjudication of the adjustment, the husband and wife divorced. Now the husband was denied for his adjustment. Is the husband no longer a derivative because he is divorced? Is there any legal authority out there that talks about this? I was under the impression that once a derivative alien has been granted asylee status, nothing in the law or regulation terminates eligibility of a derivative for adjustment becuase the spousal relationship ends. Therefore, may the derivative be adjusted even though the relationship to the principal has ceased to exist.