1. Adding a Dependent After Principal Applicant’s Initial Filing A principal applicant may add to his or her asylum application a spouse or child under age 21 at the time of filing, who is in the United States and not under the jurisdiction of EOIR, at any time prior to the rendering of a final decision by the Asylum Office, regardless of whether the new dependent previously filed for asylum as a separate principal applicant, or never submitted an asylum application.An individual who was issued a NOID or Final Denial may become a dependent on a spouse’s/parent’s asylum claim.A spouse or child may be added to an applicant’s asylum claim even after the issuance of a NOID or Recommended Approval letter to the principal applicant.The addition of a dependent in RAPS will automatically initiate the scheduling of a fingerprint appointment for a dependent over age 14 and under age 75 and initiate other security checks.Asylum Office personnel should conduct US-VISIT checks for any dependents added after the principal applicant’s initial filing. 8 C.F.R. 208.21
“Final Decision” in this context refers to a Final Denial, Referral (with NTA filed on the Immigration Court) or Final Approval.
If a request to add a dependent is received after the issuance of the denial, referral or approval to the principal applicant, Asylum Office personnel provide the applicant with information about the filing of an I-730, Asylee/Refugee Relative Petition, which can be found on uscis.gov at
http://www.uscis.gov/files/article/d1_english.pdf.
The burden of proof is on the principal applicant to establish the claimed relationship with the prospective dependent. Details regarding the types of documentation that may be used to establish the principal applicant-dependent relationship in cases pending before USCIS are discussed in 8 C.F.R. 204.2 (a)(1)(i)(B), (a)(2), (d)(2) and (d)(4).
a. Dependent Did NOT Previously File an Asylum Application
i. Adding a dependent before the interview
The principal applicant files with the Service Center a packet that includes:
z One (1) copy of his or her asylum application that includes the dependent’s information. z At a minimum, an applicant is permitted to submit copies of only pages 1, 2, 3 (including Supplement A Form I-589 as needed for additional family members), and 9 of the principal applicant’s application in lieu of the entire I-589 and supplemental documentation. z One (1) photograph of the dependent that he or she wants to add, stapled on page 9 of the dependent’s copy. z One (1) copies of evidence of relationship. z Brief statement that he or she wishes to add a dependent to his or her asylum claim.
The Service Center adds the dependent to the parent or spouse’s claim in RAPS using the subcommands on the I589 screen and forwards the file to the Asylum Office.
ii. Adding a dependent at the time of the interview
A principal applicant may add a dependent to his or her asylum claim at the time of the asylum interview, as long as the dependent appears with the principal applicant To add a dependent who is present at the interview, the principal applicant submits to the AO the same packet described in the previous section.
Reviewed, No Substantive Changes since 2007
Will be Updated, Changes Pending Review
Finalized Updates Sections: Sections: 1,2,3,4,5,6,7,8,9,10,11 Sections:
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Asylum Office personnel create a file for the dependent according to instructions in Section II.C.2, I-589 Filed Directly with the Asylum Office. Asylum Office personnel add the dependent to the principal applicant’s case in RAPS.The AO meets and interviews the dependent according to instructions in Section II.J.3, AO Conducts An Asylum Interview, Dependents.
If the dependent does not appear with the principal applicant at the interview, the AO:
z Completes the interview with the principal applicant z Completes Form I-72 or office equivalent, which instructs the principal applicant to bring the dependent to the office on a day before the pick-up date if the interview takes place at the Asylum Office, or before the AO leaves the circuit ride city if the interview takes place away from the Asylum Office (or when the next circuit ride is scheduled if this occurs on the last day of the circuit ride). z Places the principal applicant’s case on HOLD – AD in RAPS. This will stop the EAD clock until the applicant presents the requested dependent. Required Material: Form I-72 or office equivalent
If the dependent appears on the appointed date and time, the AO follows instructions in Section III.E.1.a.iii, removes the case from HOLD in RAPS, and processes the family’s decision.
If the individual fails to appear on the appointed date Asylum Office personnel:
z Do not add the individual as a dependent on the principal applicant’s claim. z Write a memo to the principal applicant’s file, with a copy in the dependent’s file, if any, that states the applicant failed to appear for the appointment. z Remove the case from HOLD in RAPS z Process the asylum application of the principal applicant for pick-up or mail-out.
iii. Adding a dependent after the interview
A principal applicant may submit materials to add a dependent either to the Service Center or to the Asylum Office that is adjudicating his or her application. Neither the Service Center nor the Asylum Office will add an individual as a dependent if RAPS indicates the Asylum Office already issued an Asylum Approval, Final Denial or Referral to the applicant.Should this occur, the Service Center or Asylum Office returns the packet to the principal applicant with a letter informing him or her that USCIS cannot add the dependent because a final decision was issued.
(a) Requests Received by the Service Center
If the request to add a dependent is filed with the Service Center and RAPS indicates an interview date in the past, the Service Center forwards the packet to add a dependent to the Asylum Office for further processing.
(b) Requests Received by the Asylum Office
If the Asylum Office receives a request to add a dependent either before the pick-up date, or while the case is pending if the decision will be mailed, Asylum Office personnel take the following action:
z Place the case on HOLD – AD in RAPS z Send to the principal applicant a Response to Request to Add Dependent to Asylum Application (Appendix 13), which schedules both the principal applicant and the dependent for an appointment with an AO.This appointment may be scheduled for the same date as the pick-up appointment if resources permit the completion of all necessary follow-up processing prior to service of the decision on that date.
Asylum Office personnel follow procedures in Section III.E.1.a.ii for processing guidelines depending upon whether the individual appears or fails to appear at the appointment.
