Can Wife apply for the same asylum case after their Husband asylum case fail?

[MWDW]

Hi everybody,

I have another interesting scenario that I want to ask to you guys.
This is the scenario:
A family (husband, wife and children) came to US in tourist Visa.
Tourist visa had 6 months of In Status limit.
Husband file for asylum application right away, and wife and children as derivative applicant
Husband got final denial by Asylum Office within the 6 first month after came to US,
meaning Husband still in status resulting in the case closed and not referred to immigration judge.
meaning The Husband had NO second chance to present the same case to the Immigration judge...

All the above process from submitting application until final denial might take more than 5 months...
but still within the 6 month in status limit.

but now the family are nearing their 6 month in status limit.
My Question:
Can the wife then file for asylum as primary applicant while now the husband and children became
the derivative? (with same reasoning for applying for asylum) so the case is the same, but the primary applicant
is different.

This way hopefully the wife can present the same case to Asylum officer and even if AO deny again,
they still have to automatically refer the case to Immigration judge. because by the time AO deny the case
submit by the wife, it should already past beyond the 6month in status for tourist visa.

don't get me wrong, this family case for asking asylum is strong, but no matter how strong their case is,
They are all at the mercy of the interviewing officer personal opinion. so having second or third chance matter a lot.

What do you guys think?
Thanks

 

[pepsico]

Notice of Intent to Deny

You may receive a notice of intent to deny (NOID) if you have valid legal status in the United States but are found ineligible for asylum. The NOID will state the reason(s) that you are ineligible for asylum. You will have 16 days to explain in writing either why the claim should be granted or submit new evidence to support the claim, or both. If you do not to respond within 16 days, your asylum claim may be denied. If we receive a timely response, the asylum officer will carefully consider the response or new evidence, or both and then make a final decision to approve or deny the claim. If the claim is approved, the officer will issue a grant of asylum (see above); if the claim is denied, the officer will issue a final denial (see below).

Final Denial

You will receive a notice of intent to deny (NOID) and a final denial letter if:

You do not respond to the NOID within 16 days, or
You submitted a response but the new information failed to overcome the reasons for denial stated in the NOID
You cannot appeal the asylum officer’s decision. The denial includes any dependents included on your asylum application. If your claim is denied, you may reapply for asylum however, you must show changed circumstances that affect your eligibility for asylum.


Referral to an Immigration Court

If we are unable to approve your asylum application and you are in the United States illegally, we will forward (or refer) your asylum case to the Immigration Court. A referral to the immigration judge includes your spouse and unmarried children under 21 if they:

Were included on your asylum application
Are in the United States illegally.
A referral is not a denial of your asylum application. Instead, we refer your case for further review by the Immigration Court. If we cannot approve an asylum claim, we will send you a letter of explanation and a Form I-862, Notice to Appear, indicating the date and time you are scheduled to appear in court. You do not have to re-file your asylum application.

The Immigration Judge will evaluate your asylum claim independently and is not required to rely on or follow the decision made by USCIS.

I dont really think or know if your wife can apply for asylum since she was derivative but i will advice you to see an attorney ,there are some organizations that give free legal advice ,so you wont pay something ,just check out those organizations on the internet in your local area and if you see ,they will help you answer your questions for free ,remember that all we give in this forum is not legal but just an advice ,so seek for legal advice ,you dont want to let this chance past and regret later .Good luck

 

[MWDW]

I dont really think or know if your wife can apply for asylum since she was derivative but i will advice you to see an attorney ,there are some organizations that give free legal advice ,so you wont pay something ,just check out those organizations on the internet in your local area and if you see ,they will help you answer your questions for free ,remember that all we give in this forum is not legal but just an advice ,so seek for legal advice ,you dont want to let this chance past and regret later .Good luck

Hello,
Thanks for your reply.
I were hoping that someone in this forum might had similar experience / scenario as the above scenario thus
able to provide with real world experience to share.
Thanks again

 

[Mr. Bird]

Hi everybody,

I have another interesting scenario that I want to ask to you guys.
This is the scenario:
A family (husband, wife and children) came to US in tourist Visa.
Tourist visa had 6 months of In Status limit.

In my opinion, yes she can. This is because she did not apply for asylum herself even though she was derivative. Actually how i see it is that the worst that can happen is referral to IJ which you yourself missed, and that may turn out positive as has happened with most people.