Derivative Asylee Question

Jack Archer

Registered Users (C)
Hi guys (Alanpero and Gilbert),

 I just read the I-730 filing guidelines at:

http://www.ins.usdoj.gov/graphics/formsfee/forms/files/I-730.pdf

I\'m clear on everything except something that is not mentioned in the guidelines. Is it going to be a problem if the spouse is not from the same country as the principal asylee? What if the spouse is from a country that State Department or the INS considers to be a "safe country?"
 Another question is for academic purpose only. Will the asylee\'s marriage to a nationality or a LRP from a safe 3rd party country (like the UK or Canada) have complications on maintaining his/her asylee status in the US?

Your comments, suggestions, and experiences are appreciated.

TIA

JA
 
No Title

Jack, as I understand the basis for derivative asylee status exists as long as there is a "link" between the spouse and the asylee. That "link" is the marriage, and as long as this and other requirements specified in the instructions are met, I do not see why the nationality of the spouse might have any effect. What it is not specifically prohibited, is assumed to be permitted
Similarly, once the asylee status is granted I do not see why the marriage to a person from a safe country should have any effect.
I know that at some point INS could argue that the couple could re-settle in that third safe country, but I believe that is something that could hardly happen. I do not know of any case related to this circumstance, this is just my point of view.
 
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When applying for derivative asylum, a spouse\'s nationality is not relevant.

As for marriage to a third-country national, I do not think the INS would make this an issue as long as the couple lives and works in the United States. People in that situation should carefully document all their ties to the U.S., in case a problem occurs.
 
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Thanks everyone for your comments. Does anyone know how long a I-730 application (with humanatarian parole request because the marriage took place 3 years after the principal asylee received his status)processing can take?

TIA

J.A.
 
third country green card

Dear friends:
who knows if granted asylee got third country such as Canadia green card , what will happen to this person\'s asylee status of U.S.A?
thanks!
 
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In my humble opinion any asylee who receives a stay permit or PR from a safe 3rd party country is considered no longer in need of US protection. But the USINS (atleast in my opinion) has no way of tracking if one has obtained Canadian GC. It\'s kinda "do it at your own risk thing."
 
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