derivative asylum

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mwalam

Registered Users (C)
These questions are for a friend of mine...

If you have a case of derivative asylum (obtained from parent who was original applicant)

(1) Does your 485 get approved only after approval of original applicant (ie. if you obtained asylum because your father was approved for asylum, would your 485 be approved only after apporval of your fathers, or would it be random?). My friend got fp before her father, but her father received as rfe and now his case is approved, however, she hasn't heard anything since her fp which was over 4 months ago?

(2) If you get married, do you lose your asylum benefits? (as in derivative asylum benefits?)
Same friend has been in adjusment process since 1999, however, she got married in 2002... any problems with her adjusment application?

TIA
 
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(1)more or less random, uness they are thinking about revoking the principal's asylum grant.
(2)Asylum status is not lost. However, to proceed with adjustment, she probably needs to submit an asylum application in her own name and asks for nun pro tun processing.





Originally posted by mwalam
These questions are for a friend of mine...

If you have a case of derivative asylum (obtained from parent who was original applicant)

(1) Does your 485 get approved only after approval of original applicant (ie. if you obtained asylum because your father was approved for asylum, would your 485 be approved only after apporval of your fathers, or would it be random?). My friend got fp before her father, but her father received as rfe and now his case is approved, however, she hasn't heard anything since her fp which was over 4 months ago?

(2) If you get married, do you lose your asylum benefits? (as in derivative asylum benefits?)
Same friend has been in adjusment process since 1999, however, she got married in 2002... any problems with her adjusment application?

TIA
Click to expand...
 
?

Gilbert,

Could you explain the nun pro tun bit?

Does she need to apply for asylum from the begining and start the whole process from start?
 
Strictly speaking, a derivative asylee must remain a derivative on the date of adjustment in order to obtain a green card. Obviously someone who has married is no longer a derivative of her father.

Fortunately the CIS Asylum Program has developed generous policies to deal with the situation. All the derivative needs to do is to file a I-589 asylum form. She will be interviewd briefly by an Asylum Officer. If everything checks out, the CIS will grant asylum to her AS A PRINCIPAL ASYLEE AND DATE THE NEW GRANT TO THE DATE OF THE ORIGINAL DERIVATIVE GRANT. This will allow her to pursue the adjustment application.
 
referrel

Gilbert,

Could you refer me to info about this?

I have searched but haven't found any info on what to do if you are already in the 485 stage..

Also, would she need to justify fears of persecution herself? Basically, I'm trying to find out whether this would be looked as a new case (albeit it will be backdated) with all the proofs and reasons included.



Thanks
 
She does not need to document any persecution to herself. She should submit an asylum application to the local asylum office, rather than the service center. She should note "nunc pro tunc" in bold type on top of the first page and please enclose a copy of her dad's approved asylum application. This is a very simple formality.

I assume that her dad and she have the same nationality? In the rare cases where the principal and the former dependent are of different nationalities, the above process will not work.

In case you are wondering, she cannot include her husband on the application.

The policies are spelled out in page 72-76 of the "Affirmative Asylum Procedures Manual" used by all Asylum Officers (Spring 2003 edition).
 
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email add

Gilbert,

Would you be able to provide me your email address so I could talk to you about this issue? (i know that your not a lawyer :) )
 
Re: email add

This site supports private messages and I would be happy to exchange information with you via this method. Click the user cp icon on top of this page and then click "Private Messages".

Best wishes,



Originally posted by mwalam
Gilbert,

Would you be able to provide me your email address so I could talk to you about this issue? (i know that your not a lawyer :) )
Click to expand...
 
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