Derivative Status Question

[shefe]

Hello folks,

I have here an important question about my brother in africa.. In 1996 he went back to africa while my mother asylum applicatiion was pending. in 1999 my mother was granted asylum but my brother was under my mother. he was 19 years when my mother's asylum was approved.. do you guys think it is too late to file for him or does anyone have similar experience.. Please help or advise will do.

 

[augustasylee]

too late

Hello folks,

I have here an important question about my brother in africa.. In 1996 he went back to africa while my mother asylum applicatiion was pending. in 1999 my mother was granted asylum but my brother was under my mother. he was 19 years when my mother's asylum was approved.. do you guys think it is too late to file for him or does anyone have similar experience.. Please help or advise will do.

I suspect he is eligible considering he has not yet passed the age limit to be derivative of ur MOM. Check USCIS website.


Who is Eligible?
You may apply for derivative asylum benefits for your spouse or unmarried children under the age of 21 within two years of your grant of asylum or by February 28, 2000, whichever is later. If your spouse or children are already in the United States, they may be eligible for derivative asylum benefits regardless of whether they are in the country legally or illegally. The relationship between you and your spouse and children must have existed when you were granted asylum and must continue to exist when you file Form I-730 (Refugee/Asylee Relative Petition) and when your spouse and children are admitted to the United States as derivative asylees. If your children are outside the United States and have been approved for derivative asylum benefits, your children will be able to come to the United States as an asylee at any time as long as they are under 21, unmarried, and maintain their relationship with you. If your spouse is outside the United States and has been approved for derivative asylum benefits, your spouse will be able to come to the United States as an asylee at any time as long as your spouse remains married to you.

You may apply for derivative asylum status for a child who was already conceived, but not yet born, on the day you were granted asylum.

You may apply for derivative asylum status for a step-child if the marriage between you and the child's parent took place before the child's 18th birthday.

You may apply for derivative asylum status for an adopted child if the adoption took place before the child's 16th birthday and the child has been in your legal custody for at least two years.

You may not apply for derivative asylum status for your child's mother unless she was married to you on the date you were granted asylum.

Parentage testing, also referred to as blood testing or DNA testing, may be requested only after initial and secondary forms of evidence have proven inconclusive. Tests will be conducted at the expense of the petitioner. Parentage testing must be conducted by an American Association of Blood Banks ("AABB") accredited laboratory. A current list of the AABB accredited parentage testing laboratories can be viewed on the American Association of Blood Banks website. You may also wish to read the Fact Sheet about Parentage Testing.

After your spouse or children are admitted to the United States as derivative asylees, they must be granted special permission to travel abroad until they adjust to lawful permanent resident status. They cannot forfeit or give up their asylum status and later be re-admitted to the United States as asylees. For more information, please see, How Do I Get a Travel Document?. For other eligibility information, please see Form I-730 Refugee/Asylee Relative Petition or INA § 208.

 

[smirnoff]

Hello folks,

I have here an important question about my brother in africa.. In 1996 he went back to africa while my mother asylum applicatiion was pending. in 1999 my mother was granted asylum but my brother was under my mother. he was 19 years when my mother's asylum was approved.. do you guys think it is too late to file for him or does anyone have similar experience.. Please help or advise will do.

dude what was your brother doing under your mother anyway
sorry guys i am just happy for the removal of the cap
---------------------------------------
asylum granted july 04

 

[augustasylee]

Partying

dude what was your brother doing under your mother anyway
sorry guys i am just happy for the removal of the cap
---------------------------------------
asylum granted july 04

smirnoff:
What are u doing partying at 12:56 am ? This cap removal will drive us crazy. Just kidding

 

[shefe]

what

they removed the cap.. common guys where in the world is the link and so any asylee can apply for LPR anytime now..and will get it faster?


my mother applied while my brother was young.. my sister got her asylum thru my mother.