Divorce and derivative asylee (Please answer)

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bornTwice

Registered Users (C)
My friend got her asylum status as a derivative asylee. She is now divorced. Her ND is 02/2001. When she completes her RFI and BIO, her lawyer told her that her I-485 will be denied, but she could retain her asylum status. She is now crying like a baby

Please share your thoughts and exprience.
 
I believe her situation has "materially changed" and she no longer qualifies for derivative asylee status.

So my guess is, if her I-485 is denied, then she can't retain her asylee status either. But obviously, I am not a lawyer, and she needs to talk to another lawyer.

If she qualifies as a battered spouse, may be she can apply for asylum on those grounds.

-F
 
My understanding is that if the principal and derivative are from the same country and there are no indications of fraud on the original asylum application, the USCIS will allow the former derivative to adjust status. But she needs to file a new asylum petition with the Asylum Office and ask for Nunc Pro Tunc processing. The USCIS will then approve her as a principal asylee and date that approval back to the date she was granted derivative status. So she can adjust with no problems.

Please consult an immigration attorney before proceeding.
 
divorce will not hurt her adjustment application

she will get green card, this is the united states of america,

women have full rights here,

if she got divorced as the result of domestic violence, she need to submit proof to the ins that she was divorced as the result of domestic violence,

her case will not be affected ,

i know a women who got divorced 2 years ago, at that time her green card application was pending, her lawyer submitted proof of domestic violence,

she got green card tast year
 
John Smith 1 said:
she will get green card, this is the united states of america,

women have full rights here,

if she got divorced as the result of domestic violence, she need to submit proof to the ins that she was divorced as the result of domestic violence,

her case will not be affected ,

i know a women who got divorced 2 years ago, at that time her green card application was pending, her lawyer submitted proof of domestic violence,

she got green card tast year
Click to expand...


I wonder if men have the same 'full' rights :rolleyes:
 
Yes they do. I know of a man who was married to an American woman who turned pscho on him. She tried to use all her means to destroy his status but it did not work. He hired an attorney and now has his papers.
 
If a derivative asylee got his or her GC and then got divorced will it affect future neturalization?
 
Minsk said:
If a derivative asylee got his or her GC and then got divorced will it affect future neturalization?
Click to expand...

Correct me if I am wrong...But does USCIS ask for more evidence from derivative's.like that the relation still exists?I don't remember anyone reporting that..so in her case, unless they ask for RFE showing proof with the principal..she would be ok...

But Hampton offers the logical advice, he is in law so take his advice in my opinion...
 
Minsk said:
If a derivative asylee got his or her GC and then got divorced will it affect future neturalization?
Click to expand...

NO! If marriage is bonafide, one can apply for citizenship after 4 years 9months after date on GC. However if relationship still exists, GC holder can apply after 2 years 9months..

What lot of people are confused about is that if CIS will ever go back. Like after issuing GC thru marriage/asylum/employment , unless CIS sense any fraud in original petition, they never go back....i.e. was your marriage bonafide, was your asylum real, were you with your employer just for GC etc.
 
John Smith 1 said:
if she got divorced as the result of domestic violence, she need to submit proof to the ins that she was divorced as the result of domestic violence,
Click to expand...

Not that all divorces ended up because of the domestic violence...
 
wantmygcnow said:
Correct me if I am wrong...But does USCIS ask for more evidence from derivative's.like that the relation still exists?I don't remember anyone reporting that..so in her case, unless they ask for RFE showing proof with the principal..she would be ok...

But Hampton offers the logical advice, he is in law so take his advice in my opinion...
Click to expand...


The USCIS could ask as part of the RFE process for a new biographic form. You would then have to disclose your present marital status. If they do not do that then I get your point. They can approve the case without finding out the now dissolved marriage. But I would apply nunc pro tunc proactively. I am not sure if I want to have a green card that is potentially not 100% sound. I would go thru the formality for the peace of mind.
 
Minsk said:
If a derivative asylee got his or her GC and then got divorced will it affect future neturalization?
Click to expand...


Probably not unless there are strong indications of marriage fraud. I mean if the derivative married the principal just before the principal received his asylum and then the couple divorced right after the derivative received adjustment of status, then there might be a basis to look into the file further.
 
John Smith 1 said:
she will get green card, this is the united states of america,

women have full rights here,

if she got divorced as the result of domestic violence, she need to submit proof to the ins that she was divorced as the result of domestic violence,

her case will not be affected ,

i know a women who got divorced 2 years ago, at that time her green card application was pending, her lawyer submitted proof of domestic violence,

she got green card tast year
Click to expand...


The battered spouse provisions of the INA do not appear to apply to asylees.
 
hampton8844 said:
My understanding is that if the principal and derivative are from the same country and there are no indications of fraud on the original asylum application, the USCIS will allow the former derivative to adjust status. But she needs to file a new asylum petition with the Asylum Office and ask for Nunc Pro Tunc processing. The USCIS will then approve her as a principal asylee and date that approval back to the date she was granted derivative status. So she can adjust with no problems.

Please consult an immigration attorney before proceeding.
Click to expand...

Thanks for your professional advice. I learnt that she already sent the BIO and medicals through her lawyer. But, the lawyer got her signed a letter that she understands the BCIS would eventually deny her I-485, but she will retain her asylum status. She said he told that the only option to get her GC is thru employment or marriage of US citizen. I am sorry...but I don't always trust what some imm. lawyers talk about. I like to take your advice further and tell her to talk to another lawyer. If she gets her current I-485 approved--would that be a problem? How so? For a derivative asylee--is the approval of I-485 conditioned upon marriage? My understanding is that her husband (the principal asylee) and she (the derivative asylee) have different A# and files? I thought the approval and all other aspects of I-485 are handled independently. I apologize if I sound silly or naive. Thanks for your great advice.
 
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Sec. 209.2 Adjustment of status of alien granted asylum.

It is murky part of the procedure.

Eligibilty:
(iii) Continues to be a refugee within the meaning of section 101(a)(42) of the Act, or is the spouse or child of a refugee;

So if someone is NOT a spouse anymore the Law could be interpred in a manner that says a divorcée (or divorcé for that matter) is not longer eligible for the adjustment i.e. being a divorced spouse of an asylee could lead to the inadmissibility and the application might be denied.

However the USCIS for sure may show some flexibility in such a case and decide on an individual basis so I-602 (humanitarian reasons, to assure family unity if there are any kids, for example) should be filled.
 
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Borntwice,

The blackletter law is very clear. A derivative asylee, as opposed to a refugee, must retain her relationship with the principal on the date of asylee adjustment. Otherwise she is not able to adjust. As a matter of policy, however, the USCIS created a step to enable these persons to adjust in spite of the end of the requisite relationship. The person simply files a new asylum application and the USCIS will grant her asylum as a principal as of the date of the original derivative approval. So they create a legal fiction that the person is a principal who does not reply on the actual principal for her status. Before 2002 asylee children who become 21 routinely had to use this procedure to adjust status. They also allow divorced spouses to use this procedure. This is a very generous policy and they are not required to make this available. They would be on very firm legal ground if they denied these cases.
 
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whencanigetgc said:
Borntwice,
you should have waited to get divorced until you get GC.
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This is not for me. I am ok, man. I am not derivative asylee. The issue is with my friend who is a deverivative asylee.
 
This is interesting.
A friend of mine came her as a derivative asyle. after stying for a year or so she got divorced (no problem of violence in their case). while she was working with work permit, she got married to another asylee who was waiting for his adjustustment. now they have a baby and a formal marriage. my question is does she have to worry regarding adjustement of her status in the future.
 
Hi Guys

I have the same problem. The only thing is I was living with my ex-wife 1 1/2 years. When I send my biografic again we were not marrige leagallly. I recived the same letter that every body with has my same situation. I talked with a lawyer, and I got married again, we have a child of 9 months, She is pregnant now too. I send my I-539.because they request me this documents and i put her and my son in my application. I dont know what will happen. I don't have answer and I think that i got for an interview and begin my asylum for my own right.

Thanks for your comments!

ND Mar 2002
Bio Sept 2005
REF Nov 2005
REF answer Dic 2005
 
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