Have been a derivative asylee for 15 years. Denied Green Card or citizenship. Trying Family Petition

Mental_Asylee

New Member
Hi, everyone! I'm new here, and needing help. My case is pretty complicated; I will try to sum it up as best I can.

My parents left South America when I was very young due to a warranted fear of persecution. As a toddler, I entered the United States on an importer/exporter visa my father had obtained. After that visa expired, we were out of status for a while, but were soon enough granted political asylum, after my father was able to prove that it was not safe for us to return. My father was granted primary asylum, while my mother and I were granted derivative asylum. My parents went through the process to obtain themselves green cards and U.S. citizenship, but never did the same for me; make of that what you will.

At the age of 14, my mother one day told me that I was an asylee and not a regular immigrant, as I had previously been led to believe, and I found that I had almost none of the documentation I needed. I did not work or drive throughout high school like my friends, because no one would hire me or give me a license without papers. Finally, at 17, my mother and I attempted to obtain citizenship for me on the grounds that my mother was a citizen, and this request was denied by U.S. Immigration. At 18, I attempted to file for a Green Card in my own right, and this was also denied. I did, however, obtain enough proof of identity and status to obtain an EAD and other documents, and was able to begin working.

I am now 20 years old, and am cooperating with an immigration lawyer to try to straighten things out. She says that my status right now is hazy, but that she will work to get me a Green Card. With her help, my mother is now filing a Petition for Alien Relative form. My lawyer also presented the option of trying to acquire Primary Asylum in my own right, but after hearing stories of how confrontational and offensive the asylum officers my parents encountered were, this option terrifies me. I know this is not the case for everyone, but it still troubles me. I really don't want to have to establish fear of persecution again; it was hard enough for my parents the first time. My lawyer says this latter option, obtaining Primary Asylum, would be faster than the former option, resulting in my Green Card being issued in 1 to 2 years, as opposed to the 6 or 7 that a Family Petition is supposed to take. Still, I chose to go with the Family Petition, since it seems more certain that I will be approved that way.

The thought of interviewers digging around in my life worries me. I have been admitted to an in-patient psychiatric facilities twice, for one week at a time each. I have been diagnosed with bipolar disorder type one, and take antipsychotic medication daily. This is the origin of the crappy pun in my username. Anyway, growing up, I was on various types of welfare at different times. I got into some trouble once in high school, but was told I have no legal record, and my lawyer says none of these issues are really problems. These things still concern me.

If anyone is reading this and has advice, please help me. Is obtaining primary asylum really better than doing the family petition? Is either one safe for me, like my lawyer claims? Would I have to establish fear of persecution all over again if I tried to get Primary Asylum? Can I really theoretically stay and work in the US forever with just my 1-94 with the asylum stamp, like my lawyer says?

I am scared :(
 
this is very strange. usually children of parents who become us citizens automatically gain us citizenship as long as they have not reached the age of 18! i think ur best option will be working hard with ur immigration attorney.

im sorry to hear about ur story! this is so unfair.
 
Check more than 1 lawyer opinion plus no need to be afraid from Asylum interview, immigration officers are angels :D

just make sure that you have ongoing reasons of persecution in home country
 
Your counytry of origin an your reason for fear persecution will play an important role in your asylum case....Don't be afraid of the interview with the asylun officer in my opinion they are nices than the regular INS officers...
 
It's a complicated one indeed. I would say its going to be difficult to prove, fear of persecution in your home country. You might not even know in real what's going on there since you've been in US for such a long time. If you want to file your own case, try SF.Those people have mercy.
If I were you, I would search for nice American life partner for rest of my life or hang around with the current I-94.
 
yes, right, you have been in USA more than the 1 year time limit for asylum application


1 year time limit does not hurt, as long as people are in valid status. I mean to say its very difficult to prove, fear if he applies for his own case because he has been in US for most of his life.
 
Thank you to everyone who replied. I did not expect so many responses so soon; it is a very pleasant surprise :D

To answer people specifically:

Tribute Blinky, I was also under the impression that all children of immigrants whose parents gain citizenship also become citizens. Is this not the case even for children who were completely out of status, that is to say, illegal? But, I was told by the immigration officials that it is not possible for me to go straight from derivative asylee to U.S. citizen. They said that I must pass through the Legal Permanent Resident stage in order to eventually become a citizen. I was, in fact, under the age of 18 when both of my parents became citizens. I do plan to keep working with my lawyer, and I'm thankful for your concern :)

To Raziel, Varayoc, and God_is_Green, I thank you also for your replies. To be honest, I really don't know if I would be persecuted upon my return to my country of origin, or as I have seen written here, COP. It is a very different place now than it was in my parents' time. People are not kidnapped off the street or tortured anymore, and there is a democratically elected president. However, should the protection of anonymity wear off, I do think being my father's daughter would cause problems for me. However, since I honestly don't know whether or not I would face persecution, I would say that I have more ignorance than fear. As such, I do not want to go through any processes that would require me to prove I have a fear of persecution.

My lawyer has assured me that, should I attempt to gain political asylum in my own right, I would never have to prove a fear of persecution. The only thing USCIS needs to know, according to her, is that I had a legitimate fear of persecution at the time I was granted derivative asylum status. And, because my parents already definitively proved this, she says I would never to be asked to prove it again. However, I am not sure she is right. If I will never be asked to prove I have an ongoing fear of persecution, why would I need to have an interview with an asylum officer at all? If it is simply a matter of paperwork, it seems to me that they would have no reason to want an interview.

So, would changing my status from derivative asylum to primary asylum require me to prove an ongoing fear of prosecution in my COP?

If, hypothetically, the asylum officer at my interview believed that I would not face persecution in my COP, would my status be taken away? Am I one bad interview away from being an illegal, and placed in removal procedures? :eek:

Also, to God_is_Green in particular, I do have a steady boyfriend, and we are very much in love. As a young lady, I am looking forward to getting married one day. We are serious about our relationship, and have discussed marriage before :)

Do you think it would be less dangerous for me to gain citizenship through marriage than it would to try filing the Petition for an Alien Relative through my mother, or simply faster?

Do you think there is any risk to filing the Petition for an Alien Relative through my mother? Should I stop her from sending it to USCIS?

I would appreciate any and all input. I was also happy to hear several of you say that asylum officers are not so bad; perhaps my parents were simply unfortunate and ended up with unusually aggressive or otherwise very cranky officials :eek:
 
Hi, Thankful.

I was granted derivative asylum through my father way back around 1994. I don't think I have the exact date; my parents don't really know where a lot of the original documents pertaining to our cases are. It might have been granted to me early in 1995, though 1994 seems right to me.
 
this is very strange. usually children of parents who become us citizens automatically gain us citizenship as long as they have not reached the age of 18! i think ur best option will be working hard with ur immigration attorney.

im sorry to hear about ur story! this is so unfair.
If child/ren have a GC, They will automatically become USC but he does not have one.
It's tough.
 
Hi, Thankful.

I was granted derivative asylum through my father way back around 1994. I don't think I have the exact date; my parents don't really know where a lot of the original documents pertaining to our cases are. It might have been granted to me early in 1995, though 1994 seems right to me.
Why you or your parents don't get their file under FIOA, They will send you copy of everything in the file and you will have all the information you need .
 
Your case is indeed very strange. While I am not an authority on the issue, I am puzzled as to why it is not a simple case of sending in an i-485 since,as i understand it, you are still in derivative asylee status.Or since you are under 21 why can you parents not file for you? Thankful or other experienced persons please comment.
 
Hi, everyone.

Mh66ii, I believe my lawyer has used the Freedom of Information Act to request all the files from these cases, and is probably keeping the paperwork in her office. If it is important for me to explain when I was granted derivative asylum, I could call her and ask. It would be easier to call my mom and ask, but she isn't as organized, so she probably wouldn't know right away. The information is definitely accessible to me, just not quickly.

Also, when you say that my parents can file me as a USC child, do you mean using the I-130 Petition for Alien Relative? If so, that is what my mother and my lawyer are currently working on. She wants to try to get me citizenship as the child of a U.S. citizen, that is, herself. Before, she just tried to get me citizenship directly, and that was denied.

What confuses me, though, is that I have heard that no immigrant may have two different types of status at once. Is this true? I have read that, if the Petition for Alien Relative is approved, I'll get an immigrant visa number, and that will give me the status to get a Green Card. But does this mean I will lose my asylum status? If this all works out for me and I get a Green Card, will I have a Green Card Through Asylum, or just a Green Card like normal immigrants get?

Also, GayGuy, I think what complicates my situation is that, according to my lawyer, I no longer technically have derivative asylum status. I was granted derivative asylum status on the grounds that I was the child of an asylee. However, because both of my parents are now U.S. citizens and not asylees, I am technically no longer the child of an asylee. So, basically, when I did send in an I-485, Application to Register Permanent Residence or Adjust Status, they sent me this crazy letter telling me I wasn't allowed to ask for a Green Card through derivative asylum because I wasn't actually a derivative asylee anymore. At least, that's my understanding.

When I first got that letter, I cried, because I also thought they were telling me that I was now an illegal. But, the letter also said that the fact that I was no longer a derivative asylee didn't affect my asylum status! The letter said I could still stay and work in the United States! It doesn't make any sense to me, but my lawyer says I'm not an illegal, and that The Man isn't going to come after me. She says that they can't take my asylum away, even though I don't have derivative asylum status. It's really weird :confused:
 
Also, to God_is_Green in particular, I do have a steady boyfriend, and we are very much in love. As a young lady, I am looking forward to getting married one day. We are serious about our relationship, and have discussed marriage before

If you file a new case, you will be facing interview with AO and if you express inconsistent or fraud statement, it will be a problem, cause everything you say or mention will be saved. People usually make things complicated because they become nervous at the time of interview. So if you trust your partner and think that's the right person for rest of your life, I would try that.
 
Hey Mental Asylee..I am in the same position as you are. I applied for my GC and was denied because my father became a USC. I am an asylee now. My lawyer told me to apply for asylum on my own. What options did you choose? Please email me adam23ky@yahoo.com thanks and best of luck to you!!!!!
 
Hey Mental Asylee..I am in the same position as you are. I applied for my GC and was denied because my father became a USC. I am an asylee now. My lawyer told me to apply for asylum on my own. What options did you choose? Please email me adam23ky@yahoo.com thanks and best of luck to you!!!!!

Your Greencard is denied not becuase your father became USC, but you came to the US as dependent on your father's asylum and you became over 21. Normally, if this is the case, you need to fill out asylum application. The process is called Nun Pro tuck and is a formally. You don't need to prove any past prosecution. Once your asylum case is approved, then they will backdate it to time your father was granted asylum. then you would be able to file for greencard. Make sure you don't claim dependents in your application. If you do then you will have to prove fear and prosecution just a new asylee would.

If there is another reason other than aging out (over 21), then disregard my advise here
 
Your Greencard is denied not becuase your father became USC, but you came to the US as dependent on your father's asylum and you became over 21. Normally, if this is the case, you need to fill out asylum application. The process is called Nun Pro tuck and is a formally. You don't need to prove any past prosecution. Once your asylum case is approved, then they will backdate it to time your father was granted asylum. then you would be able to file for greencard. Make sure you don't claim dependents in your application. If you do then you will have to prove fear and prosecution just a new asylee would.

If there is another reason other than aging out (over 21), then disregard my advise here

Thanks! So if my application is approved, do I have to wait one year to apply for GC? Thanks again
 
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