I-485 for derivative asylum seeker?

L

Lincoln

Registered Users (C)
Hello, Gurus on this forum,

I applied for asylum for my mother-in-law on 8/2001, it
was approved on 1/3/2002. I then filed for derivative application
for her husband on 8/6/2002, the application is still pending.
She is in the US while her husband is in China.

on 1/3/2003, one year after her asylum approval, I will be
able to file I-485 for her.

My concern is can I file an I-485 for
her husband concurrently?
I don't know if I can get his approval by that date.

Do I need to wait and see what happens for his derivative
application?

I appreciate your help!
 
The derivative can file an adjustment application only after s/he has been admitted to the US as a derivative and has lived here for a minimum of one year under derivative status.
 
Last edited by a moderator:
Gilbert

Hi, Gilbert,

Thank you for the info.
If her husband gets the derivative application approved, will he be able to come back and forth between US and his home country?

I think with derivative status, he is regarded similar to an asylee, then he can travel with advanced parol, right? Plus, he shouldn't have reentry problem because he is not the primary asylum
applicant. Am I correct?
 
First, people with approved asylum status do NOT travel on advance parole.

They trave on a Refugee Travel Document, which is issued by INS and serves like a passport.

As to "come back and forth between US and his home country", it is not recommended because it can open a large can of worms. At the very least, the peson should consult with an asylum-law attorney before leaving the country.
 
But is derivative different?

Hi,
I understand that the primary asylee is not safe to travel back to his/her home country.

However, my question is for the derivative applicant, (in this case, her husband), who is not in the US now. After the derivative applicaion is approved, I know he can come to US, can he goes back to his home country safely, say after 5 months' staying here?

I appreciate your advice !
 
If he is so eager to return, why does he want to come to the United States in the first place? No one forces him to.
 
Reasons

Hi,
He has a minor age daughter to take care of in China, that is
why we ned to prepare for his return after he comes. You know,
family obligations....

Any thoughts on this?
 
Right

That is right, however, we decided not to include her since she
needs to complete her education in China...and we are unable to support so many dependents financially...
 
Re: Right

Originally posted by Lincoln
That is right, however, we decided not to include her since she
needs to complete her education in China...and we are unable to support so many dependents financially...
Click to expand...

life is hard...
we all need struggle for better life...:rolleyes:
 
Re: questions

Originally posted by Lincoln
That is right, however, we decided not to include her since she
needs to complete her education in China...and we are unable to support so many dependents financially...
Click to expand...

How old is this young lady and when do you plan to bring her here (as I assume you want to at some point)?
 
Re: But is derivative different?

Originally posted by Lincoln
Hi,
I understand that the primary asylee is not safe to travel back to his/her home country.

However, my question is for the derivative applicant, (in this case, her husband), who is not in the US now. After the derivative applicaion is approved, I know he can come to US, can he goes back to his home country safely, say after 5 months' staying here?

I appreciate your advice !
Click to expand...

Lincoln,

First, people with approved asylum status ( No matter primary asylee or derivative asylee) do not travel on advance parole.
They will trave on a Refugee Travel Document, which is issued by INS and serves like your nation's passport.

Second, as a derivative asylee (her husband in case), he can come to USA for family reunion upon his application is approved; Then, he even also CAN go back to his homeland safely, actually whatever your status is or even out of status, nobody will check your identity and destination when you pass the U.S Customs for leaving;

Third, however, when he returns to the USA, he will be got in trouble when passing the U.S Customs. The reason is very simple. The status he based to re-enter is only on the derivative asylee, but because he came back from his homeland, this status has already been ruined and losed. How can an INS official let people enter the border if you are not on any visa status?

Robin
 
Thank you all

Hi,
Thank you all for these nice and constructive comments. I do appreciate this online community.

About his minor daughter, she is approaching 21 and ready to
enter college in China. So I don't expect to bring her to the US.
I think everyone shall choose her own course of life, instead of depending on anyone.

After listening to all the comments, I've a better idea about how to handle this situation now...Thanks !
 
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