If an asylee gets divorced, looses the status?

C

Chila

New Member
A couple married in a foreign country applied and obtained political asylum in the US. Marriage couldn't survive the difficulties this process has. They want to divorce. Will one of them loose the asylee status if they do?
 
In general the answer is no. The person who was granted derivative asylum can as a matter of fact continue the green card application by going through a special process called "nunc pro tunc."

There are exceptions to this though. An example would be if one spouse is from China and the other one has German citizenship. If they got asylum because of the Chinese person's politics in China, then if they divorce the german spouse cannot keep her asylum status.

get my point?
 
Not different countries in this case, but political situation obviously. Only the wife who was not the main applicant, has sent application for permanent residency for her and their son... will she loose status if divorced?
Thanks,
C
 
Chila said:
Not different countries in this case, but political situation obviously. Only the wife who was not the main applicant, has sent application for permanent residency for her and their son... will she loose status if divorced?
Thanks,
C
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I already answered the question. :p

Again the answer is no.

The wife needs to go through the nunc pro tunc process if she wants her green card as I assume she does.

Theh kid does not need to do anything special as long he stays single.
 
thankful said:
In general the answer is no. The person who was granted derivative asylum can as a matter of fact continue the green card application by going through a special process called "nunc pro tunc."
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This is not true. Although she could stay here indefinitely as an asylee, she would be able to adjust to a LPR because she is no longer a derivative spouse. She also does not qualify for nunc pro tunc aslyum because she is no longer a spouse. She would have to apply for regular asylum on her own merits.
 
windchime
Please, do not post misleading information on the subject. I was a derivative in the asylum case, divorced PA a few years later and filed nunc pro tunc recently. With all due respect - your information is incorrect.
 
Morning said:
windchime
Please, do not post misleading information on the subject. I was a derivative in the asylum case, divorced PA a few years later and filed nunc pro tunc recently. With all due respect - your information is incorrect.
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Well, I stand by what I said to Betty. In your case, if I understand correctly, you derived your asylee status as a spouse from your PA husband, but now is divorced and is filing nunc pro tunc so you could adjust to LPR, is that correct? If that is the case, I am sure your Nunc Pro Tunc application would be denied because you are no longer a derivative.

Just my 2 cents since I am not a lawyer and is not here to give legal advice. Just wanna share whatever little knowledge about immigration I have.
 
windchime said:
This is not true. Although she could stay here indefinitely as an asylee, she would be able to adjust to a LPR because she is no longer a derivative spouse. She also does not qualify for nunc pro tunc aslyum because she is no longer a spouse. She would have to apply for regular asylum on her own merits.
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This is incorrect. The asylum division has allowed nunc pro tunc processing for divorced asylees for at least 7 years. In fact, with the passage of CSPA, the vast majority of nunc pro tunc cases are now for former spouses.

Order a copy of the Affirmative Asylum Manual and look it up.
 
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Morning said:
windchime
Please, do not post misleading information on the subject. I was a derivative in the asylum case, divorced PA a few years later and filed nunc pro tunc recently. With all due respect - your information is incorrect.
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Morning, you will have no problem unless there are special factors like the marriage was fraudulent or if you have German citizenship or something.
 
thankful said:
This is incorrect. The asylum division has allowed nunc pro tunc processing for divorced asylees for at least 7 years. In fact, with the passage of CSPA, the vast majority of nunc pro tunc cases are now for former spouses.

Order a copy of the Affirmative Asylum Manual and look it up.
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If what you are saying is correct, why wouldn't the service center just grant her adjustment of status application rather than sending it back to the asylum office for processing? If she is already an asylee why is she giving a nunc pro tunc interview? The only reason I can think of is because she lost that derivative status when she divorced the PA. Once they found out she is no longer a derivative, they would just give her a regular affirmative interview.
 
windchime said:
If what you are saying is correct, why wouldn't the service center just grant her adjustment of status application rather than sending it back to the asylum office for processing? If she is already an asylee why is she giving a nunc pro tunc interview? The only reason I can think of is because she lost that derivative status when she divorced the PA. Once they found out she is no longer a derivative, they would just give her a regular affirmative interview.
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The whole point of the nunc pro tunc process to allow former derivatives to adjust based on the original grant date. I do not know what are you were trying to say. I do not know how this is confusing to you They do not give nunc pro tunc applicants a "regular affirmative interview", barring unusual
circumstances.
 
thankful
Thanks for the the manual - you are a life saver! I'm with annaraka on this! My marriage was real and my citizenship is not German, Swiss, British, etc. :D Besides, the original asylum case is based, primarily, on what happened to me even though I was a derivative. :(
 
to Morning

Morning said:
thankful
Thanks for the the manual - you are a life saver! I'm with annaraka on this! My marriage was real and my citizenship is not German, Swiss, British, etc. :D Besides, the original asylum case is based, primarily, on what happened to me even though I was a derivative. :(
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I'm derivative, still married on PA do I need file nunc pro tunc? If yes than WHEN? (I just missing the purpose of nunc pro tunc)
 
opinion said:
VERY HELPFUL, THANK YOU
were did you get this?? (if it is not a secret)
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From the AILA Infonet. But I am pretty sure it is already available in the public domain (otherwise I would not have posted it due to copy right issues).
 
opinion said:
I'm derivative, still married on PA do I need file nunc pro tunc? If yes than WHEN? (I just missing the purpose of nunc pro tunc)
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No you are fine.

The purpose of that process is to allow people who are no longer derivatives to obtain a grant of asylum in their own right so that they can get their green cards.

For spouses this happens when they divorce the principal or when the principal dies.

For derivative children it is now mainly when they get married and are no longer children in the eyes of the law (Under CSPA they most likely do not age out anymore).
 
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thankful

Hi Thankful

My problem is the same, but it has one difference. I am derivative asylum, but I was living again with my ex-wife (principal asylum granted), 1 year an half ago. When we received the BIO again and g325a, we were diverced in papers, and I sent the information with divorced. I received the Nunc Pro tunc I filled it, but we were married again when I did my Nunc pro Tunc. We have a child 1 year old. I have not received any information about my case. I received email that they transferred my case to local office. I don't have any letter from INS. I requested a info-pass appointment. I talked with the officer and she said my case was in Mesquite TX. I explained my problem. She said that "send a letter to them, request information about your case, and explain your situation". I did that almost a month ago. I don't have any answer. Do you think I am still on nunc pro tunc process?

ND Mar 2002
FP Jul 2004
Bio Oct 2005
FP Oct 2005
REF Nov 2005
Nunc Pro Tunc sent to USCI Dec 2005
LUP change Jan 2006
Info-pass Feb 2006
No answer :mad:
 
This is certainly an interesting situation. It is pretty novel. I am assuming that you two have legally remarried each other (if not then living together is not relevant for this). My best guess is that you have to do nunc pro tunc. Once you derivative right was terminated there is no way to revive it. Moreover, the principal cannot confer benefit on a spouse acquired after the asylum grant (which is probably how the remarriage would be viewed).



jupise said:
Hi Thankful

My problem is the same, but it has one difference. I am derivative asylum, but I was living again with my ex-wife (principal asylum granted), 1 year an half ago. When we received the BIO again and g325a, we were diverced in papers, and I sent the information with divorced. I received the Nunc Pro tunc I filled it, but we were married again when I did my Nunc pro Tunc. We have a child 1 year old. I have not received any information about my case. I received email that they transferred my case to local office. I don't have any letter from INS. I requested a info-pass appointment. I talked with the officer and she said my case was in Mesquite TX. I explained my problem. She said that "send a letter to them, request information about your case, and explain your situation". I did that almost a month ago. I don't have any answer. Do you think I am still on nunc pro tunc process?

ND Mar 2002
FP Jul 2004
Bio Oct 2005
FP Oct 2005
REF Nov 2005
Nunc Pro Tunc sent to USCI Dec 2005
LUP change Jan 2006
Info-pass Feb 2006
No answer :mad:
Click to expand...
 
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Hi Thankful

My problem is the same, but it has one difference. I am derivative asylum, but I was living again with my ex-wife (principal asylum granted), 1 year an half ago. When we received the BIO again and g325a, we were diverced in papers, and I sent the information with divorced. I received the Nunc Pro tunc I filled it, but we were married again when I did my Nunc pro Tunc. We have a child 1 year old. I have not received any information about my case. I received email that they transferred my case to local office. I don't have any letter from INS. I requested a info-pass appointment. I talked with the officer and she said my case was in Mesquite TX. I explained my problem. She said that "send a letter to them, request information about your case, and explain your situation". I did that almost a month ago. I don't have any answer. Do you think I am still on nunc pro tunc process?

ND Mar 2002
FP Jul 2004
Bio Oct 2005
FP Oct 2005
"Nunc pro Tunc" send to USCIS Dec 2005
LUP change on Jan 2006
Inf-pass appointment Feb 2006
 
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