Is it true?

[The.Walker]

Hey all. First off, say someone has 2 kids, 1 in the US who was 20 at the time when he filed for asylum and the second one was 19 who lived in the country of origin. I thought that no matter where they lived, as long as the kids were under the age of 21, they would still qualify for asylum (family petition). Am I wrong? Second off, I heard a rumor earlier this afternoon. The rumor being some Indian families not being allowed to bring their kids to the US ( after filing the family petition ) as the kids had reached the age of 21 when the family petition was filed ( the kids weren't 21 when the asylee filed for asylum ). Is there any truth on that? Can someone relate to it?

 

[ccordova624]

The children MUST BE under 21 when the actual ASYLUM is GRANTED, in order to receive derivate asylum. The filing date doesnt matter at all.

Let say, a son was 19 by the time when his parents filed their asylum petition, and 2 years later when the son was 21 the asylum of their parents gets grant it, the son is NO longer elegible to receive derivate asylum from their parents since he is 21 at the time of the approval.

 

[thankful]

this is no longer correct

The children MUST BE under 21 when the actual ASYLUM is GRANTED, in order to receive derivate asylum. The filing date doesnt matter at all.

Let say, a son was 19 by the time when his parents filed their asylum petition, and 2 years later when the son was 21 the asylum of their parents gets grant it, the son is NO longer elegible to receive derivate asylum from their parents since he is 21 at the time of the approval.

That was true once upon a time. This was changed by Congress is 2002. The new rule applies to applications pending on or filed after August 6, 2002. It is the date of the filing that controls.

So if the child was 18 at the time her parents applied for asylum and the final decision to grant asylum was made four years later (after she turned 21) she can still be granted asylum as long as she is unmarried.

The new law is called the Child Status Protection Act. You can google it.

 

[thankful]

Hey all. First off, say someone has 2 kids, 1 in the US who was 20 at the time when he filed for asylum and the second one was 19 who lived in the country of origin. I thought that no matter where they lived, as long as the kids were under the age of 21, they would still qualify for asylum (family petition). Am I wrong?

You are correct; geography does not matter.

 

[The.Walker]

The children MUST BE under 21 when the actual ASYLUM is GRANTED, in order to receive derivate asylum. The filing date doesnt matter at all.

Let say, a son was 19 by the time when his parents filed their asylum petition, and 2 years later when the son was 21 the asylum of their parents gets grant it, the son is NO longer elegible to receive derivate asylum from their parents since he is 21 at the time of the approval.

I certainly appreciate your willingness to help but

" 4. Derivative Asylum Status

An asylee may request derivative asylum status for any spouse or child (unmarried and under 21 years of age as of the date the asylee filed the asylum application, as long as the asylum application was pending on or after August 6, 2002) who is not included in the asylum decision and with whom the asylee has a qualifying relationship. To request derivative asylum status, the asylee must submit a Form I-730, Refugee and Asylee Relative Petition, to the Nebraska Service Center, P.O. Box 87730, Lincoln, NE 68501-7730. The Form I-730 must be filed for each qualifying family member within two years of the date the asylee was granted asylum status, unless USCIS determines that this time period should be extended for humanitarian reasons."

http://www.uscis.gov/portal/site/us...nnel=3a82ef4c766fd010VgnVCM1000000ecd190aRCRD

Don't scare me like that please. I was 20 when my father filed for asylum and he was granted the asylum status after I turned 21!!! He's filed the derivative asylum for me and we're waiting for the result!

 

[The.Walker]

The children MUST BE under 21 when the actual ASYLUM is GRANTED, in order to receive derivate asylum. The filing date doesnt matter at all.

Let say, a son was 19 by the time when his parents filed their asylum petition, and 2 years later when the son was 21 the asylum of their parents gets grant it, the son is NO longer elegible to receive derivate asylum from their parents since he is 21 at the time of the approval.

Actually I found this :

"Q : What Happens if My Child Turns 21 After I Have Filed My Asylum Application?

Under the Child Status Protection Act, signed into law by President Bush on August 6, 2002, your child will continue to be classified as a child if he or she turned 21 years of age after your asylum application was filed but while it was pending. Your child must have been unmarried and under 21 years of age on the date that you filed your I-589. The “filing date” is the date that USCIS received your application.

There is no requirement that your child have been included as a dependent on your asylum application at the time of filing, only that your child be included prior to the decision made on your claim. This means that you may add to your asylum application an unmarried son or daughter who is 21 years of age, but who was 20 at the time you filed your asylum application."

http://www.uscis.gov/portal/site/us...nnel=3a82ef4c766fd010VgnVCM1000000ecd190aRCRD