More: Over 21, Do I need to file new Asylum case?

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sophie1

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Hi guys, thanks for the information. This is first forum that has actually responded to my concerns. Let me give you some more info on my case

1.) I am not married yet and have never been married, this will be my first marraige (wedding set for August 06)
2.) INS renews my EAD every year without any problems.
3.) The family was requested to appear for fingerprinting and background checks in June of last year
4.) Case was filed in 1992 which was when the US had the largest number of Asylum applications filed ever, as a result I think our case was stuck in the huge back log of cases still pending. My parents hired a lawyer to file the initial application in 1992, and he has stated that all of his cases except for ours has gone though INS efficiently, and was approved. I don't think there is anything wrong with the case it's just been stuck pending.
5.) I have been in the US since I was 4 years old. This is the only home I know. I can't even speak my native langauge and have never been back. Ihave schooling from K-Master os Arts in the US. Will INS consider this when making a decision?

Here is the original post if you are interested in reading it.

Hi, my parents filed an I-589 application in 1992. I was 12 years old at the time. I was told recently by a woman at the asylum office that I should have filed a new application independently when I turned 21. Is this true? I thought that because of the CSPA Act I could not lose benefits due to aging out. Please help me, I was told that we may finally have our interview this summer after 14 years of our case pending. The woman was very vague and did not give a specific date. I don't want to make any mistakes that may hurt us.

Sophie

Also, I am getting married in August. If I am married before the inteview will that affect me? If we are granted asylum, can I list my husband on my green card application? If so, will he be granted a GC when my application is approved?
 
sophie1
Also, I am getting married in August.
What is your fiancee's status? Asylee, refugee, parolee, PR, USC? This piece of information is crucial.
 
sophie1 said:
Hi guys, thanks for the information. This is first forum that has actually responded to my concerns. Let me give you some more info on my case

1.) I am not married yet and have never been married, this will be my first marraige (wedding set for August 06)
2.) INS renews my EAD every year without any problems.
3.) The family was requested to appear for fingerprinting and background checks in June of last year
4.) Case was filed in 1992 which was when the US had the largest number of Asylum applications filed ever, as a result I think our case was stuck in the huge back log of cases still pending. My parents hired a lawyer to file the initial application in 1992, and he has stated that all of his cases except for ours has gone though INS efficiently, and was approved. I don't think there is anything wrong with the case it's just been stuck pending.
5.) I have been in the US since I was 4 years old. This is the only home I know. I can't even speak my native langauge and have never been back. Ihave schooling from K-Master os Arts in the US. Will INS consider this when making a decision?

Here is the original post if you are interested in reading it.

Hi, my parents filed an I-589 application in 1992. I was 12 years old at the time. I was told recently by a woman at the asylum office that I should have filed a new application independently when I turned 21. Is this true? I thought that because of the CSPA Act I could not lose benefits due to aging out. Please help me, I was told that we may finally have our interview this summer after 14 years of our case pending. The woman was very vague and did not give a specific date. I don't want to make any mistakes that may hurt us.

Sophie

Also, I am getting married in August. If I am married before the inteview will that affect me? If we are granted asylum, can I list my husband on my green card application? If so, will he be granted a GC when my application is approved?
Click to expand...

Sophie: In my understanding there are two ways in which children are considered adults. If you remain under 21, you will be considered a child. Over 21, you have nothing to do with your parents and you have to do immigration business on your own, unless there is special situation. The second way is when you marry even though you are under 21. In this case, you will be considered a separate unit of family out of your parent's control.

Your question as to whether marriage will affect your status or not is multi-dimentional. First of all, you are over 21. In this case, you are independent of your parents already. Marriage does not help or hurt at all. You will need to get your own asylum whether you want to include your wife or not is up to you; and whether your wife will be approved along with you will depend on many factors and how the interviewing officer views it.

Your suggestion that you have been living in this country until when you were young is solid supporting factor but is not grounds on which asylum can be granted. In the interview, you must convince the interviewing officer that you are a refugee and that going back your country will subject you persecution. Some times you may feel that you have been living in this country for many years and that you are eligible for asylum. There are thousands of children who came here as child went through high school and graduated from universities, but do not have approved asylum. So don't take for granted that you will be approved. Prepare a solid case that persuades the interviewing officer to grant you asylum. Make sure you undersand that your parent's case details and build on that
 
Hi Sophie,

I have a friend who was granted entry to the US in 1995 based on her father's case (she was under 21 at that time). But their case took a long time and meanwhile she turned 21 and the immigration officer told her she needs to file a seperate case for her since she is over 21 now (she is not married). But what she was told was that she doesn't need to say she is persecutted in her country and stuff. She just had to file the 485 just to follow procedure and include a copy of her father's case. She also included a letter explaining that she is filling the form based on her father's case. She has not been approved yet but she has completed all her medical, Biographic info and her fingerprints (done in Oct 2005). She is now just waiting for her green card.

Based on this, I think you should only file 485 based on your parents' case, but I don't think you have to prove that you personally fear persecution. I will ask her about her case in detail and I will get back with you with more info. Good luck (immgration case as well as your upcoming marriage)!
 
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