Over 21, Di need to file a new asylum application?

[sophie1]

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?

 

[thankful]

What is/was your marital status?


OMG--a case pending for 14 long years. How confident are your folks about the merit of the asylum application? The world political situation in 1992 was so different from today's.

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?

 

[peguin12]

You need a good attorney to represent this case

 

[ayyubov]

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?

You probably will need to file whtas called "NUNC PRO TUNC" USING I589 APPLICATION. It is not a big deal and you don't need a lawyer for that. If it is required the USCIS will let you know in writing as a part of adjustment proccess. So don't do anything unless you've been asked to. The Nunc Pro Tunc requires you to appear at the interview and you will get your asylum case approved and backdated to the original case date (your parents case). You don't need to prove that you have a fear to return to your country or answer similar questions. The interview is just a formality.

 

[thankful]

You probably will need to file whtas called "NUNC PRO TUNC" USING I589 APPLICATION. It is not a big deal and you don't need a lawyer for that. If it is required the USCIS will let you know in writing as a part of adjustment proccess. So don't do anything unless you've been asked to. The Nunc Pro Tunc requires you to appear at the interview and you will get your asylum case approved and backdated to the original case date (your parents case). You don't need to prove that you have a fear to return to your country or answer similar questions. The interview is just a formality.

If she has not married, she does NOT age out thanks to CSPA.

 

[ayyubov]

If she has not married, she does NOT age out thanks to CSPA.

Yes this is true. It applies only to situations when deriative asylee is getting married.

 

[faysal]

Slippery Slope

Sopie1: First of all welcome to this forum. We are a group of asylees who share some basic problems. We share our problems and experiences and provide valuable insights among us. We are not lawyers or immigration experts. So use the information we provide you with maximum care.

Second, back to your situation. It is really very difficulty and you need to take it very seriously. Any mistake you make now is very costly, and will have an impact on you the rest of your life.

In my understanding you don’t need to do Nucn Pro Tunc. My reasoning is your asylum application has never been approved. NPT applies to individuals whose asylum application was approved based on their espouse or their parents and who turned 21 or divorced their espouse. It is a process that restates the original asylum approval to the derivative on his own. It just establishes a separate file for the derivative. Since your parent’s case has been pending all this time, you are (I think) not eligible NPT because there is no asylum approval in the first place.


Coming back to the suggestion from the asylum office that you need to file a separate application, I think they were correct in this regard. The reasoning is since your parent’s application was never approved, and you have interview coming up, you will not be considered a child at this interview. You have to apply asylum on your own merit. Even if your parent’s asylum application is approved, you will not be able to derive asylum status, now you are over 21. You are not a child any more.

My suggestion: Since your parent’s asylum application has been pending for long time of period, it seems to me that something is wrong with it. Even the upcoming interview you never know what will happen. Your parents may even have forgotten the details of the case. I would advice you that you have better chance than your parents. Just fill out new application; if you have marital certificate for your fiancé attached to it and pictures. In your application, explain your circumstances and your parent’s pending asylum application. In this case, your case will move faster than your parents. You will have answer less than three months. And remember you can still remain your parent’s asylum application, go with them to the interview, and see what the asylum officer has to say. I think you should have nothing to with them now that you are over 21.

Bottom line: It is not a good idea to wait for your parent’s asylum application.

 

[faysal]

You probably will need to file whtas called "NUNC PRO TUNC" USING I589 APPLICATION. It is not a big deal and you don't need a lawyer for that. If it is required the USCIS will let you know in writing as a part of adjustment proccess. So don't do anything unless you've been asked to. The Nunc Pro Tunc requires you to appear at the interview and you will get your asylum case approved and backdated to the original case date (your parents case). You don't need to prove that you have a fear to return to your country or answer similar questions. The interview is just a formality.

Ayyubov: if you read carefully what sophie had said you would know that she does not even have asylum approval to begin with. The stuff you are talking about applies to people whose asylum was approved. There is nothing that is formality here. Her parents will have very rigorous asylum interview. They must prove that they can be granted asylum. Also, sophie here was a child at the time the application was filed. Now she is not. She has to apply on her own. Look at the case this way. There no asylum approval: there is not I-485 pending or file. All we have is pending asylum application, which can be denied or approved.

 

[ayyubov]

Ayyubov: if you read carefully what sophie had said you would know that she does not even have asylum approval to begin with. The stuff you are talking about applies to people whose asylum was approved. There is nothing that is formality here. Her parents will have very rigorous asylum interview. They must prove that they can be granted asylum. Also, sophie here was a child at the time the application was filed. Now she is not. She has to apply on her own. Look at the case this way. There no asylum approval: there is not I-485 pending or file. All we have is pending asylum application, which can be denied or approved.

My bad, I missed that part.

 

[faysal]

Final point: I don’t think that “CSPA Act” will protect you. Since your asylum application was never approved, CSPA Act has nothing to do with you. There is no basis on which it can protect you. We would have discussed whether it protects you or not if you had asylum approval and a pending I-485 now, but since you have no asylum granted in this country, that does not protect you……

 

[frombasra]

Final point: I don’t think that “CSPA Act” will protect you. Since your asylum application was never approved, CSPA Act has nothing to do with you. There is no basis on which it can protect you. We would have discussed whether it protects you or not if you had asylum approval and a pending I-485 now, but since you have no asylum granted in this country, that does not protect you……

This is completely wrong. The main point of the CSPA is to protect minor asylum applicants who age out. The CSPA deals with approved asylees as a secondary consideration.

 

[sbernal]

well good luck Sophie. I was in the same situation. I was 21 when our case was finally called upon. I think our attorney filed a new one for me and another one for my brother, but it was based on my mother's same asylum case. My mom got hers approved first and then we got ours. It is very important that you get a good lawyer, in case you go to the judge. Also get someone who can coach you on what to say in the asylum interview. You'd be surprised how many people squander an asylum case because in the interview they talk about how nice living in America is, and how they bought a brand new car, forgetting about the main reason to be an asylee.

 

[faysal]

This is completely wrong. The main point of the CSPA is to protect minor asylum applicants who age out. The CSPA deals with approved asylees as a secondary consideration.

What age out and protection are you talking about? There is no age out here. We have asylum application pending. No approval whatsoever. Read the posts carefully. You are right in saying that CSPA protects minor asylum applicants, but this is true when your asylum is approved.

 

[thankful]

Final point: I don’t think that “CSPA Act” will protect you. Since your asylum application was never approved, CSPA Act has nothing to do with you. There is no basis on which it can protect you. We would have discussed whether it protects you or not if you had asylum approval and a pending I-485 now, but since you have no asylum granted in this country, that does not protect you……

The CSPA fully protects unmarried asylum applicants in Sophie's situation. It was exactly to address the plight of people like her that Congress passed the asylum provisions of CSPA.

Example I: A is an adult and B is A's daughter. If B is under 21 on the date A files for asylum, B locks in that date for her benefit. As long as she stays unmarried, she will be granted asylum as a derivative child if/when A is granted asylum. It does not matter how long it takes the USCIS to grant the case. B's age becomes a non issue under CSPA.

Example II: the situation would be very different BEFORE CSPA was passed. Then the asylum grant to A had to occur before B's 21 birthday. If A was granted asylum after B's 21st birthday, B would be out of luck and would have to file her case.

 

[thankful]

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?

Sophie,

You are right under CSPA if you are single you do not age out and you will stay on your parents' application.

However the situation changes as soon as you marry--you will no longer be part of your parents' pending application and you will have to submit a new one on your own.

 

[banti2007]

Please Help Urgent: CSPA for F2B - Could not get visa call with my mother.....

Hi guys,

I search on net about information related to my case but in this forum i found some proper answers which is closely related to my case.

Kindly please help me in following case.

My grandmother is permanent resident (Green Card Holder) and she filed for visa under F2B category for my mother in august 1997. As my mother is divorcee so she become a immidiate relative. At the same time my grandmother added my and my sister's name in the petition. We were 15 and 12 years old respectively at that time. Now in august 2006 we got priority date and our no. is current. We filled DS-230 for my mom, me and my sister and NIC sent all papers to Mumbai office in July, 2007. Me and my sister are aged out and 26 and 23 years respectively. But we completed our age out after 6th August 2002 so CSPA would be applied on us.

My mother got visa call from Mumbai Office for 4th October but the call is for my mother only. We are seeking guidance in it. Is there any procedure to get call letter from bombay office?.

If no visa call then me and my sister can not enter with my mom for interview.

Kindly please guide us. I really tried to contact no. of people and even lawyers but could not get proper answers. Please let me know how to get visa call?

My mother got visa call from Mumbai Office on 4th October but the call is for my mother only. We are seeking guidance in it. Is there any procedure to get call letter from bombay office?.

If no visa call then me and my sister can not enter with my mom for interview.

Kindly please guide us. I really tried to contact no. of people and even lawyers but could not get proper answers. Please let me know how to get visa call?

 

[vdostoi1]

Hi guys,

I search on net about information related to my case but in this forum i found some proper answers which is closely related to my case.

Kindly please help me in following case.

My grandmother is permanent resident (Green Card Holder) and she filed for visa under F2B category for my mother in august 1997. As my mother is divorcee so she become a immidiate relative. At the same time my grandmother added my and my sister's name in the petition. We were 15 and 12 years old respectively at that time. Now in august 2006 we got priority date and our no. is current. We filled DS-230 for my mom, me and my sister and NIC sent all papers to Mumbai office in July, 2007. Me and my sister are aged out and 26 and 23 years respectively. But we completed our age out after 6th August 2002 so CSPA would be applied on us.

My mother got visa call from Mumbai Office for 4th October but the call is for my mother only. We are seeking guidance in it. Is there any procedure to get call letter from bombay office?.

If no visa call then me and my sister can not enter with my mom for interview.

Kindly please guide us. I really tried to contact no. of people and even lawyers but could not get proper answers. Please let me know how to get visa call?

My mother got visa call from Mumbai Office on 4th October but the call is for my mother only. We are seeking guidance in it. Is there any procedure to get call letter from bombay office?.

If no visa call then me and my sister can not enter with my mom for interview.

Kindly please guide us. I really tried to contact no. of people and even lawyers but could not get proper answers. Please let me know how to get visa call?

This is the wrong forum to post this in. Maybe the moderators can move this to an appropriate forum.