Please help: Derivative Asylum Problems

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xdreamer299

New Member
Hello all...

I'll try to explain my issues in simple terms.

1. I was granted derivative asylum 2 years ago (based on my mom's asylum). Since then, I got married and turned 21. My application for a green card got denied because I "lost my derivative status". However, they sent me a letter stating that I still have the "asylum granted" status, and I can legally remain in the US, and also work with an EAD. I really want to get my green card, but my husband is a permanent resident, and it is going to take a while. This is so frustrating, after 8 years of immigration courts to get asylum granted, I can't get a green card. Is there anything else that I can do to adjust status?

2. My second question: Since I can't get a green card, I need a work authorization. But what category do I apply under? "C-8" category is for pending asylums only, but I have it granted, and no other category seems to apply to me.

Thanks a lot for your time!
 
The answer to your first question is that yes you will be able to get your green card by going through the nunc pro tunc asylum process. It is a fancy Latin phrase. The following information comes directly from the USCIS website:

The Asylum Program accepts new I-589 applications from derivatives who no longer meet the definition of a spouse or child of the principal asylee in order to provide such individuals with a mechanism to adjust status. These procedures apply to all derivatives no longer eligible to adjust status as a spouse or child regardless of whether they were granted asylum by an Asylum Office or an Immigration Judge or whether they entered the U.S. as an asylee pursuant to the approval of a Form I-730, Refugee/Asylee Relative Petition. If you are no longer the spouse or child of the principal asylee and you would like to apply to adjust your status to that of a lawful permanent resident, you should file a Form I-589 directly with the Asylum Office having jurisdiction over your place of residence. You should indicate in your filing that you would like to apply for asylum nunc pro tunc, and you should include identification documents, evidence of your grant of asylum, and any other relevant evidence.


This should be a relatively smooth process for you. Let me know if you have questions about it.

And you can work based on your preexisting asylum status; no EAD is required.
 
I think I brought this up before, but my parents applied for my GC (as asylees) about a month after my 18th birthday. I still got my GC, but wasn't I supposed to do the nunc pro tunc thing? I'm a derivative, but my GC actually says AS6. Just curious what you have to say about that. Sorry for hijacking this thread...
 
cafeconleche said:
I think I brought this up before, but my parents applied for my GC (as asylees) about a month after my 18th birthday. I still got my GC, but wasn't I supposed to do the nunc pro tunc thing? I'm a derivative, but my GC actually says AS6. Just curious what you have to say about that. Sorry for hijacking this thread...
Click to expand...

The age limit is 21 not 18. Plus if you were not married you probably would have been protected by the Child Status Protection Act of 2002.
 
The Asylum Program accepts new I-589 applications from derivatives who no longer meet the definition of a spouse or child of the principal asylee in order to provide such individuals with a mechanism to adjust status. These procedures apply to all derivatives no longer eligible to adjust status as a spouse or child regardless of whether they were granted asylum by an Asylum Office or an Immigration Judge or whether they entered the U.S. as an asylee pursuant to the approval of a Form I-730, Refugee/Asylee Relative Petition. If you are no longer the spouse or child of the principal asylee and you would like to apply to adjust your status to that of a lawful permanent resident, you should file a Form I-589 directly with the Asylum Office having jurisdiction over your place of residence. You should indicate in your filing that you would like to apply for asylum nunc pro tunc, and you should include identification documents, evidence of your grant of asylum, and any other relevant evidence.



Does this mean, those who no longer meet the definition of a spouse or child, has to file for new case(form 589) and prove that he/she also fear persecution?
 
Hi, my son is in the same position and his nunc pro tunc Application just returned by Asylum office.
They took away the copy of his father's original Asylum application and copy of the Approval Letter attached to the nunc pro tunc Application
and return other stuff with Notice in which they ask to answer all the questions in Part B (the questions 01, 01A&B, 02, 03A&B,04 - questions about torture and stuff like this).
Why did it happen? Do they have new Instructions?
Its unexplainable to me.

Now we gonna hire a good lawyer. So this is not that smooth and simple or we miss something important.

Need advice!
 
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