Question: is my son out of status?

I

Irina_C

Registered Users (C)
I hope someone can answer my question.
My family was granted asylum in 1997, we filed I-485 in September 1998 and were fingerprinted in March 2000( I know it is expired already).. That time my son was under 21 years old. We still waiting for the interview . Now he is 22,5 and I was tolled by someone that he is out of age and we have to fill out a separate asylum app for him based on our case before the interview. Is this a true or I can leave it as is?
Thank you , Irina
:confused:
 
you should wait and see

Major change to the immigration law took place on August 6th. A reasonable interpretation of the change is that a new asylum application is not necessary anymore in situations like this. So you should wait and see how the INS is going to implement the new law.
 
Irina,

You (as well as others) may want to know that the INS's chief legal officer has determined that asylee children who age out before receiving green cards do NOT have to submit a new asylum application.

So your son will have a less thing to worry about unless he wants to get married. In that case, he is required to submit a new asylum application to an asylum office. But his wife does NOT derive any benefits from him by virtue of his application.

Best.
 
Last edited by a moderator:
Originally posted by Gilbert
Irina,

You (as well as others) may want to know that the INS's chief legal officer has determined that asylee children who age out before receiving green cards do NOT have to submit a new asylum application.

So your son will have a less thing to worry about unless he wants to get married. In that case, he is required to submit a new asylum application to an asylum office. But his wife does NOT derive any benefits from him by virtue of his application.

Best.
Click to expand...


It's really a trouble if an asylee wants to get married before he get his Greencard..
any good suggestions for solving this problem?
 
no good solution

My understanding is that you should not experience difficulty yourself if you marry before you get your greencard. Technically you will no longer be a minor. You will just have to fill out a new asylum application, have your fingerprints taken and go to the asylum office for a pro forma interview. You will be given a new asylum approval letter. The point is unlike in other immigration contexts, marriage will not cost you the approval.

The problem is getting a status for your spouse if she has none here. There is no easy solution. If you, your parents and your spouse are from the same country, then it is possible for her to file an asylum case on her own and let the BCIS know of her relationship to you. I am aware of 9 or 10 such examples.


Originally posted by kelvin2088
It's really a trouble if an asylee wants to get married before he get his Greencard..
any good suggestions for solving this problem?
Click to expand...
 
Re: no good solution

Originally posted by Gilbert
My understanding is that you should not experience difficulty yourself if you marry before you get your greencard. Technically you will no longer be a minor. You will just have to fill out a new asylum application, have your fingerprints taken and go to the asylum office for a pro forma interview. You will be given a new asylum approval letter. The point is unlike in other immigration contexts, marriage will not cost you the approval.

The problem is getting a status for your spouse if she has none here. There is no easy solution. If you, your parents and your spouse are from the same country, then it is possible for her to file an asylum case on her own and let the BCIS know of her relationship to you. I am aware of 9 or 10 such examples.
Click to expand...


Thank u for ur suggestions anyways....
it's true that no perfect exists. I don't make the potential her not able to go back her hometown, seeing her parents...such a painful thing it is...u know she has no family here, not like me:(
 
Kelvin,

your best bet is to marry (a real marriage of course) a girl with an American passport and to get your gc that way. I think you can go to Canada, get your visa from the US consulate there and come back as a pr. You can get your citizenship in three years and beat me to the punch too :p
 
Thank you Gilbert for your replay, I am impressed with your memory!
I posted this message a long time ago. My son is to yang to get married, but he has to prove his status every year in college.
Thank you again ! I am glad that you had a nice trip.
-Irina
 
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