For individuals who are married and or have unmarried children under the age of 21, their spouse and children can be granted refugee and asylum along with their parents at the time of applying for asylum or after as “derivatives.”
Spouses and Children of an Asylee Beneficiary Can Obtain Derivative Status
In order to accomplish this, your spouse and children will need to provide proof of their family relationship to you in the form of a marriage certificate or birth certificate with English language translations if you are applying for asylum in the U.S. If you do not have a marriage certificate because you entered into an informal or “camp” marriage while fleeing persecution and you had no other choice, the United States Citizenship and Immigration Services (USCIS) can make an exception for you. Ask an immigration law expert for more information on this exception.
Like any other applicant your family members might be allowed to live and work in the U.S. as well as apply for lawful permanent residence within one year of acquiring their asylum status.
U.S. Immigration Benefits for More Distant Family Members of Asylees
Unfortunately, asylee or refugee beneficiaries will not be able to attain derivative status for their distant relatives such as:
- Parents
- Brothers or
- Sisters
To be able to help more distant relatives to immigrate to the U.S., you will need to apply for U.S. citizenship as soon as possible after becoming a lawful permanent resident. Filing asylum applications for more distant relatives is something that can be discussed with an immigration lawyer. Then you will be able to petition to have your parents, married children, children over age 21 and siblings immigrate to the U.S.
However, other than your parents (who are considered “immediate relatives”), these relatives will likely face long years of wait time before a U.S. green card is issued to them. Long wait times are due to annual limits on the visa number given out, and a resulting waiting list based on a priority date.
Application Process If Your Family is in the U.S. or Will Travel With You to the U.S
Simply, including the names and information on your application for asylum should suffice to obtain asylum status along with you if they are already in the U.S.
If your spouse and children experienced separate persecution, then having them submit their own applications for refugee or asylum status is also possible. In fact, it might be a good idea, just in case your application is denied. Then you would become your spouse or child’s derivative.
Application Process Once Your Immediate Family is Not Yet With You in the U.S.
When you are traveling separately from your spouse and children and you are granted refugee status while they are outside the U.S. you will need to submit a separate application for refugee or asylum petitioning with USCIS that they are permitted to join you.
Note that every immigration application has a deadline. You must submit an asylum application within two years of obtaining your refugee or asylee status. Consult with an attorney when filing a refugee or asylum status.
Visit Your Local Immigration Law Firm
Preparing an asylum or refugee immigration application in the U.S. can be very challenging if you are not familiar with the application processes. If you visit with an immigration attorney within your area you are more likely to have a higher success rate of getting an approval for your refugee or asylum application. Why not give the Gambacorta Law Office a call at 847 443 9303 to get the help you need?