What is Derivative Asylum Status?

What is Derivative Asylum Status?

If you entered the U.S. as a refugee or received asylee status within the last two years, you can petition U.S. Citizenship and Immigration Services (USCIS) for certain specified family members to receive derivative refugee or asylee status. This two-year period, however, can be extended for humanitarian purposes. Derivative status is only available for spouses and children who are under the age of 21 when you first apply for asylum or refugee status. Furthermore, you must have directly received asylee or refugee status, not as a derivative status from one of your qualifying relatives. During the derivative asylum status application, you must remain in refugee or asylee status or have become a permanent resident, or obtained a green card. If you already have become a U.S. citizen through the naturalization process, then you cannot petition to obtain refugee or asylee status for a qualifying relative. Additionally, your relationship with your qualifying family member must have existed before you came to the U.S. as a refugee or were granted asylum. In other words, if you are seeking derivative status for your spouse, you must have been married before you entered the U.S. as a refugee or were granted asylum. Likewise, if you are seeking derivative status for your child, the child must have been conceived or born before you entered as a refugee or were granted asylum. You begin the process of applying for derivative status for your qualifying relative by filing a Form I-730, Refugee/Asylee Relative Petition with USCIS. You do not have to pay a filing fee along with this petition. If USCIS denies your petition for derivative status for your qualifying relative, you have no recourse. You cannot appeal the denial of this type of petition. Landerholm Immigration, A.P.C., knows federal immigration law and has the experience to guide you and advocate on your behalf throughout any type of deportation proceeding, no matter what the allegations may be. We are familiar with the wide range of defenses that are available to individuals facing deportation, and how to build the strongest defense that is available to you, based on the evidence relevant to your case. Contact your California deportation defense lawyers today, and discover what we can do for you.
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