How to Apply for Derivative Asylum for Family Members

As a refugee or immigrant in Tulsa, Oklahoma, navigating the complexities of the U.S. immigration system can be overwhelming. If you have been granted asylum and want to bring your family members to the United States, understanding how to apply for derivative asylum is crucial. This process allows qualifying family members to join you and find safety in the U.S. While each case is unique, this guide aims to provide you with practical steps, timelines, and essential documents needed to apply for derivative asylum for your loved ones.

Understanding Derivative Asylum

What is Derivative Asylum?

Derivative asylum is a legal provision that allows immediate family members of an individual who has been granted asylum to apply for asylum themselves. This includes spouses and children under 21 years of age. The primary asylum seeker must have been granted asylum status in order for family members to qualify.

Who Qualifies?

To qualify for derivative asylum, family members must meet specific criteria:

• They must be the spouse or child of the asylum seeker.
• They must be included in the asylum application or apply within two years of the principal asylum grant.
• They must meet the same eligibility requirements for asylum as the primary applicant.

Practical Steps to Apply for Derivative Asylum

Step 1: Gather Necessary Documents

Before beginning the application process, it is essential to collect all required documents. This includes:

• A copy of the principal asylum seeker's asylum approval notice.
• Evidence of the family relationship (e.g., marriage certificate, birth certificates).
• Identification documents for each family member (e.g., passports, national IDs).
• Any documents supporting the family member's claim for asylum.

Step 2: Complete the Application

Family members must complete the Form I-589, Application for Asylum and for Withholding of Removal. Each family member applying for derivative asylum must submit their own application. Pay attention to the following:

• Ensure all information is accurate and complete.
• Include the principal applicant's details as required.

Step 3: Submit the Application

Once all forms are completed and documents are gathered, submit the application to the appropriate U.S. Citizenship and Immigration Services (USCIS) office. Be sure to:

• Keep copies of everything you submit.
• Use a reliable mailing method to ensure your application is delivered.

Step 4: Attend the Interview

After submission, family members may be called for an interview with USCIS. During the interview:

• Be prepared to answer questions about your relationship to the principal asylum seeker.
• Provide any additional evidence if requested.

Step 5: Await the Decision

After the interview, it may take several months to receive a decision. During this time, your family members may be eligible to apply for a work permit. If granted asylum, they can apply for a green card after one year.

Common Pitfalls to Avoid

• Missing Deadlines: Ensure that applications are submitted within the required time frame.
• Incomplete Applications: Double-check that all fields are filled out and that all necessary documents are included.
• Not Seeking Help: Consider consulting an immigration lawyer or asylum attorney who can provide guidance tailored to your situation.

Checklist for Applying for Derivative Asylum

• Copy of the principal asylum seeker's approval notice
• Evidence of family relationship
• Identification documents for each family member
• Completed Form I-589 for each applicant
• Copies of all submitted documents

Frequently Asked Questions

How long does the derivative asylum application process take?

The processing time can vary, but it generally takes several months. It's essential to be patient and keep track of your application status.

Can I work while waiting for my derivative asylum decision?

Yes, once your family members have submitted their application, they may apply for a work permit. This can help them sustain themselves while awaiting a decision.

What happens if my derivative asylum application is denied?

If the application is denied, you may have options for appeal or other forms of relief. It is advisable to consult with an immigration lawyer for specific guidance.

In conclusion, applying for derivative asylum for family members can be a complex process, but understanding the steps involved can make it more manageable. If you need assistance or have questions about your case, contact an immigration lawyer or asylum attorney for support. For help with your case, call +1 918 221 9438 (phone or WhatsApp) or visit our consultation page at New Horizons Legal.

Disclaimer: This content is general information and does not constitute legal advice. For personalized guidance, schedule a confidential consultation.

This post is for general informational purposes only and does not constitute legal advice. Every case is unique. Consult a qualified immigration attorney to discuss your specific situation.

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