New York Lawyer's Legal Updates

Can I Bring my Family to the US After I Received an Asylum Status?

Author: Law Office of Alena Shautsova

A person granted asylum in the United States may bring his spouse and children (unmarried and under 21 at the time the USCIS receives the application for asylum).

Such an application (FORM I-730) has to be filed within the two years after the grant of asylum. However, failure to file within 2 years can be excused for humanitarian purposes.

SPOUSES Who Live Abroad:

If an asylee would like to bring his or her spouse to the US, the following conditions must be met:

  • An asylee must be the principle applicant: it means that he or she was the person who applied for asylum and was granted asylum, and not received the status though a relative;
  • An asylee remains in asylee status or has become a permanent resident;
  • An asylee was married to the spouse he or she is petitioning for before he or she was granted asylum.

Same rules apply to spouses who live in the US, and who were not included in the application but became married to the asylum applicant before he or she received the asylum status.

CHILDREN Who Live Abroad:

If an asylee would like to bring his or her spouse to the US, the following conditions must be met:

  • An asylee must be the principle applicant: it means that he or she was the person who applied for asylum and was granted asylum, and not received the status though a relative; 2) An asylee remains in asylee status or has become a permanent resident;
  • A child was conceived prior to the grant of asylum: the mother of the child, if not married to the asylee prior to the grant of asylum is not eligible for these benefits;
  • on the basis of an employment-based petition; or
  • A child was under 21 on the date the USCIS received application for asylum. (True for I-589 filed on or after August 6, 2002);
  • A child is unmarried.

SPOUSES and CHILDREN Who Live in the United States and Were Included in the Application for Asylum:

Spouses and children who are with the applicant in the United States and were included in the applicant's Asylum application will receive status automatically as derivatives of the main applicant.