Can you become an asylee if you are a derivative refugee?
If you have already become a U.S. citizen through naturalization, you cannot petition to obtain derivative refugee or asylee status for a relative. However you may still be able to help family immigrate to the United States.
How old do you have to be to be an asylee?
Child (unmarried and under 21 when you first applied for asylum or refugee status) As the petitioner, you must be a principal refugee or asylee. This means that you were granted refugee or asylee status directly and did not obtain it through a relative.
How does derivative status work for family members?
For example, if a principal applicant qualifies for an employment-based first preference, his or her spouse and unmarried, under-21 children can “derive” that preference and gain immediately available visa numbers as well. The waiting line for the whole family is shortened. The U.S. Congress put certain limits on derivative benefits.
Can a derivative T nonimmigrant apply for adjustment?
Applicants who seek adjustment based on a derivative asylum grant or as a derivative T nonimmigrant may also still be eligible to apply for adjustment in light of INA 204 (l), despite the death of the qualifying relative. However, the applicant must establish eligibility for adjustment apart from the qualifying relative’s death.
Can a derivative asylee adjust his or her status?
A derivative asylee only loses the ability to adjust status as a derivative asylee, but may adjust status under another category if he or she can establish eligibility. 1. Surviving Spouse or Child of a Deceased Principal Asylee
When is a principal asylee no longer eligible for asylum?
Principal Asylee Who No Longer Meets Definition of Refugee and has Asylum Status Terminated If a principal asylee no longer meets the definition of a refugee and his or her asylum status is terminated, then a derivative asylee is also no longer eligible to adjust status.
Can a derivative spouse of a deceased qualifying relative?
The Immigration and Nationality Act (INA) was amended by the addition of Section 204 (l) which allows USCIS to approve an adjustment of status application for the derivative spouse or child of a deceased qualifying relative, including a derivative spouse or child of a deceased principal asylee.
Applicants who seek adjustment based on a derivative asylum grant or as a derivative T nonimmigrant may also still be eligible to apply for adjustment in light of INA 204 (l), despite the death of the qualifying relative. However, the applicant must establish eligibility for adjustment apart from the qualifying relative’s death.
Can a derivative refugee become an US citizen?
If you have already become a U.S. citizen through naturalization, you cannot petition to obtain derivative refugee or asylee status for a relative. However you may still be able to help family immigrate to the United States. See the Family of U.S. Citizens page for more information.
If you have already become a U.S. citizen through naturalization, you cannot petition to obtain derivative refugee or asylee status for a relative. However you may still be able to help family immigrate to the United States.
When does a derivative asylee accrue physical presence?
If the derivative asylee is living abroad when USCIS approves the relative petition, then the derivative asylee’s physical presence begins accruing on the date of admission as an asylee.
What are the requirements for adjustment of asylee status?
Applicants who fail to meet any of these requirements are statutorily ineligible for adjustment of status as an asylee. The Immigration Act of 1990 (IMMACT 90) added additional eligibility requirements to applicants granted asylum who wish to adjust status.