Can my husband still help me apply for derivative asylee if his application was denied before & now is in the process of appeal?

Asked almost 3 years ago - Chicago, IL

My husband was denied in his first application for asylum , then he filed an appeal which was still denied. After he filed another appeal, we had baby and then got married in the USA.

So can my husband still help me apply for derivative asylee even if his application was denied before & now is in the process of appeal?

And if his final appeal is denied, what is gonna happen to us?

Additional information

I mean, can my husband amend his application to add me join this application together?

Attorney answers (3)

  1. Scott D. Pollock

    Contributor Level 17

    1

    Lawyer agrees

    Answered . If your husband's appeal is successful, he may file an I-730 for you, As long as the marriage occurred before a grant of asylum, spouses and children may be included.

    Scott D. Pollock
    www.lawfirm1.com

  2. Wolf W Kaufmann

    Contributor Level 15

    Answered . Derivative asylum is only possible if the principal's asylum application was approved.

    Wolf W. Kaufmann
    Southern California Immigration Attorney
    www.wolfklaw.com
    951-710-3250

    No client-attorney relationship is being created by this posting. Please contact an attorney with questions about your case.

  3. J Charles Ferrari

    Contributor Level 20

    Answered . You can only be a derivative if the asylum application is granted.

    You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts... more
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