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Hi, will my application for the derivative asylum be canceled if I divorce my husband prior to the interview for the asylum?

Highland Park, IL |

We have been in the process for asylum for 16 months now, with some delays from my husband we are still waiting for the interview date and we were denied the work authorization. If I get divorced now will I still be in the removing proceedings if he doesn't pass the interview? Will I be eligible for nunc pro tunc asylum if he passes the interview?

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Posted

"Will my application for the derivative asylum be canceled if I divorce my husband prior to the interview for the asylum?" Yes.

Contact immigration lawyer Gintare Grigaite, Esq. of Grigaite & Abdelsayed, LLC at 201-471-7989, located in New York and New Jersey, for a consultation about your immigration case. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.

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Posted

yes your asylum will no longer ride on his. You may have to refile on your own i fyou also have an asylum claim.

Under the guidelines set by AVVO, this response is general information only and not specific legal advice, and no attorney client relationship is formed by this response to your question.

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Posted

Yes, you will no longer be a derivative because of the divorce.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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