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

Asked 11 months ago - 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?

Attorney answers (3)

  1. Gintare Grigaite

    Contributor Level 18

    1

    Lawyer agrees

    Answered . "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... more
  2. Cynthia Beth Rosenberg

    Contributor Level 16

    1

    Lawyer agrees

    Answered . 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... more
  3. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . 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... more

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