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Immigration Court Derivative Asylum Issue and I-730 Petion

New York, NY |

I was granted asylum (defensive) by an immigration judge. My spouse who was in proceedings with me was granted derivative status at the same court hearing. I was told derivative status would be afforded to my minor child who was not in removal proceedings. We (all three) went to the field office to get our I-94's but I was told my child was not granted and I have to file an I-730 petition. I am really confused by this because I had the child included (attorney filled out application) on my I-589 along with my spouse. Been waiting for a response to my I-730 petition which I filed by myself 5 months ago. My child already did biometrics 5 months ago. Since then I have not heard from them. Is this normal for processing time and how derivative asylum was not granted to him back in court ?

Attorney Answers 4


  1. This question should be answered by your immigration attorney who prepared and filed your Asylum application in court and who otherwise handled your case, since he/she is familiar with all the facts of your case and applications and we here are not. It would thus be unfair both to you and your attorney for any of us give you general, non case-specific answers.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. I agree with my colleague. You need to discuss this with your immigration attorney who is familiar with the facts of your case. I you are doubting his/her advice, you could take a copy of your immigration file to another attorney and get a second opinion.

    The answers offered here are purely informational and do not create an attorney-client relationship. For more detailed information or to schedule a consultation please contact our office at (718) 924-2896.


  3. As you are questioning work handled by you current attorney, you may want to have a second opinion with full file to be presented for consultation.

    The above is intended as general information only and cannot be relied upon as legal advice. Call (212)880-1538 for detailed evaluation of your case. Laws change constantly and vary from state to state. The legal principals discussed may differ substantially from your personal situation. Therefore, You should consult an attorney about your particular situation. Visit us at WWW.USIMMIGRATIONPLUS.COM Contact Immigration Law Offices of Tsirina Goroshit at 275 Madison Avenue, 4th Floor New York, NY 10016


  4. The Immigration Court had no jurisdiction to grant your child derivative asylum as he/she was not in removal proceedings. The Immigration Judge only has the authority to grant relief from removal to those under its jurisdiction. However, the fact that the Immigration Judge approved your case does mean your child is eligible to derive status through you by filing an I-730 Petition.

    USCIS's website indicates that as of November 30, 2012, processing times were on average five months. However, this is merely an average and there are cases that take longer to process. If you are concerned about the length of time, you should speak to your attorney as they have more information about the case. However, if you believe your attorney is not handling the matter appropriately, it would be best to request a copy of your file and consult another attorney.

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