I am an asylee living in the US,I was granted asylum 3 months ago.My fiancee lives in Europe as an asylee too.We could not get married back in the Middle East because we were prosecuted for being atheists.As a result,I could not list her as my spouse in my asylum application because I have not documents to support that.I have only photos that proves our relationship and I can get letters from friends to testify that our relationship is genuine.
We are separated for 3 years now and it is very hard.Waiting to get a green card and then filing for her as my spouse can take 4 more years.
Can she get derivative asylum status considering our exceptional circumstances ?
Is there any other legal remedy ?
Note: her mother is a US citizen and her father and brother both are green card holders.
You can't help her ... directly.
She should consult with an immigration attorney to discuss whether or not her mother can help.
PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
Divorce / Separation Lawyer
I have changed your practice category to Immigration. First and foremost do not discuss this fact situation online or with anyone again, except in a confidential setting with your immigration lawyer. You have a delicate situation. Her mother is a USC and can petition for her, and when she arrives, you can have a marriage ceremony in the US. I expect other immigration attorneys will now suggest alternatives as well.
The above answer does not create an attorney/client relationship. These responses are merely intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney in your community. The law changes frequently and varies from state to state. You should verify and confirm any information provided with an attorney licensed in your state
I agree with my colleagues. Consult an attorney to see if her mother can apply for her.