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What are my options to receive permanent residency as a derivative of political asylum?

Lake Worth, FL |
Filed under: Political asylum

I came to the US in 2004 as a derivative of my father political asylum, I was 21. I was never able to process my adjustment of status . I am now married to an american and with 2 children, and recently sent my for I-485 to Adjust status, but received a letter from USCIS requesting that I apply for asylum on my own in order to adjust my status.
That makes no sense to me since me and my family, we all were granted asylum 9 years ago. Is that the only option?
or since I am married to an american, is there a process for me to become a permanent resident?

Attorney Answers 4


It is not the end of the world. You need to go though a nunc pro tunc process/ For this you will need an attorney.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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I agree with Mr. Segal

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

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Mr. Segal is correct regarding the nunc pro tunc process. Or, alternatively, you can file with your spouse.

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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If you were granted political asylum as a derivative beneficiary while under the age of 21, you became eligible for permanent resident once you had been in asylee status for 1 year. The fact that you subsequently turned 21 or got married does not change this fact. Consult with an experienced immigration attorney who can review your case and advise you how best to proceed.

While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.

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