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Eligibility for asylum based on parent's citizenship

New York, NY |

I am applying for asylum in US, but one of my parents has dual citizenship, one from a country of persecution (which is also my country, and the other is from a third country). I do not have citizenship from the third country and do not want to acquire it. Do I still have a chance in asylum? Will my parent's second citizenship affect my eligibility. This question is in reference to Form I-589 Part C, 2B

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Attorney answers 5

Posted

The issue is whether or not you would be considered "firmly resettled" in the third country prior to your arrival in the U.S. Let me ask you this:
(1) prior to coming to the U.S., did you ever enter this third country?
(2) if so, did you enter the third country with an offer of permanent resident status, citizenship, or some other type of permanent resettlement, or did you receive such an offer after you had entered the third country?

If you have never been in the third country, and no offer of permanent settlement was ever extended to you (meaning that you don't already have that status automatically), then I would say, no, you were never firmly resettled in that country and you should only have to demonstrate a fear of persecution in your home country.

But I would probably want to talk to you some more about the specific details.

Best of luck.

Mark
Denver, CO

Asker

Posted

I have been there only for couple of weeks a few years ago, not directly prior to entering US. No offers of immigration benefit were not made to me in that third country. I just want to make sure that my parent's dual citizenship does not deny my eligibility.

Mark Robert Barr

Mark Robert Barr

Posted

I'd recommend having this reviewed more thoroughly by an immigration attorney prior to filing any affirmative I-589. But at least this rough review looks encouraging.

Posted

A more important question is: How can YOU prove that YOU have 'reasonable' fear of persecution based on your race, religion, political opinion and/or membership in a particular social group?

Just being from a country with problems isn't 'good enough'.

Go to a lawyer before filing potentially frivolous asylum papers.

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.

Asker

Posted

Sir, that question can be asked in another thread. I asked a different question and this response is not helpful at all. Please stay on topic.

Posted

Good quesiton to ask an attorney during in person consultation.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

Asker

Posted

Sir, it's better to not respond to the question if you don't have the answer, rather than giving a cliche "go talk to a lawyer" response. It just makes you look like a spammer on this site promoting yourself. Potential clients look for intelligible answer and will see how much "expertise" you have through answers like this.

Posted

It should not affect your application, but there might be details there that are not mentioned here. Asylum is not something that a person usually can handle by him/herself. It would be a good idea to have an attorney working with you.

New York Immigration lawyer. This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes.

Posted

You must be subject to persecution in your country of citizenship, and that persecution must be on account of your race, religion, particular social group, nationality, or political belief. If you have citizenship from two countries, you could still be deported to the country in which you don't face persecution.

Asker

Posted

How do you practice law? Read the question carefully please.

Matthew Borowski

Matthew Borowski

Posted

I practice law face to face with clients who provide me with detailed information about their situation. Without knowing what two countries your parent is a citizen of, it's impossible to answer your question. Feel free to call for a consultation if you'd like, and we can talk in more detail. I hope you have a lawyer representing you on your asylum application.

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