Legal Question in Immigration Law in California

Derivative Asylum - Relationship

I have a question, rather a statement that I'd like to clarify. It's from the instructions to Form I-730 (derivative asylum) and it reads as follows from page 1, section 1(a) ''Who May File Derivative Asylum?'':

''If you are a principle asylee;

The relationship between you and your relative must have existed on the date you were granted asylum in the United States and must continue to exist.''

So, for example: if the principle asylee married his/her spouse on that date (Jan 10th), according to the County Recorder's Office, and his/her asylum granted date was Jan 10th, too, then will that relationship qualify his/her spouse to apply for derivative asylum status in the U.S.?

Thank you!


Asked on 4/20/09, 3:57 am

3 Answers from Attorneys

Joseph La Costa Joseph La Costa, Attorney at Law

Re: Derivative Asylum - Relationship

You really should consult an Immigration Attorney. Please send me an email if in Southern California with your contact information and we can discuss your particular facts. There is no fee for consultation.

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Answered on 4/22/09, 2:22 pm
Colin Greene Russakow, Greene & Tan, LLP

Re: Derivative Asylum - Relationship

I believe that qualifies, same day grant/marriage, yes.

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Answered on 4/20/09, 1:49 pm
Daniel Hanlon Hanlon Law Group, P.C.

Re: Derivative Asylum - Relationship

Dear Inquirer:

The regulations stipulate that the relationship must have existed at the time of the grant of asylum for a spouse to be eligible for derivative asylee status. If the spouse were pregnant with the principal asylee's child at the time the application was granted, the in utero child will be eligible for derivative status, as will the mother as long as she was the spouse of the principal asylee on the date the application was approved. the latter situation suggests that a marriage on the same date of approval, even if occurring at a later time of day, would be enough to allow for derivative status. In the former case, there may be a factual argument as to what came first; the marriage or the asylum grant.

Please visit our website at www.hanlonlawgroup.com for more information or email [email protected] if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

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Answered on 4/28/09, 7:53 pm


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