Legal Question in Immigration Law in New York

Re: Aslyum

Asylum may be granted to people who are arriving in or already physically present in the United States. To apply for asylum in the United States, you may ask for asylum at a port-of-entry (airport, seaport, or border crossing), or file Form I-589, Application for Asylum and for Withholding of Removal, at the appropriate Service Center within one year of your arrival in the United States. You may apply for asylum regardless of your immigration status, whether you are in the United States legally or illegally.

You must apply for asylum within one year of your last arrival in the United States, but you may apply for asylum later than one year if there are changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances directly related to your failure to file within one year. These may include certain changes in the conditions in your country, certain changes in your own circumstances, and certain other events. You must apply for asylum within a reasonable time given those circumstances.

You must list your spouse and all your children on your Form I-589 regardless of their age, marital status, whether they are in the United States, or whether or not they are included in your application or filing a separate asylum application.

You may ask to have included in your asylum decision your spouse and/or any children who are under the age of 21 and unmarried, if they are in the United States. This means that, if you are granted asylum, they will also be granted asylum status and will be allowed to remain in the United States incident to your asylum status. However, if you are referred to the Immigration Court, they will also be referred to the court for removal proceedings. You should refer to the instructions in Form I-589 for information on the documents you will be required to submit establishing your family relationships, such as marriage certificates and birth certificates.

Children who are married and/or children who are 21 years of age or older at the time you file your asylum application must file separately for asylum by submitting their own asylum applications (Form I-589).

Once you are granted asylum, you may petition to bring your spouse and/or children (unmarried and under the age of 21 as of the date you filed the asylum application, as long as your asylum application was pending on or after August 6, 2002) to the United States or to allow those already here, who were not included in your asylum decision, to remain incident to your asylum status.

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