Can the Family of Refugees and Asylees Gain Derivative Status?

 Posted on October 17, 2024 in English

Many circumstances around the world could result in people fleeing their homes and seeking safety elsewhere., and the landscape of immigration is more complex at this time in our nation than it has ever been. Terms like migrants, immigrants, refugees, and asylum seekers are often used interchangeably, which only adds to the confusion.

Although there is a shared goal of finding sanctuary in a new country, there are different pathways to achieve these goals. One of those involves family members of refugees and asylees.  Those who came to the U. S. as a refugee or asylum seekers within the prior 24 months can now ask that specific members of his or her family be granted derivative asylum or refugee status.  If you believe your family members may qualify for derivative refugee or asylee status, it can be helpful to speak to a knowledgeable Herndon, VA immigration attorney from Immigration Legal Advisors, PLLC.

What Are the Differences Between Refugees and Asylum Seekers?

Although both refugees and asylum seekers are fleeing persecution as a result of political opinion, membership in a social group, religion, national origin, or race, they arrive in the United States differently. Refugees must apply for refugee status through the UNHCR and be selected. Refugees are not able to choose which country they are resettled in if chosen, but if they have family in the United States, they are more likely to be resettled here.

After fleeing their home country and seeking asylum in another country, refugees are unable to return to their home country. Multiple background checks and medical screenings are used to thoroughly vet all refugees who will be assisted by a local resettlement agency during the transition period.

Asylum seekers also flee persecution in their home country; however, they apply for asylum either from within the United States or at the border. Asylum cannot be sought from the person’s home country or from an embassy as the asylum seeker must be physically in the United States or at a port of entry.

What Family Members are Eligible for Derivative Refugee or Asylee Status?

Immediate family members present in the United States and included in the original asylum application will receive asylum at the same time as the principal applicant. This includes the asylee’s spouse and any unmarried children under the age of 21. If you entered the United States as a refugee or asylee within the past two years, you may now apply for derivative status for your spouse and any unmarried children who are under the age of 21 or were under the age of 21 at the time you originally applied for refugee or asylee status.  

What Are the Eligibility Requirements for Family Members to be Granted Derivative Status?

Eligibility requirements for asylee or refugee derivative status include:

• You must be the principal refugee or asylee (you did not receive your status through a relative)

• You entered the U.S. as a refugee or asylee within the past two years.

• You have either remained in refugee or asylee status or received a Green Card.

• Your family relationship existed before you were granted refugee or asylee status

• You have properly filled out and submitted the I-730 Refugee/Asylee Relative Petition

Contact a Fairfax County, VA Immigration Attorney

It is important that you work with a Herndon, VA immigration attorney from Immigration Legal Advisors, PLLC who can help ensure there are no errors or omissions on your Petition. When you have a National Immigration Attorney from a full-service law firm with more than 20 years of immigration experience, your chances of success are much higher. Contact Immigration Legal Advisors, PLLC at 571-441-2233 to schedule your free consultation. You will speak to a supportive immigration attorney who speaks both English and Spanish.