If you are married or have unmarried children under the age of 21, your spouse and children can be granted refugee or asylee status along with you, or after you, as your "derivatives."
If you are applying for or have received refugee or asylum status in the United States, you are probably concerned with what will happen to your family members' prospects to obtain immigration status here. Your close family might include relations living within the United States as well as some living overseas. If they were not also persecuted, and do not have a separate claim for asylum or refugee status, or aren't in the United States at all, they probably haven't filed for asylum on their own, or have any basis upon which to do so.
Here, we'll discuss the possibility for family members to ride on the primary applicant's asylum application and receive what's called "derivative" immigration status.
WARNING: The Trump administration has dramatically curtailed and at times paused asylum processing altogether. What's more, travel bans against some countries mean that not even family of asylees will be allowed U.S. entry. See an attorney for the latest, and for assistance in strategizing what's best for you and your family and preparing your asylum or other application.
Asylee's Spouse and Children Can Receive Derivative Asylum
If you are the primary asylum applicant and you are married or have unmarried children under the age of 21, your spouse and children can be granted asylee status along with you, or after you, as your "derivatives." (Unfortunately, that is the limit regarding which family may be granted asylee status along with you with you.)
To achieve this status, they will need to follow the application procedures described below and provide proof of their family relationship to you. This typically means birth and/or marriage certificates (with English-language translations if you are applying for asylum, within the United States.)
Like you, your spouse and children will be allowed to live and work in the United States, and to apply for lawful permanent residence (adjustment of status or a green card) within one year of obtaining their status, as also discussed below.)
Eventual U.S. Immigration Possibilities for Distant Family of Asylees
As an asylee you will not, unfortunately, be able to obtain derivative status for more distant relatives, such as parents, brothers, or sisters. But you might still be able to help them come to the United States in the future.
First, however, you will need to obtain U.S. lawful permanent residence (a green card). You can do this one year after you are approved as an asylee, by submitting Form I-485 and other forms and documents for "adjustment of status," plus paying fees. See What You Need to File I-485 for Adjustment of Status for details.
After that, you'll want to apply for naturalized U.S. citizenship as soon as possible, as described in these articles about U.S. citizenship. The wait for naturalization eligibility is five years, but one year of your time as an asylee counts toward this, making it effectively four years for asylees. After you've been sworn in as a new citizen, you can petition to have your parents, married children, children over age 21, and siblings immigrate to the United States and get green cards.
However, other than your parents (who will considered your "immediate relatives" after you become a U.S. citizen), these relatives will likely face years-long waits before a green card (immigrant visa) becomes available to them. That's because of annual limits on the visa numbers given out to the family members of lawful permanent residents, and a resulting waiting list based on "priority date." The wait is especially long for brothers and sisters of a citizen, who typically wait over 20 years.
Application Process If Your Family Is in the U.S. With You
If you’re an asylee whose family is already in the United States with you, simply including their names and information on your I-589 application for asylum will be enough to get them granted asylee status along with you. (The catch is that if you are denied, and placed into removal proceedings, they will be, too.) You must name them in any case, whether or not they are currently with you or intend to come to the United States. Failure to do so could make it impossible to petition for them to join you later if that's something you later want to do.
Be sure to also provide evidence of the family relationship, such as copies of your official marriage certificate or your children’s birth certificates. If you do not have the actual, government-issued certificates available, you may submit other forms of evidence, such as medical records or affidavits naming you as the person’s spouse or parent. See the instructions that come with Form I-589 for details on submitting substitute evidence.
If your spouse and children experienced separate persecution against them personally, then having them submit their own applications for asylum status is also possible. In fact, it might be a wise strategy, as a backup in case your application is denied (and you are all placed into deportation proceedings together). Then if their application is granted, you would become your spouse or child’s derivative.
Application Process If Your Family Is Not Yet in the U.S.
If your spouse and children are living outside the United States when you are granted asylum, you can submit a separate application asking that they be allowed to join you. There is a deadline for this: You must submit it within the two years after obtaining your asylee status. USCIS may, however, waive this two-year deadline for humanitarian reasons; you'll want to write a cover letter explaining your request and describing any circumstances beyond your control that prevented a timely filing. Include relevant proof, such as medical records if you were hospitalized.
Your request must be made on Form I-730 (available from USCIS for free download). Submit the form to the USCIS Service Center indicated on the website. There is no fee to submit this form.
Eventually, both your family members and you will be called in for interviews at a USCIS or consular office, depending on where they and you live at the time. With any luck, they will be granted the right to enter the United States.
