Can Your Application for Asylum Include Your Family?

Your spouse and any unmarried children under the age of 21 may be included in your asylum application. Additional applicants can “ride” on the lead alien’s application. However, there are two conditions: the family members must be physically present in the United States and they must be able to establish a basis for asylum on their own.

Required Documents for Processing Asylum Applications

If you are including your spouse in your asylum application, you must provide a marriage certificate and any proof of termination of prior marriages. The marriage certificate, divorce decree, or record of annulment does not have to be from the United States, but must be a legal, binding document that is valid in the alien’s country of origin. If the divorce was only ceremonial or religious, the alien may be asked to provide a divorce decree from the United States. Include birth certificates for any unmarried children under the age of 21.

Adult Children and Asylum Application Procedures

Adult children seeking asylum in the United States must file their own applications for asylum, although their cases may be consolidated with that of their parent(s) upon request. The family’s “credible fear” of persecution in their country of origin may be based on the same facts or circumstances supporting the asylum claim. This would be a good reason to consolidate the cases so that the family’s case can be tried in one courtroom before the same immigration judge.

Further, if you receive asylum status, you may apply for derivative asylum benefits for your spouse or children, whether they reside in our outside the United States. This means that your spouse or children can derive status based on your case.

Case Studies: Including Family Members in Asylum Applications

Case Study 1: Including Spouse and Children in an Asylum Application

John, an asylum seeker, is currently residing in the United States. He fears persecution in his home country and decides to seek asylum. John’s spouse, Sarah, and their two unmarried children, aged 10 and 15, are also present in the United States.

John wants to include his family members in his asylum application. To do so, he must fulfill two conditions: his family members must be physically present in the United States, and they must establish a basis for asylum on their own.

Case Study 2: Adult Children Filing Separate Asylum Applications

Maria, an adult seeking asylum in the United States, has a parent who is also pursuing an asylum claim. Although Maria and her parent’s cases are based on the same facts or circumstances, Maria must file her own application.

However, she can request to consolidate their cases so that they can be tried together in one courtroom before the same immigration judge.

Case Study 3: Derivative Asylum Benefits for Family Members

After going through the asylum process, Daniel, an asylum seeker, successfully obtains asylum status in the United States.

He wants to bring his spouse and children, who reside outside the United States, to join him. Daniel can apply for derivative asylum benefits for his family members, allowing them to derive status based on his case.