Spouses and Children of Asylee

A spouse and children (under 21 and unmarried) who are in the U.S. can be included in the asylum application. If the applicant does not include such relatives in the application, they will not qualify for asylum together with him. Instead, he will need to file a separate petition for them after his own asylum is approved. If they are out of the U.S., the applicant may apply for their entry into the U.S. after he is granted asylum. Asylee must file the petition within two (2) years of being granted asylum unless there are humanitarian reasons to excuse this deadline.

An individual who is included in the principal’s asylum application as a derivative beneficiary is in a period of stay authorized as of the date the principal applicant is in a period of stay authorized (unless he works without authorization or it is deemed that the application for the derivative individual is not bona fide). The derivative beneficiary only commences to accrue unlawful presence at the time the determination is made that the principal had worked without authorization or that the asylum application is not bona fide.