Immigration

If you are granted asylum, your spouse and unmarried minor children under age 21 will qualify for derivative asylum status.¹ “Derivative asylum status” means that your spouse and children may be granted asylum status based on your own asylum status. You cannot apply for derivative asylum status for any other family members, such as your parents or siblings.

“Unmarried minor children under the age of 21” includes any of the following children who were under 21 when you filed your asylum Form I-589, even if they are now over age 21:

• a stepchild who became your stepchild before s/he turned 18; 
• an adopted child who was adopted before the age of 16; and
• a biological child.²

To meet the definition of “spouse,” you need to be legally married according to your home country’s law. However, the U.S. will not recognize some legal marriages, even if they are considered legal marriages in your home country, such as polygamous marriages.

In order to request asylum status for your family, you need to file the proper paperwork within the first two years of being granted asylum status. You may be able to sponsor your family members whether they are in the U.S. or in your home country.³ As always, before filing any forms, we suggest talking to an immigration attorney. You can find an attorney by going to our Finding a Lawyer page or our National Organizations Immigration page.

¹ 8 CFR § 208.21(a); INA § 208(b)(3); 8 USC § 1158(b)(3)
² See 8 CFR § 208.21(b); INA § 101(b)(1)(B), (b)(1)(E)
³ 8 CFR § 208.21(c), (d)