In the framework of immigration laws of the United States, Asylees have the possibility of reuniting with their loved ones through derived status. However, this benefit is subject to certain criteria and restrictions, and according to official information, only two types of family members can be requested by an asylum seeker: spouses and siblings.
Eligibility to apply for derived status is tied to time and family relationship prior to moving to the United States.. Those who have entered as refugees or obtained asylum in the last two years can begin the process for close family members to join them in their new home.
The relatives that an asylee can apply for mainly include spouses. If the main applicant was married before entering the country as a refugee or asylee, they can begin the process to reunite with their spouse. This requirement highlights the importance of the marital relationship existing before arrival in the United States.
The other type of family member that can be requested is siblings. If the asylee has siblings, they can also benefit from derived status, as long as they meet the established requirements. It is essential that the fraternal relationship existed before the applicant obtained refugee or asylee status.
Not all family members of asylum seekers in the United States are eligible
These restrictions highlight the importance of specific family ties and pre-existing relationships to the migration process.. Not all family members, such as parents, children over 21 years of age or other relatives, are eligible for derived status under current regulations.
The application process involves the presentation of the petition by the main asylee, who must be the main refugee or asylee, that is, the one who obtained the status directly and not through a family member. Besides, the primary applicant must have entered the United States as a refugee within the last two years or have obtained asylum in the same period.
Only spouses and siblings can benefit from derived status for asylees.
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It is important to highlight that This benefit is not available to those asylees who have obtained US citizenship through naturalization. The possibility of requesting derivative status is maintained as long as the asylee remains in refugee or asylee status, or until he or she obtains permanent residence (green card). However, once you have become a US citizen, this benefit is excluded.
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