Do I have to include my spouse and children on my Asylum application?
You may or may not include your spouse and children on your asylum application. However, you must list them irrespective of their age, marital status, and whether they are in or out of the United States. You must list them even if they are filing a separate asylum application.
Who can I include on my Asylum application?
- Spouse and/or
- Children under the age of 21 and unmarried.
Both should have been in the United States at the time of filing.
Will my Spouse and Children also be granted Asylum, if my application is approved?
Yes, if you are granted asylum, your Spouse and Children (unmarried and under 21 years of age)–who must be in the United State–will also be granted asylum status and will be allowed to remain in the country. Their status depends directly on your asylum status.
My Spouse and Children are not with me in the United States. How do I bring them here on Asylum?
Once you are granted asylum, you may petition to bring your spouse and/or children (unmarried and under the age of 21 as of the date you filed the asylum application, as long as your asylum application was pending on or after August 6, 2002) to the United States.
What happens to my Spouse and Children, if my Asylum application is denied?
If your Asylum application is denied, your Spouse and Children (unmarried and under 21 years of age) along with you may be referred to the Immigration Court, and be put under removal proceedings.
I have children who are married and/or 21 years or older. How do they file for Asylum?
Children who are married and/or children who are 21 years of age or older at the time you file your asylum application must file separately for asylum by submitting their own asylum applications.