Are you a derivative asylee who is currently in the process of or planning to divorce your spouse who served as the principal asylee in your asylum application? The process of obtaining divorce is already a stressful and deeply personal one, and it is made even more taxing by the possibility of it jeopardizing your status as an asylee in the United States. Let us look at how your divorce may impact your asylee status.

Will I lose my asylum status?

We can start by answering the primary question that is likely on your mind: will I lose my asylum status? Once you have been approved for derivative asylum status, it is unlikely that you will lose your asylum status. However, you will be in a state of limbo once the divorce is finalized, as you will no longer be able to progress on your path to permanent residency without still being married to your spouse, the principal asylee. This brings us to the next major question.

Can I still adjust my status after the divorce?

USCIS defines the eligibility requirements for adjusting status as an asylee as follows:

  • Physical presence in the U.S. for at least 1 year after the asylum grant;
  • Continued status as the spouse or child of the principal asylee;
  • No firm resettlement in any foreign country; and 
  • Presence or ability to be admitted to the United States as an immigrant when examined for adjustment of status.

Based on these criteria, even if you meet all other requirements, you will still not be eligible to adjust status as you will no longer be the spouse of the principal asylee. However, there may still be options for you to obtain a Green Card through other pathways if you are eligible.

How can I obtain my divorce while still being allowed to adjust status?

If you are fearing for the stability of your asylee status or your ability to adjust status in the future and become a permanent resident, it is likely in your best interest to switch from being a derivative asylee to a principal asylee. 

The primary way in which you can do this is by filing your own I-589 application as the principal asylee nunc pro tunc. This essentially means that your asylum application will be backdated to the date that the original principal asylee (your spouse) filed his/her asylum application. Once you have become the principal asylee, you will then be eligible to adjust status and become a permanent resident in the future.

You may also be interested: What information should you provide to your attorney for your asylum declaration?

Why Hire an Immigration Attorney

Ultimately, going through the process of a divorce while also dealing with your status as an asylee is an extremely difficult and stressful task. Hiring an experienced immigration attorney can help make the process easier by providing you with assistance and guidance at every stage. 

If you are interested in learning more about how a divorce may impact your asylum status, contact us for a consultation.

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