Has your spouse or parent been granted asylum in the U.S. because they feared harm in their home country? You cannot expect to receive the same asylum status automatically just because a family member has. Still, there is a way for asylees to stay together with their immediate families in the U.S. The process is known as derivative asylum, and you must take proactive steps to obtain this status.
While proving your family relationships and eligibility for derivative asylum might seem simple, many people make mistakes that cause delays or denials. The best way to make sure your family can be together is to work with a California asylum attorney with experience handling this type of application.
Derivative asylum can be a way for your family to stay safely in the United States instead of returning to your country, but you must properly approach the immigration process. To complicate matters, immigration policies regarding asylum and derivative asylum often change, as the USCIS updated the criteria for spouses seeking derivative asylum just earlier this year.
To ensure you present a proper case, contact an experienced San Jose asylum lawyer at Getachew & Ansari Immigration Attorneys, P.C. We will advise on your immigration options and seek derivative asylum for your family when possible.
Introduction to Derivative Asylum: What It Means
Derivative asylum is an important legal concept in U.S. immigration law. Simply put, it allows certain family members of the main asylum applicant to get derivative status based on the primary applicant’s approved asylum status. If you are the spouse or child under 21 of the principal applicant who has been granted asylum in the United States, you may be eligible for derivative asylum status.
Moving forward as a derivative applicant requires a clear understanding of the legal requirements and current immigration policies. Without knowing the current policies, you might make errors that affect your application and approval.
The help of a compassionate asylum attorney can significantly affect your ability to secure lawful immigration status in the U.S., allowing you to live and work here without the fear of deportation or persecution in your home country.
At Getachew & Ansari Immigration Attorneys, P.C., we approach every situation with compassion and understanding. We will listen to your concerns and desires for derivative asylum and make the process as easy as possible.
Who Qualifies as a Derivative Asylee?
Derivative asylum status helps keep families together by granting certain family members lawful status alongside an asylee. To be eligible for derivative asylum, you must be the spouse or child of the principal asylee who was granted asylum or must have been included on the principal asylee’s application before it was approved.
To prove eligibility for derivative asylum, you must provide evidence establishing the familial relationship to the principal asylee. This can include marriage certificates for spouses, birth certificates for sons or daughters, or adoption papers if applicable.
Earlier in 2025, USCIS updated its policies for spouses seeking derivative asylum. Now, the applicants must prove their marriage was valid in the jurisdiction where it occurred. This validity is now required for a spouse to be granted derivative asylum.
With our assistance in determining and proving eligibility, you can increase your chances of a successful outcome in obtaining derivative asylum status for you and your eligible family members.
Filing Form I-730: The Standard Procedure
When seeking derivative asylum in the U.S., you must complete and file Form I-730. Specifically, you follow the Form I-730 FTJ-A process, which means “following-to-join asylee.” The Asylum Vetting Center reviews this form, and it is a different process from using the form to follow to join a refugee. You must complete the proper form and follow up with the right immigration office.
The filing process can be complicated and requires attention to detail to ensure a smooth submission. Working with our immigration firm can greatly benefit you during this process. We will guide you through completing Form I-730 accurately, gathering the necessary supporting documents, and meeting critical deadlines. By entrusting your derivative asylum application to our knowledgeable lawyer, you can have peace of mind knowing that your submission is in capable hands.
Required Documentation for Derivative Asylum
When applying for derivative asylum in the United States, having the right documentation is necessary to support your case. The Asylum Vetting Center will never simply take your word regarding your family relationship.
As the spouse or child of the principal asylum applicant, you must provide evidence of your relationship, such as marriage certificates or birth certificates. Additionally, you must submit any relevant legal documents that establish your eligibility for derivative asylum status.
You must gather all necessary documentation and ensure it is accurate and up to date.
Missing or incomplete paperwork can delay the processing of your asylum application.
Timelines and Processing for I-730 Petitions
While it is important to seek derivative asylum promptly, each step must be completed properly, and the process might take five to ten months or longer. Then, the process to obtain a Green Card can take months or even close to two years. That said, the support of a knowledgeable lawyer can minimize delays and increase the chances of a successful outcome for you and your family.
After USCIS receives an I-730 petition, it reviews it for procedural compliance, the validity of the family relationship, and preliminary security checks. Then, the application is sent for further processing, an immigration interview, and the final decision. The timeline of the processing varies depending on the current workload of USCIS and the circumstances of your application.
Challenges and Delays Families Often Face
The immigration system can be challenging, especially when facing language barriers or a lack of knowledge about the legal procedures.
This is no different for derivative asylee applicants.
One common challenge families face is obtaining extensive documentation to support their asylum claim. Gathering the necessary evidence to prove family relationships or asylum eligibility can be difficult.. Without proper guidance, families may struggle to present a compelling case to immigration authorities.
Delays in the asylum application process can cause more stress and uncertainty. Waiting for a decision on a case can prolong the emotional and financial burden on families seeking protection in the United States.
Contact Our Experienced Asylum Law Firm
If you believe you qualify to be a derivative asylee, never wait to speak to the caring team at Getachew & Ansari Immigration Attorneys, P.C. We have over 25 years of experience serving the immigrant community in the Bay Area and across the U.S. Our compassionate and dedicated approach, inspired by founder Yemi Getachew, ensures that our clients receive the highest level of service and support throughout their immigration journey.
Contact us now for more information about your immigration options.
