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Derivative Asylum

Frequently an asylum seeker will have a spouse and children who are also seeking asylum Anyone seeking asylum may include a spouse and children on his or her Form I-589. Individuals who have already been granted asylum may apply for derivative asylum for a spouse and all children under the age of 21. Stepchildren are also eligible if the applicant and spouse married before the child’s 18th birthday. Adopted children must have been adopted before their 16th birthday and the applicant must have been the legal parent for at least two years. If an applicant has a child by a woman to whom he is not married, he can apply for derivative asylum for the child, but not for the mother unless he was married to her by the date he was granted asylum. Derivative asylum must be requested within two years of the applicant’s own grant of asylum.

Inside Derivative Asylum