If you are physically within the United States and have suffered or fear persecution on account of your race, religion, nationality, membership in a particular social group or political opinion, you are entitled to file a claim for asylum. Like many who fled their country, you may have brought family members with you. In some cases, they may have their own possible claims for asylum – in other cases, not.
This article will discuss ways for family dependents to win asylum and what happens to dependents when asylum is granted to the principal applicant, as well as what other options your dependents may have.
Which Family Members Can Be Dependents on an Asylum Application?
Your spouse and unmarried children under the age of 21 are considered your dependents. As long as your dependents are physically in the United States, you can ask that they be included on your application for asylum.
You will need to name each of your dependents on the asylum application in any case, but by checking “yes” in the appropriate box – in Part A.II, Question 24 in the section for spouses, and Question 21 in the section for children (referring to the version of Form I-589 that expires on 11/30/2014) – they will share in your asylum grant or denial.
Dependents do not have to have suffered persecution or fear persecution to be included in an asylum application. Dependents can be citizens of any country other than the United States.
If you win asylum, all eligible dependents who are included in the asylum application at the time the decision is made will be granted asylum as well – so long as they aren’t barred from basic eligibility. The officer or judge will look at the bars to asylum, including whether the dependent has been in the U.S. for less than one year.
Timing of When to Add a Dependent to an Asylum Application
You can include dependents on your asylum application up to the time a decision is made on your case. If you are planning on including dependents who are in the United States when you file your application for asylum, it might be a good idea to include them on the application at that time — though including them also creates certain risks, as described below.
Like you, your dependents will be fingerprinted, and the Immigration Judge or Asylum Officer will have all the information about them before the interview.
Dependents who arrive in the United States after you filed the asylum application can still be included in your application. To do so, you’ll need to tell the interviewing officer or presiding judge that you want to include your spouse or children, and the officer or judge can add them to your application. An Asylum Officer will add a dependent to the asylum application as long as the dependent is not in court proceedings.
When Dependents Can and Should Submit Their Own Asylum Application
Even if they’re dependents on your application, your spouse and unmarried children under 21 can also choose to file their own applications for asylum.
This is something to consider if your dependents have themselves experienced or fear persecution on account of their race, religion, nationality, membership in a particular social group, or political opinion. Some people see this as getting “two bites at the apple,” since every asylum applicant will be interviewed on his or her claim separately. If one applicant is granted asylum, the dependents (those who are not barred from asylum) will be granted as well.
On the other hand, if you decide after applying that you do not want your dependents to be included in your asylum application, you can ask the officer or judge to remove them from the form. You might consider this if, after including your dependents, you become unsure about your own claim, particularly if circumstances have changed since you originally filed the form. (This would be a good time to talk with an attorney.)
Every applicant who files an asylum application will be offered an interview with the USCIS Asylum Office, whether or not they are also dependents on another application. The asylum office or immigration court will attempt to hear related cases at the same time, but that might not be possible. Officers and judges will review all files before making any decisions and will not make their decision until every principal asylum applicant has been interviewed.
What Happens to Dependents in the Application Process
Every dependent must appear at the principal applicant’s asylum interview or court hearing. The officer or judge will require that all dependents show identification or otherwise verify their identities and relationship to the principal applicant.
If USCIS grants asylum to the principal applicant, all eligible dependents will be granted asylum as well. Applicants who are not granted asylum will (if they're not in lawful immigration status) be referred to immigration court for a hearing in front of an Immigration Judge, along with all undocumented dependents.
Asylum applicants who are not granted asylum and who are in status – that is, have a right to be in the U.S., such as an unexpired I-94 based on a visa entry -- will receive a Notice of Intent to Deny. Dependents who are in status will be listed on that notice as well.
Deciding whether to add dependents on your asylum application and whether to file claims both as a principal and a dependent is a strategic choice. It is a good idea to consult with an experienced immigration attorney to help you make this decision.