We will make the determination of whether you meet the definition of a refugee based on information you provide on your application and during an interview with an asylum officer. See section 101(a)(42) of the Immigration and Nationality Act (INA). The asylum officer will determine if you are eligible for asylum by evaluating whether you meet the definition of a refugee. For more information about benefits for your dependents, see the Family of Refugees & Asylees page. If you are granted asylum and your spouse and any unmarried children under 21 years old are outside the United States, you may file a Form I-730, Refugee and Asylee Relative Petition, for them to obtain derivative asylum status. If you are referred to the Immigration Court, your family members will also be referred to court for removal proceedings if they are not in legal status. If you are granted asylum status, family members included on your application will also be granted asylum status (unless they are barred from asylum) and will be allowed to remain in the United States. You should bring your family members to your asylum interview. You may also include your children if they are: You may include your spouse as a dependent on your asylum application. Included in your asylum application or filing a separate application.Stepsons or stepdaughters or legally adopted.Living with you in the United States or elsewhere.Born in other countries or in the United States.You must list your spouse and children on your Form I-589, Application for Asylum and for Withholding of Removal, regardless of whether they are: For more information about bars to applying, see the Asylum Bars page. The Agreement only applies in Credible Fear Screenings. For more information about the safe third country agreement with Canada, see the Questions & Answers: Credible Fear Screenings page. Currently, the United States has a safe third country agreement with Canada that does not apply to you if you are applying for asylum affirmatively with USCIS. You will also be barred if you could be removed to a safe third country to a two-party or multi-party agreement. You will be barred from applying for asylum if you previously applied for asylum and were denied by the Immigration Judge or Board of Immigration Appeals, unless you demonstrate that there are changed circumstances which affect your eligibility for asylum. The death or serious illness or incapacity of your legal representative or a member of your immediate familyįor a list of circumstances that may be considered changed or extraordinary circumstances, see 8 CFR 208.4 and the Asylum Bars page.You filed an asylum application before the expiration of the 1-year deadline, but USCIS rejected your application as not properly filed, returned the application to you for corrections, and you re-filed your application within a reasonable time after the return.You had Temporary Protected Status (TPS), lawful immigrant or nonimmigrant status, or you were given parole, until a reasonable period before you filed your asylum application.You indicate whether you have filed a complaint with appropriate disciplinary authorities about any violation of your lawyer’s ethical or legal responsibilities, and if not, why not Legal disability, such as your status as an unaccompanied child or you suffered from a mental impairment, during the 1-year period after your arrival in the U.S.Serious illness or mental or physical disability, including any effects of persecution or violent harm suffered in the past, during the 1-year period after your arrival in the U.S.If you were previously included as a dependent in someone else’s pending asylum application, the loss of the spousal or parent-child relationship to the principal applicant through marriage, divorce, death, or attainment of age 21Įxtraordinary circumstances may include but are not limited to:.
law and activities you become involved in outside the country of feared persecution that place you at risk