“Immediate family members” include the asylee’s spouse and unmarried children under 21 years of age. Immediate family members present in the United States and included in the original asylum application automatically receive asylum together with the principal applicant. 31.2 Derivative Asylum for Spouse and Children If the applicant moves after filing for residency and later misses correspondence from CIS, her application could be denied and she could have to re-apply, adding several years to her wait to become a resident. ![]() This is especially important while her application for legal permanent residence is pending. A copy of the form must also be served on the ICE district counsel.Įven after an asylum applicant has won asylum, she must continue to inform CIS of address changes. If the applicant has a case pending in Immigration Court, he must use form EOIR 33 which is available at This form should also be copied and mailed certified mail, return receipt requested. It is not generally necessary for the attorney to send in this form on the client’s behalf. As with all forms sent to Immigration, the applicant should keep a copy of the form and mail it certified mail, return receipt requested. If your client’s application for asylum is pending or has already been granted, she should file her change of address form with CIS. It is very important that asylum seekers and asylees keep CIS apprised of any changes in address. For that reason, it is essential to encourage all asylees to apply for lawful permanent residence one year from the date on which they were granted asylum. ![]() It is important to note, however, that asylum is not a permanent, guaranteed status for life in the United States. Practically speaking, attempts to revoke asylum are rare without new evidence that the asylee has committed a serious crime in the United States or fraudulently obtained asylum. However, the Department of Homeland Security can, at least theoretically, reopen the case and attempt to terminate asylum and seek the removal of the asylee if it is determined that any one of a number of conditions are met: that country conditions have fundamentally changed such that the asylee no longer fears persecution that the asylee committed a serious crime, either persecutory in nature or non-political outside of the United States that the asylee poses a threat to the security of the United States that the asylee was firmly resettled outside the United States prior to her arrival that the asylee may be removed pursuant to a bi-lateral agreement to a safe third country that will provide protections that the asylee has voluntarily returned to her home country or, that the asylee has acquired a new nationality. ![]() When asylum is granted, it means that the asylee will have the opportunity to live and work legally in the United States and will eventually have the opportunity to apply for lawful permanent residence and citizenship.
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