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Asylum for Spouse and Children of Asylees

Asylum seekers often inquire about the process of securing benefits for their spouse and children amidst the complex journey of seeking refuge in the United States. Here’s a detailed breakdown of how you can obtain asylum benefits for your loved ones:

Listing Family Members in Your Application:

When completing Form I-589, Application for Asylum and for Withholding of Removal, it’s imperative to list your spouse and children, irrespective of their circumstances:

  • Whether they are alive, missing, or deceased.
  • Under 21 or adults
  • Whether they were born in the United States or abroad.
  • Regardless of their age, marital status, or residency status.
  • Even if they are stepchildren or legally adopted.
  • Whether they were born when you were unmarried or included in a separate application.
Criteria for Including Spouse and Children:

You have the option to designate your spouse as a dependent on your asylum application. Additionally, you can include your children if they meet the following criteria:

  • They are under 21 years old.
  • They are unmarried.
  • They are currently residing in the United States.
Involvement of Family Members in Asylum Interview:

It is advisable to bring your family members to your asylum interview. If your asylum status is granted, the family members listed on your application will also receive asylum status, allowing them to legally remain in the United States. However, if you are referred to Immigration Court, your family members will also be referred for removal proceedings if they are not in legal status.

Securing Derivative Asylum Status for Family Abroad:

If you are granted asylum and your spouse and unmarried children under 21 years old are residing outside the United States, you may file a Form I-730, Refugee and Asylee Relative Petition, to obtain derivative asylum status for them.


Here are three simple steps to include your children and spouse in your asylum application:

1. List your spouse and children on Form I-589.

Begin by completing Form I-589 with accurate information about your case and sign it as the petitioner. Ensure each family member’s details are included correctly.

2. Have your family members accompany you to your asylum interview.

During your asylum interview, where you’ll discuss the reasons for seeking asylum, it’s crucial for the family members listed on your application to be present. This ensures everyone receives the applied-for status.

3. Fingerprinting.

Following the interview, await notification to visit the ASC for fingerprinting. This step includes fingerprinting for both you and the family members included in your application.

Navigating the asylum process can be daunting, especially when considering the welfare of your loved ones. Understanding the procedures and options available for securing asylum benefits for your spouse and children is crucial for ensuring their safety and stability in the United States. For tailored legal assistance and support throughout the asylum journey, reach out to our knowledgeable team of immigration experts who are dedicated to advocating for you and your family’s rights at Jeelani Law Firm. CONTACT US TODAY!

Jeelani Law Firm, PLC

JEELANI LAW FIRM, PLC is regarded as one of the top immigration law firms in the industry. We handle all immigration matters including family based adjustment of status/green card cases, citizenship filings, representation of businesses and employees when filing L1A/B Petitions, H1B petitions, and Permanent Labor petitions. Our firm also litigates immigration cases dealing with delayed adjudications as well as appellate matters before the U.S. Federal Courts, U.S. Immigration Courts, USCIS and the BIA. Given the complex nature of immigration law, inexperience can lead to many mistakes which may result in delays, denials, and loss of filing fees and valuable time. Contact our office and we will take care of the rest.