Filing Asylum Applications: Joint vs. Separate Cases for Families
Should my family members (including my spouse and elderly parent) and I file one joint asylum application, or should we submit separate applications?
Expert Answer:
Understanding the Basics of Asylum Applications for Families
Under U.S. immigration law, the process for filing asylum applications as a family depends on your relationship and eligibility criteria. The primary applicant submits the main asylum application (Form I-589), and immediate family members (spouse and unmarried children under 21) can be included as dependents. However, extended family members, like parents or siblings, typically must file separate applications unless unique circumstances apply.
Key Considerations for Your Situation:
Eligibility to File as Dependents
- Spouse: Your wife can be included as a dependent in your asylum application if you both share the same fear of persecution and the relationship aligns with U.S. immigration rules.
- Father: Parents cannot be included as dependents in your asylum application. Your father would need to file his own application.
Advantages of Filing Jointly or Separately
- Single Case: Including your wife as a dependent on your application simplifies the process and allows for a unified adjudication of your case.
- Preserving Family Unity During the Process: Even if separate applications are filed, they can be cross-referenced to show family ties. If one application is approved, it might positively impact other family members’ cases.
Practical Steps
- Discuss with an attorney how to present the strongest case(s) for your family based on shared and individual fears of persecution.
- Clearly document the relationship and dependency (if applicable) to avoid processing delays.
Legal Foundations for Asylum Filing
- Immigration and Nationality Act (INA): Governs eligibility for asylum (§ 208 of the INA).
- 8 C.F.R. § 208.21: Provides details about including dependents on asylum applications.
- Form I-589 Instructions: Outlines requirements for filing as a family unit.
Conclusion and Recommendation
You and your wife can file a single application if your claims are based on the same fear of persecution. However, your father must file separately. Filing separately for family members who do not qualify as dependents allows each applicant to present unique evidence. A thorough review with an immigration attorney is critical to deciding the best course of action.
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