Filing an Asylum Application Online for Families: A Comprehensive Guide
If I am applying for asylum for myself, my spouse, and my child, do I need to submit separate applications for each family member, or is one application sufficient?
Expert Answer:
In U.S. immigration law, asylum applications are governed by the Immigration and Nationality Act (INA) and accompanying regulations. If you plan to apply for asylum for yourself and your immediate family (spouse and children under 21), you can include your family members as derivatives on a single Form I-589, Application for Asylum and for Withholding of Removal. However, there are specific requirements and procedures to follow:
Key Points About Including Family Members on an Asylum Application:
Primary Applicant vs. Derivatives:
- Only one person, the principal applicant, needs to file Form I-589.
- The principal applicant can include their spouse and unmarried children under 21 as derivatives on the same application.
Eligibility for Derivative Asylum Status:
- Family members listed as derivatives must be physically present in the United States.
- Each family member must meet the criteria for derivative asylum status as defined by INA §208(b)(3).
Documentation Requirements:
- You must include evidence of your relationship to your spouse and children, such as marriage certificates and birth certificates.
- Provide separate Form G-28s (if represented by an attorney) and photographs for each family member.
Online Filing Process:
If eligible to file Form I-589 online, you can include derivative family members on the same application. The USCIS online account allows you to securely upload supporting documents and track your application status.
- Review the instructions on the USCIS website to determine eligibility for online filing.
Exceptions to Online Filing:
- Asylum applicants in immigration court proceedings or unaccompanied minors cannot file Form I-589 online. They must follow the paper filing process.
Legal and Practical Background:
The Immigration and Nationality Act establishes asylum protections for individuals fleeing persecution based on race, religion, nationality, membership in a particular social group, or political opinion. Asylum applicants may include immediate family members to ensure family unity, as recognized by U.S. law and international obligations under the Refugee Convention.
Steps to File an Asylum Application:
- Determine Eligibility: Ensure you meet the criteria for asylum and that your family members qualify as derivatives.
- Create a USCIS Online Account: If filing online, set up a secure account on the USCIS website.
- Complete Form I-589: List your spouse and children under Part A.II. of the form.
- Submit Supporting Documents: Include all required evidence, such as identity documents, marriage and birth certificates, and evidence of persecution.
- Track Your Application: Use your online account to monitor updates and respond to requests for evidence (RFEs).
Authoritative Sources
Conclusion
By understanding these requirements and processes, asylum seekers can ensure that their applications are completed accurately and that their family members are properly included. For additional legal guidance, consult an experienced immigration attorney.
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