White Cottage, OH asked in Immigration Law for Ohio

Q: What to do if you lose asylum pending because main applicant got greencard

Me and my siblings are under pending asylum case that has been pending for many many years. The case is under my fathers name. Now my father is about to get his green card through employment at a university. However, because now we are old, the lawyer couldn't add us to his case since we cannot be dependent. Our ages are 26,28,28. The lawyer said my father has to close his asylum case. What will happen to us? We have been living in the united states since we were 10. We don’t really have anywhere else to go. If anyone knows what we should do next, we would appreciate any piece of advice. Thank you !

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1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: If your father's asylum case is closed due to him obtaining a green card through employment, the derivative benefits you had as his dependents in the asylum application will also end. Given your ages, you're no longer considered children for immigration purposes. It's essential to explore other immigration pathways. Some options might include applying for adjustment of status if you have a U.S. citizen spouse, seeking employment-based visas if qualified, or considering educational visas if planning to attend school. It's also crucial to determine if any of you may be eligible for relief like Deferred Action for Childhood Arrivals (DACA). Given the complexities of your situation, I strongly recommend consulting with an experienced immigration attorney to assess all potential avenues and ensure you remain in compliance with U.S. immigration laws.

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