Wellington, FL asked in Immigration Law for Florida

Q: I am an asylee granted by EOIR and currently filing for GC. Do I fill Part 2?

Is my family considered derivative applicant or principals since their names are in the Asylum grant order. What do I write in the receipt number?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Here are some thoughts on your questions:

Part 2 of Form I-485 (Application to Register Permanent Residence or Adjust Status) is for applicants filing under the "Special Immigrant" category. As an asylee, you should not fill out Part 2. Instead, you should complete Part 1 (Information About You) and indicate your eligibility category as "Asylee" in Item Number 1.g.1.

Regarding your family members, it depends on how they obtained asylee status:

- If they were included as derivatives in your initial asylum application and were granted asylum along with you in the same EOIR order, they would file separate I-485 applications as asylees and would not be considered your derivatives for the green card application.

- However, if they were not included in your initial asylum grant but later obtained asylee status through you (e.g. via Form I-730 Refugee/Asylee Relative Petition), then they may be considered derivative applicants on your I-485. In this case, you would include their information in Part 9 (Information About Your Spouse and Children).

For the receipt number, use the receipt number from the EOIR order granting you asylum. This is typically the "A-number" which will be on the first page of the asylum approval document. All asylees applying for a green card should provide their A-number in Item 10 of Part 1.

I would advise carefully reviewing the instructions for Form I-485, especially the "Who May Form I-485?" and "Asylum Status" sections, to determine how to properly file for yourself and any family members based on your specific situation. If your case is complex, consulting with an experienced immigration attorney may also be beneficial to ensure the application is completed accurately.

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