Asylum granted to family, asked to apply again for over 21yr olds

[fjguy]

What is the name of your state? California

My parents applied for Asylum in 1993, and in 2000 we got approved for it. My brother and I were 19 and 20. We filed form I-485 to adjust our status to Permanent Resident together.

Today we got a letter in the mail that is asking my brother to apply for Asylum on his own behalf because he is now over 21. He is 27 and I am 26 now, and i'm sure a letter like that will soon come for me too.

Do we have to file all over again and wait several years before becoming permanent residents?? Please help with any advice, this is very devstating

 

[eddie_242]

What Happens if My Child Turns 21 After I Have Filed My Asylum Application?

Under the Child Status Protection Act, signed into law by President Bush on August 6, 2002, your child will continue to be classified as a child if he or she turned 21 years of age after your asylum application was filed but while it was pending. Your child must have been unmarried and under 21 years of age on the date that you filed your I-589. The “filing date” is the date that USCIS received your application.

There is no requirement that your child have been included as a dependent on your asylum application at the time of filing, only that your child be included prior to the decision made on your claim. This means that you may add to your asylum application an unmarried son or daughter who is 21 years of age, but who was 20 at the time you filed your asylum application.

 

[fjguy]

Thank you for your email.

So I assume that even though we filed the application together in 1993, and my brother and i were 15 and 16, but the asylum got approved in 2000, we were 22 and 23, does that mean that we do not qualify?

But form I-589 is application for asylum that was filed in 1993.. it just too too long to process... so maybe we qualify because we were under 21 at the time of filing..

Also, i got married last yeat (at age 25) and my bro got married 3 years ago (at age 24). I am married to a US Citizen, my brother is not.

I'm a little confused.. thanks for your help again!

 

[eddie_242]

You would have to consult with a lawyer on that as the Bill was signed in 2002 so I am not sure if that applies to you as your parents had filed asylum in 1993 and also that you are married now.

Please consult with a lawyer.

Thanks

Ed