Can I File I-589 Asylum Without Wife or Husband?

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Family growth happens even when family members are apart. A foreigner in the United States who fears returning to their home country can file I-589 asylum. They can add their family members in the I-589 asylum, too, meaning spouse and all unmarried children under 21 years of age who are in the United States. Applicants CHOOSE, however, whether to add their family members. A foreigner filing I-589 asylum may prefer not to include family members for a number of reasons, including impending divorce, or the child is about to marry a US citizen and get a green card based on that marriage.

Can I File Asylum With Spouse Outside the U.S.?

A foreigner whose spouse is outside the United States can also file for I-589 Asylum.  It is VERY IMPORTANT to keep in mind that I-589 asylum should be the last option for such a couple.  Even if other spouse has a B2 visitor visa, entry to the United States is never guaranteed; filing I-589 asylum may result in not seeing the outside spouse for a decade or more. That is because an I-589 asylum case can take over a decade between the time of filing with USCIS (US Citizenship and Immigration Service) and getting a decision from the agency.

In emergency cases, such as for humanitarian or medical reasons, an I-589 asylum applicant can get an I-131 Advance Parole international travel permit. If the I-589 asylum applicant travels internationally with Advance Parole Travel Permit and returns to the United States with the other family members, the entire family can file again together.  A foreigner has to file asylum within one year of the last entry and entering on Advance Parole is an entry.

How Can I Add Wife or Husband to Pending Asylum?

Our Blandon Law I-589 asylum applicants have also added a wife and children who arrived later to the United States. This involves sending letters and filing documents with the US Citizenship and Immigration Service. It must be done correctly so the later-added children and the spouse (wife or husband) can get an I-765 work permit based on the I-589 asylum case. To add a wife or husband to a pending I-589 asylum, call our office or click to schedule a consultation.

Disclaimer – These entries are based on real life events. Family member names, when used, are real. Client names are changed for privacy.

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