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Adjustment of Status dependent of asylee

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  • Adjustment of Status dependent of asylee

    Hello i need help here. My nephew came to this country when he was 14 as an asylee, through his mom. He just turned 21 yrs old last week and now wants to file for adjustment of status, can he do that since he is 21 years old?
    His mom is now a US Citizen , so can he also file through his mom since she is now a citizen? Which one is the better option?

  • #2
    Since the principal asylee (his mom) has naturalized, he is no longer eligible for Adjustment of Status as a derivative asylee. So his mom will have to petition him, in the F1 category (unmarried over-21 child of citizen), which has a wait for visa numbers of 6+ years (longer if he was born in Mexico or the Philippines).

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Or perhaps it may be possible for you to get nunc pro tunc asylum as a principal asylee in your own right, in which case you would be able to adjust status a year after.

      See USCIS Policy Manual volume 7 part M chapter 2 sections C-2 and C-3

      This is my personal opinion and is not to be construed as legal advice.

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