Family immigration cases: what to do in case of divorce or if the main applicant changes his mind - ForumDaily
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Family Immigration Cases: What to Do in Case of Divorce or If the Main Applicant Changes His Mind

Many immigration cases in the US are package cases - there is one main applicant, and his family members are included as an addition to him. Unfortunately, efficiency is not a strong point of immigration authorities and courts in America, so some cases are considered for years. During this time, many things can change in the lives of applicants: they can get divorced, change their minds about living in the US, or urgently leave for their homeland. But the case is a package, and the decision of one, in particular the main applicant, disrupts the plans of the others. ForumDaily spoke with immigration lawyer Ekaterina Muratova and found out what actions those identified as family members can take if they want to stay in the United States and the primary applicant in the case decides to leave.

Photo: Chris Dorney | Dreamstime.com

If you crossed the border and asked for asylum, and then a divorce happened

The family of a ForumDaily reader from Russia (two adults and two children) came to the US via Mexico and asked for asylum at the border - a package case, where she was listed as the main applicant. Now she has changed her mind and wants to return to her homeland with the children, and her husband intends to stay in the US, at least for a few months. our group “Seeking Advice” The woman asked what they should do next. After all, the case was on her, and if she left, her husband would essentially be left with nothing.

According to Ekaterina Muratova, the departure of the main applicant does indeed leave her husband without any status in America. Now he needs to submit his application for asylum.

But there is good news - in this case, the one-year rule is canceled. The fact is that US law allows you to apply for asylum within 12 months from the moment of entry into the country. But if a person was part of another case and dropped out of it, then the time limit does not apply - he can apply later.

There is another option: if the spouse plans to stay for only a couple of months, then you don’t have to do anything at all.

"If the husband wants to stay for just a few months, he can do that - he will not be deported, but his stay in the US will be without status. If he needs legal status, then the only option is to apply for asylum separately," the immigration lawyer explained.

The second question from the same reader concerned passports. The Russian passports of all family members were taken at the border by ICE agents - standard practice when applying for asylum. Of course, the woman needed to somehow return them before leaving, but she did not know what to do.

Ekaterina Muratova says that the procedure is simple and logical: you need to write a letter to ICE, explaining that you have changed your mind about receiving asylum and want to leave. The agency will return your passports without any problems.

On the subject: How Ukrainians can stay in the US after Uniting For Ukraine expires: 6 ways

Divorce and package immigration cases

"Now, you are either summoned to the asylum court quickly (within the first year), or thrown into a long queue, where people wait for years. That is, you can either slip through very quickly and receive a document within three months, or wait five to seven years," this is how Ekaterina Muratova answered the question about how long it currently takes to process asylum applications in the United States.

Imagine waiting for 7 years: during this time, you can get divorced and remarried several times. And some migrants do just that, but unfortunately, many of them do not realize that divorce automatically excludes the spouse in the bundle from the main applicant's case.

"It would seem that everything is logical, but in practice I see something different: for some reason many do not understand that in this case they will be left without status. They think that if they are included in the case, then they are assigned there and the divorce does not affect anything. But this is not so. They must have family relations not only at the time of filing the application, but also at the time of the interview or the trial, when the decision on the case will be made," Muratova emphasized.

The immigration attorney reminded that an employment authorization document (EAD) does not grant legal status. If you were married to the principal asylum applicant and received an EAD through that application, and then got divorced, your work authorization becomes invalid because you have lost the status on the basis of which you received it.

“Such people need to urgently run to lawyers. Some can file their application for asylum. And if there are no grounds for this, then you need to look for other options to legalize yourself in the United States. Immigration services do not monitor your family relationships and divorces and do not notify you that you have dropped out of the case. But when the time comes for an interview or trial, you may be in for a surprise - it turns out that you have been in America for several years in an illegal status,” Muratova explained.

Immigration lawyer Ekaterina Muratova. Photos from the personal archive

How a child can get a green card if the parents' case is delayed or rejected

Now imagine what these seven years of waiting do to children. American school, local friends, English becomes almost a native language, or even the main language if the child moved very young. And then oops - the parent's application for asylum was rejected, and the minor applicant was there as a family member. If for an adult this is stress, then for a child it is a catastrophe.

Ekaterina Muratova said that the US has a Special Juvenile Immigrant Status program (SJIS). It allows children to obtain green cards without being tied to the status of their parents. It is actively used by Latin Americans, but few Russian-speaking immigrants know about it.

The program applies to children who came to the United States before age 21, if one of the parents is absent from their lives (they live in another country, they were deprived of custody due to abuse, or they refuse to provide financial support to the child and take part in his or her upbringing).

Special Juvenile Immigrant Status protects unsupported minor immigrants and allows them to obtain a green card regardless of the immigration status of their guardians, as long as the child arrives in the United States before age 21 and applies for the program before turning 21.

Work Visa Packages and the Green Card Lottery: Is It Possible to Do Without a Principal Applicant?

Not only asylum applications come to the US in packages, but also some work visas. For example, an H-1B holder can move to America with his family (his spouse and children will receive H-4 visas). The same situation applies to E-category work visas. If a foreign If an employee, having received one of these visas, came to the States with his family, and then something did not work out, changed his mind, or received a more favorable job offer from another country and decided to leave, then his entire family will lose their American visas.

If any family members want to stay, they should explore their options on their own. All family members have 60 days from the date the principal applicant's visa is cancelled to maintain legal status in the United States, and they should find a way to adjust their status during that time.

“The easiest thing is to apply for a tourist visa. This will give you an extra six months in the US, during which you can decide what to do next. And then you need to choose your paths individually. Someone will want to study and apply for a student visa, someone may have other options, including even political asylum, if there are grounds. In general, this is a very individual question,” she advised. Ekaterina Muratova.

You may be interested in: top New York news, stories of our immigrants and helpful tips about life in the Big Apple - read it all on ForumDaily New York

Winning a Green Card: No One Goes Anywhere Without a Principal Applicant

If you've ever participated in the green card lottery, you know that it's also a package deal. There's a primary applicant, and along with him or her are children and a wife or husband.

If the main applicant wins, no one goes anywhere. If he was disqualified due to a criminal record or lying on the application, failed a medical examination, or died before moving, the people listed on his application will also not receive a visa or a green card.

If the main applicant has gone through all the procedures, interviews and received a visa to the United States, but has not traveled, then his family members will also not be able to move and receive green cards.

However, if the main applicant entered the United States and received a green card, and then changed his mind and left the country, this will not affect his family in any way - they can remain in America, and their green cards will not be cancelled.

Read also on ForumDaily:

How Ukrainians can stay in the US after Uniting For Ukraine expires: 6 ways

How to reduce the waiting time for political asylum in the USA: advice from an immigration lawyer

Investment green card: lawyer revealed all the secrets of obtaining an EB-5 visa

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