Source: Asylum Seeker Advocacy Project 

Should I list my spouse or children in my asylum application?

Yes! There are 3 things to know about this process.

1. List any spouse or children you have. 

  • If you have a spouse or children, no matter where they live or how old they are, list them on your asylum application. Include them on Part A.II. on the paper asylum application (Form I-589) or in the “Your Family” section if you are filing online.

2. You can include qualifying family members in your asylum case. 

  • If you have a spouse or child (unmarried and under age 21) living in the United States, you may be able to include them in your asylum case. Then they can generally apply for a work permit at the same time as you! If you win asylum, they will win asylum too – even if your child has turned 21 by then. The steps to include your family depend on how you apply for asylum:  
  • USCIS:

If you are filing your asylum application with USCIS and want to include your family member in your case, answer “Yes” to the question “If in the U.S., is your spouse/this child to be included in this application?” This check box is in Part A.II. on the paper asylum application or on the “Your Family” section if you are filing online. All family members that you include must attend your asylum interview.

Note: If you file your asylum application with USCIS, but later your case is sent to immigration court, your family members may no longer be included in your asylum case. Read below about how to check if your cases are together in immigration court.

  • Immigration court: 

The process in immigration court is more complicated. To include your family member in your asylum case, your cases must be together in immigration courtThis means that you have the same immigration judge, the same court dates, and you are listed together on court documents such as the Notice to Appear or Hearing Notice.

    • If your cases are already together in immigration court, your family member can automatically be included in your asylum case. When you complete your asylum application, answer “Yes” to the question in Part A.II, “If in the U.S., is your spouse/this child to be included in this application?” Each family member may also want to file their own separate asylum application, because then an immigration judge can grant other protections from deportation.
    • If you and your family members have separate cases in immigration court, you can all apply for asylum using separate applications. You can also consider requesting that your cases be combined. You may want to seek advice from an immigration attorney to help determine the best strategy for your family.
    • If your family member does not have a case in immigration court at all, they will not be included in your asylum case.

3. If you win asylum, you can petition (apply) for qualifying family members. 

  • If you cannot include your spouse or children in your asylum case but you later win asylum, you may still be able to request immigration status for them:
Was this information helpful?

Last Reviewed: September 28, 2023