Tag: Family

  • “Camp Marriages” Recognized Again

    Effective immediately, USCIS officers will recognize a derivative refugee or asylee if there is evidence of an informal marriage where the spouses were unable to have their marriage legally recognized in the place of celebration because of their flight from persecution and circumstances beyond their control, or due to restrictive laws or practices in their country of origin or country of first asylum. The marriage must meet all other legal requirements, excepting the place of celebration rule, for the marriage to qualify for the benefit requested.

    The above statement is contained in USCIS policy guidance that restores an historic exception to recognition of foreign marriages, normally required to be in accordance with the laws of the jurisdiction in which the marriage was performed.

  • Family Can Be Social Group

    Family Based Asylum Claim Explained – 4th Circuit

    The 4th Circuit held: “The BIA and the IJ improperly focused on whether Gomez’s father and brother were threatened due to a protected reason in order to impute such protection to the whole family. This was in error. The correct analysis focuses on Gomez herself as the applicant, and asks whether Gomez was targeted because of her membership in the social group consisting of her immediate family. “

    http://www.ca4.uscourts.gov/Opinions/Unpublished/152576.U.pdf

     UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

    GOMEZ v. SESSIONS Case 15-2576 — Although unpublished, this provides guidance for those seeking asylum based on family persecution.