08 May 2012

Matter of A-Y-M-, ID 3750, 25 I&N Dec. 791 (BIA 2012)

Matter of A-Y-M-, ID 3750, 25 I&N Dec. 791 (BIA 2012) - Following the enactment of the Child Status Protection Act, Pub. L. No. 107-208, 116 Stat. 927 (2002), an unmarried alien seeking derivative asylum status based on the approval of his or her parent’s application for asylum who turned 21 while the application was pending continues to be classified as a “child” for purposes of qualifying for derivative status under section 208(b)(3)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1158(b)(3)(B) (2006).