My husband is an asylum in the us. We got married and its been a year almostNow i have to go back to europe and i am a citizen. Is it possible for him to come along with me Eventhough he isnt from europe ?
Did your husband get a green card yet? Where are you traveling? What country is your husband from?
No he doesnt have a green card.We are goin to Belgium and he is from Nepal.
So basically, are you asking a US immigration question? Or a Belgium immigration question?
I'm unsure of how the immigration laws work here, if I'd like him to move with me to Belgium. I guess this would be a Belgium immigration question. I'm a Belgian citizen. My husband is seeking asylum in the United States. Is it possible for him to receive a visa to enter Belgium with me, from within the United States ? We've been married for a year, and he is originally from Nepal. I don't know how long it takes, or what documents are required for our planned solution. I'd really appreciate any help as, it is a becoming a matter of urgency. Thank you
Okay, well unfortunately, I am only a US immigration Expert, so I'll have to pass you along to the European Law topic area. Hopefully an Expert there can help you. My apologies for any inconvenience this may have caused. I was under the impression you were asking a US immigration question. Please be patient, as it may take some time to get you to the right Experts.
Thank you for your question.
Please could you tell me what citizenship you hold?
How long do you plan on staying in Belgium?
The belgian citizenship and we are planning to stay for about 4-5years.
Thanks for confirming.
When you return to Belgium, will you be working?
Does your husband have his passport?
Yes I will be working full time.and yes he does, Nepalese passport.
As the spouse of a Belgian citizen, your husband has a right to live with you in Belgium under Article 40 ter of the Belgian Immigration Law 1980, since you will be working in Belgium upon your return there.
In order to enter Belgium, he will need a Schengen visa. As soon as you have arrive in Belgium, you should both register with your local authority. Your husband should apply for a residence card.
I hope this answers your question. Please don't forget to click accept and leave feedback. Thanks in advance.
Thank you for your response. That is good news. But, will he be able to apply for a Schengen visa from here in the US ? I entered the US under the visa waiver program, and have unfortunately overstayed my legal limit - but, it's been less than a year. Does he have to apply from his country of origin ? Last question - If I return to Belgium, before him (still married), is he able to apply himself for a Schengen visa from here in the US, and fly to Belgium ? Thank you.
I am happy to answer more questions, but I'd be grateful if you could click accept.
Does your husband have asylum status in the US?
I look forward to hearing from you.
To be able to know where your husband should apply, I need to know if he has been recognised as a refugee by the US authorities. Please could you tell me if this is the case?
Relist: Incomplete answer.
Hi,In response to your additional questions :1. If he is an asylum seekers in the US, yes your husband will be entitled to apply from the USA. 2. He does not necessarily require you to be present when making the application although he will require you to provide documentary evidence. I hope this answers your questions. If so, kindly click ACCEPT. If you wish to discuss, please feel free to ask further questions. Kind regards,
I am afraid that the issue is not quite as straight forward as the other lawyer has made it out to be, although he is correct that you do not need to be present in the US when he makes his application.
The place where your husband should apply for his Schengen entry visa depends on where he is normally resident. The mere fact that he has applied for asylum in the US does not make him legally resident there.
The Schengen visa code requires that "An application shall be examined and decided on by the consulate of the competent Member State in whose jurisdiction the applicant legally resides."
As a result, there is a risk that the Belgian consular authorities in the US are likely to consider that they are not competent to issue your husband's visa.
To minimise this risk, your husband will need to provide them with a copy of his asylum application to show that he cannot return to Nepal. He will also need to provide them with a certified copy of your passport and your marriage certificate. He will also have to provide a letter from you inviting him to Belgium and confirming that you will provide him with accommodation and finances during his stay.
I hope this answers your question. Please don't forget to click accept.
Hi,As stated above, if your husband is an asylum seeker under the definition provided by the refugee convention 1951 and has submitted an application for asylum in the US and has been recognised as an asylum seekers, he will be able to apply from within the US. He will have to enclose as much as evidence about his status in the US as possible when making the application. I hope this answers your question. If so, kindly click ACCEPT. Kind regards,
I forgot to say that in the event that your husband faces problems with his visa or obtaining his residence card in Belgium, he should contact the European Commission's Your Europe Advice:http://ec.europa.eu/citizensrights/front_end/enquiry/index_en.htm
They can assist you free of charge.
I hope this answers your question. I'd be grateful if you could click accept. Thanks in advance.
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