If you have settled in the U.S. as a refugee or you were granted asylum, you can file Form I-730, Refugee/Asylee Relative Petition with U.S. Citizenship and Immigration Services (USCIS), along with supporting documents. This will allow your spouse and your unmarried children under age 21 to accompany or join you in the United States in derivative asylee/refugee status. You have two years from your grant of asylum or refugee status to apply for this status for these qualifying family members unless this requirement is waived by the U.S. for good cause.
Note that you must be the principal asylee or refugee in order to file I-730 for your family member. If you were granted derivative asylee or refugee status, you are not eligible to file a Form I-730.
Form I-730 and instructions are available on the I-730 page of the USCIS website (www.uscis.gov). And for additional help completing the package, see Checklist for Preparing Form I-730 for Submission.
This article provides detailed instructions on filling out the form.
The following criteria must be met before you can petition your relative to become a derivate asylee or refugee:
Here is some helpful line-by-line advice for completing Form I-730. If the answer is self-explanatory, we will skip it.
START HERE: Check the box that best describes you: Refugee, Asylee, Lawful Permanent Resident based on previous Refugee status, or Lawful Permanent Resident based on previous Asylee status. Next, check the box for the relative for whom you are petitioning (your “beneficiary”). You must fill out a separate Form I-730 for each qualifying relative you wish to bring to the United States. Then enter the number of relatives for whom you are submitting Form I-730. There is a space here that says ____ of ____. If you are filing just one relative petition, write "1 of 1." If you are filing for more than one, write the number of petitions you are filing on the second line and number each one separately. (For example "1 of 3.")
Part 1. Information About You, The Petitioner: This section is self-explanatory. Enter your name, address, date of birth, gender, alien registration and Social Security numbers, country of birth, and nationality. You will also be asked to list any other names you have used, provide information about your current and previous marriages, and answer questions about your receipt of asylum or refugee status. For any question in Form I-730 that doesn’t apply to you, do not leave the space blank. Instead, type either “N/A” for “not applicable” or “none,” whichever best fits the situation.
Part 2. Information About Your Alien Relative , the Beneficiary: You will be asked the same questions about your family member that you answered for yourself in Part 1, along with additional questions. If your relative is in the U.S., check the appropriate box. If your relative will apply for travel authorization, list the U.S. consulate or international USCIS office that is most convenient. Make sure to write the mailing address in the language of the country where your beneficiary resides. If you have hired someone to assist you in preparing Form I-730, he or she should check the box “To Be Completed By Attorney or Representative”and provide identification here along with an attached Form G-28.
English and other language fluency: Check the boxes that describe your family member’s language fluency. If your family member who is applying for derivative asylum does not speak fluent English and resides in the U.S., you will need to bring a competent interpreter of 18 years of age or older to the interview who is fluent in both English and the language your family member speaks. A witness, attorney, or employee or representative of your country MAY NOT serve as an interpreter. If you are applying for derivative refugee status for your family member, an interpreter is not required, but it is highly recommended. Relatives outside of the U.S. usually will not require an interpreter at their overseas interview.
U.S. immigration history: You will need to provide information about your relative’s U.S. immigration history. If your relative is or was ever in removal proceedings in Immigration Court, list the court’s name here (and consult an attorney about the implications of this history for your relative's current eligibility). You will later be asked to list all dates and places of U.S. entry, the I-94 number (from the little card put into the passport upon entry to the U.S. or if you entered after April 2013 and did not receive a paper I-94, you can download this information from the Customs & Border Protection website) for any visits, and his or her immigration status at the time. If your relative entered without inspection, type “EWI” in the space for status and write “none” for I-94#.
Part 3. 2-Year Filing Deadline: If you are filing Form I-730 more than two years after you were admitted as a refugee or granted asylum, check “yes” here and provide good reasons for not having applied prior to the deadline. USCIS decides on a case-by-case basis whether to allow late submissions of a relative petition. You should also attach evidence to support your explanation. For example, if you were unable to timely file due to illness, you can attach a note from your doctor or copies of medical records that can prove your incapacity.
Part 4. Warning: This section will warn you that if your relative is in the U.S. but is found to be removable due to immigration or criminal violations or any other grounds of inadmissibility, he or she will be placed into removal proceedings if the I-730 petition is denied. Any information you provide to USCIS can be used in removal proceedings, which is why it is important to consult an experienced immigration attorney who can advise you of whether or not you should submit Form I-730 for a relative who is currently in the United States.
Parts 5-7. Signatures: You (the “petitioner”) will need to sign and date the form here. If your relative is in the U.S., he or she should also sign and date. If not, that section may be left blank. If somebody helped you prepare the petition, that person should also sign, date, and provide identifying information
Part 8. To Be Completed at Interview of Beneficiary, If Applicable. DO NOT COMPLETE THIS SECTION. If your family member is over age 14 and is interviewed, he or she will sign here at that time.
After you have completed the I-730 application, make a copy of it and any supporting documentation for your files. If you will be submitting any foreign language documents, these must be accompanied by a complete English translation, in which the translator certifies his or her competence to translate and that the translation is accurate.