Green Cards & Immigrant Visas I-730 Refugee/Asylee Relative Petition

If you are in the United States and were granted asylee or refugee status, you can file an asylee/refugee petition for your close family members to join you in the United States or stay in the United States. 

Form I-730, Refugee/Asylee Relative Petition allows asylees/refugees (who are 18 years old or older) to file a petition for their spouse and unmarried children under the age of 21 so that they could also receive derivative asylee/refugee status. You must file your form I-730 within 2 years of receiving your asylee/refugee status. If you have missed the 2-year deadline, you could seek a humanitarian waiver to allow you to file late. You must show a good reason why you missed your deadline, such as being seriously ill or hospitalized. 

Once your I-730 is approved and your spouse and children are living abroad, they will attend an interview at a U.S. embassy or consulate before they are issued a visa. If your relatives are already in the United States, they will be scheduled to appear for an interview at a local United States Citizenship and Immigration Services (USCIS) office. 

The good thing about filing a Form I-730 petition is that your relative does not have to prove that they meet the main requirements of asylum (i.e., suffering past persecution or fearing future persecution on the basis of a protected ground). They only need to establish the relationship through a marriage certificate and/or birth certificate. However, you must show that the relationship existed on the day you were granted asylee/refugee status. For example, if the marriage took place after the grant of asylum, you cannot file an I-730 petition for your spouse.

It is important to file your I-730 soon after you are granted asylee/refugee status since there is a 2-year deadline. You could file your I-730 as any asylee/refugee, or after you become a green card holder (lawful permanent resident). However, once you become a citizen, you cannot file an I-730, even with a late-filing waiver. Instead, you will need to file an I-130, Petition for Alien Relative which is typically a longer and more tedious process. Also, if you plan on filing an I-730, it is important to make sure your children do not get married since that would disqualify them from receiving derivative asylee/refugee status.

Lastly, before filing your I-730, it is important to determine whether your relative is barred from receiving asylee or refugee status. For example, if your relative has a criminal history, persecuted others or is a threat to the U.S. safety or security, they could be barred from receiving asylee/refugee status. Therefore, it is important to consult with an experienced immigration attorney before filing your I-730 to make sure your relative is eligible to receive derivative asylee/refugee status. 

Contact Boyadzhyan Law for a free initial case evaluation. (818) 572-4100 | info@boyadzhyanlaw.com