Family of Refugees and Asylees

If you entered the United States as a refugee within the past 2 years or were granted asylee status within the past 2 years, you may petition for certain family members to obtain derivative refugee or asylee status. If you have not yet been granted or applied for refugee or asylee status, please see the “Refugees & Asylum” link to the right.

You May Petition for the Following Family Members:

• Spouse 
• Child (unmarried and under 21 when you first applied for asylum or refugee status)

Eligibility Criteria

• As the petitioner, you must be a principal refugee or asylee. This means that you were granted refugee or asylee status directly and did not obtain it through a relative.
• You entered the United States as a refugee within the past 2 years or were granted asylum within the past 2 years.
• You remain in refugee or asylee status or have become a permanent resident (received a green card). If you have already become a U.S. citizen through naturalization, you cannot petition to obtain derivative refugee or asylee status for a relative. However you may still be able to help family immigrate to the United States. See the “Family of U.S. Citizens” link to the left for more information. 
• The family relationship had to exist before you came to the United States as a refugee or were granted asylum:

o    If you want to file for your spouse, you had to be married before you entered as a refugee or were granted asylum. See the “Refugee & Asylee Spouses” link to the left for more information.

o    Your child had to be conceived (this means the mother was already pregnant) or born before you entered as a refugee or were granted asylum. See the “Refugee & Asylee Children” link to the left for more information.

Application Process

• File Form I-730, Refugee/Asylee Relative Petition. (This form is free to file. To download the form and instructions, see the “Forms” section to the right.)

If you entered the United States as a refugee within the past 2 years or were granted asylee status within the past 2 years, and are applying for derivative refugee or asylum status for your spouse, you must submit:

• Form I-730, Refugee/Asylee Relative Petition
• Proof of your status as a refugee or asylee
• Recent, clear photograph of your spouse
• Copy of your marriage certificate
• Copy of any divorce decrees, death certificates or annulment decrees if you or your spouse have been previously married
• Any evidence of legal name change if you changed your name or your spouse changed his or her name

You must file a Form I-730 petition for your spouse within 2 years of the date you were granted asylum status or within 2 years of admission to the United States as a refugee. This time period may be extended for humanitarian purposes.

No appeal is available for a denial of a Form I-730 petition. See the “Form I-730, Refugee/Asylee Relative Petition” link to the right for more information about this petition. No fees are required to submit Form I-730.

Spouse Application Responsibilities

• If your spouse is outside the United States, he or she will be notified to go to the local U.S. consulate to complete the processing. 
• If your spouse is currently inside the United States, USCIS will notify your spouse if the application is approved by sending you Form I-797, Notice of Action.

Note: A spouse who receives derivative refugee or asylum status cannot file a Form I-730 petition on behalf of any other relatives.

If you entered the United States as a refugee within the past 2 years or were granted asylum status within the past 2 years, and are applying for derivative refugee or asylum status for your child, your family relationship will determine the documents you must submit.

For asylum or refugee matters, a child is defined as being unmarried and under 21 when you first filed your application for asylum or refugee status.

Application Process: Mother

If you are a mother applying for refugee or asylum benefits for your child, you must submit:

• Form I-730, Refugee/Asylee Relative Petition (one for each child)
• Proof of your status as a refugee or asylee
• Recent, clear photograph of your child
• Copy of your child's birth certificate showing your name and the name of your child

Application Process: Father

If you are a father applying for refugee or asylum benefits for your child, you must submit:

• Form I-730 (one for each child)
• Proof of your status as a refugee or asylee
• Recent, clear photograph of your child
• Copy of child's birth certificate showing the name of both parents
• Copy of the marriage certificate if you are or were married to your child's mother
• If your were never married to your child's mother, proof that the child was legitimated by civil authorities or evidence that a parent-child relationship exists or existed
• Copy of any divorce decrees, death certificates or annulment decrees showing that any previous marriages by you and/or the child’s mother were legally terminated

Application Process: Step-Parent

If you are a step-parent applying for refugee or asylum benefits for your step-child, you must submit:

• Form I-730 (one for each step-child)
• Proof of your status as a refugee or asylee
• Recent, clear photograph of your step-child
• Copy of your step-child's birth certificate
• Copy of the marriage certificate for you and your step-child's natural parent
• Copy of any divorce decrees, death certificates or annulment decrees showing that any previous marriages by you and/or the child’s natural parent were legally terminated

Application Process: Adoptive Parent

If you are an adoptive parent applying for refugee or asylum benefits for your child, you must submit:

• Form I-730 (one for each child)
• Proof of your status as a refugee or asylee
• Recent, clear photograph of your adopted child 
• Certified copy of the adoption decree 
• Proof that you had legal custody of the child for at least 2 years (legal custody may have been granted prior to final adoption)
• Proof that your child lived with you for at least 2 years

Note: You must file a Form I-730 petition for your child within 2 years of the date you were granted asylum status or within 2 years of admission to the United States as a refugee. This time period may be extended for humanitarian purposes.

No appeal is available for a denial of a Form I-730 petition. No fees are required to submit Form I-730. See the “Form I-730, Refugee/Asylee Relative Petition” link to the right for more information.

Your Child's Application Responsibilities

• If your child is outside the United States, he or she will be notified to go to the local U.S. consulate to complete the processing. 
• If your child is currently inside the United States, USCIS will notify your child if the application is approved by sending you Form I-797, Notice of Action.

Note: A child who receives derivative refugee or asylum status cannot file a Form I-730 petition on behalf of any other relatives.