Asylum Refugee Relative petitions

Asylum & refugee relative petitions (I-730): who qualifies and how to file

If you were granted asylum in the U.S. or admitted as a refugee, you may file Form I-730 to bring your spouse and unmarried children under 21 as derivatives. However, strict relationship, timing, and evidence rules apply, so we map eligibility before you file.

Who you can petition (derivative family)

Spouse (legally married to you before your asylum grant or refugee admission).
Unmarried children under 21 (biological, step, or adopted—adoption must meet immigration rules).
Therefore, verify the relationship existed on the key date (grant/admission), or your petition can be denied.

Filing window and key timing rules

General deadline: File I-730 within 2 years of your asylum grant or refugee admission.
Waiver: USCIS may excuse late filing for humanitarian reasons, but approvals are discretionary.
Child’s age: The CSPA may protect some children who turned 21 after your grant; act quickly to preserve eligibility.

Where your family is located (U.S. vs. abroad)

Family abroad: I-730 approval goes to the overseas post (USCIS/consulate) for interview, security checks, and travel arrangements.
Family in the U.S.: They may complete derivative asylee/refugee processing domestically (procedures vary).
As a result, we tailor the strategy to each relative’s location and documents.

Evidence checklist (submit with I-730)

Your status proof: asylum approval or refugee admission documents.
Identity & relationship: passports/IDs, marriage certificate, birth certificates, adoption/step-parent proofs as applicable.
Photos: passport-style photos per instructions.
Name/identity consistency: translations and affidavits if names/dates vary.
If filing late: a detailed explanation and supporting humanitarian evidence.
Additionally, keep copies of all filings and receipts for every family member.

Process overview (step-by-step)

Screen eligibility (relationship date, age, marital status).
File I-730 for each qualifying relative with the evidence above.
Background checks & interview (abroad or in the U.S.).
Travel/entry or status issuance as a derivative refugee/asylee.
Next steps: later adjust to permanent residence (green card) when eligible.

After approval: work, travel, and green card

Work authorization: Derivative asylees/refugees are work-authorized; many apply for an EAD to have proof for employers.
Travel: Use correct documents; derivatives should consult before travel to avoid re-entry complications.
Adjustment of status: Derivative refugees generally adjust after 1 year in the U.S.; derivative asylees may also apply when eligible.

Common pitfalls (and how to avoid them)

Relationship formed too late: Marriage after your grant doesn’t qualify for I-730; consider other visa paths.
Child turns 21: Rely on CSPA where possible and file quickly to avoid disputes.
Name/date inconsistencies: Fix with translations, affidavits, and consistent civil records.
Missed 2-year window: Provide a strong humanitarian argument and evidence with any late filing.
Inadequate proof: Include clear relationship and identity documents up front to prevent RFEs.

FAQs

Do I need to file a separate I-730 for each child?
Yes—one I-730 per qualifying relative.

Can I include my parents or siblings?
No. The I-730 is only for a spouse and unmarried children under 21.

What if my child married after I filed?
Marriage ends eligibility for derivative asylee/refugee status.

Is a DNA test required?
Not always. However, posts may request DNA to resolve parent-child questions.

My spouse is in removal proceedings abroad—can I still file?
Yes, you can file; however, coordination with the post and case strategy is critical.

How we help

First, we confirm I-730 eligibility (relationship dates, age, CSPA). Next, we prepare airtight evidence and solve name/date issues. Then, we coordinate with the overseas post or USCIS, track interviews, and plan travel. Finally, we set a roadmap to work authorization and green card after arrival.

Ready to file an asylum/refugee relative petition (I-730)? Schedule a consultation or call (562) 495-0554.

Disclaimer: General information, not legal advice. Policies, forms, and local post procedures change; we confirm current rules before filing.

In an effort to clarify regulations for those applying for Asylum in the US, the USCIS issued an information collection request on Form I-730, Refugee/Asylee Relative Petition. If you are a principal refugee admitted to the United States within the past 2 years or a principal asylee who was granted asylum within the past 2 years, you (the petitioner) may use this form to request that your spouse and unmarried children under 21 years of age (the beneficiaries) join you in the United States. The NVC typically reviews submissions between 1 to 4 months. This phase requires: Payment of all necessary fees. Submission of all essential documents. There is no cost to file this petition.