Instructions For Form I-730 - Refugee/asylee Relative Petition

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OMB No. 1615-0037; Expires 05/31/2019
Department of Homeland Security
Form I-730, Refugee/Asylee Relative Petition
U.S. Citizenship and Immigration Services
a. If the person you are filing for is a child who was
Who May File Form I-730?
conceived but not yet born on the date you were admitted
to the United States, the relationship will be
If you have been admitted to the United States as a refugee or
considered to exist as of the date you were admitted to
if you have been granted status in the United States as an
the United States (See NOTE 2).
asylee, and you were the principal applicant for your family,
you may file Form I-730, Refugee/Asylee Relative Petition
b. The mother of such child is not an eligible relative
provided that your refugee admission or asylum grant
unless the mother was married to you, the principal
occurred within the past two years. Approval of Form I-730
refugee, when you were admitted to the United States.
for a relative abroad does not guarantee visa issuance. A
separate Form I-730 must be filed for each qualifying family
NOTE 2: If your child was physically born in the United
member for whom you are petitioning.
States, then the child is a U.S. citizen, and you do not need to
file this form. You should obtain documentation of the child's
citizenship, such as a birth certificate or passport.
Who May Not File Form I-730?
If you are a principal asylee
You are not eligible to file this petition if:
1. The relationship between you and your relative must
1. You were granted status as an accompanying or following-
have existed on the date you were granted asylum in the
to-join derivative refugee or asylee;
United States and must continue to exist.
2. You were admitted to the United States as a refugee more
a. If the person you are filing for is a child who was
than two years ago (see NOTE 1 );
conceived but not yet born on the date you were granted
3. You were granted status in the United States as an asylee
asylum in the United States, the relationship will be
more than two years ago (see NOTE 1); or
considered to exist as of the date you were granted
asylum in the United States (See NOTE 3).
4. You became a naturalized U.S. citizen prior to filing Form
I-730, Refugee/Asylee Relative Petition. If you are
b. The mother of such child is not an eligible relative
currently a U.S. citizen, you may also file Form I-130,
unless the mother was married to you, the principal
Petition for Alien Relative, to petition for your spouse or
asylee, when you were granted asylum in the United
children at any time. (NOTE: If you previously filed
States.
Form I-730 for your relative when you were a principal
refugee or principal asylee or a Lawful Permanent
NOTE 3: If your child was physically born in the United
Resident (LPR) who acquired such status after being
States, then the child is a U.S. citizen and you do not need to
admitted to the United States as a principal refugee or
file this form. You should obtain documentation of the child's
being granted asylum as a principal asylee, and have since
citizenship such as a birth certificate or passport.
become a naturalized U.S. citizen, United States
Citizenship and Immigration Services (USCIS) may
Children who have reached 21 years of age
continue to process your Form I-730 if it has not been
adjudicated).
1. For asylees, a child who is under 21 years of age on the
date the Form I-589, Application for Asylum and
NOTE 1: The two-year limitation may be waived by USCIS
Withholding of Removal, is received by USCIS will
for humanitarian reasons. Explain in Part 3 of the form why
continue to be classified as a child for purposes of
you could not file within two years of being granted status.
determining asylum eligibility and related benefits. For
USCIS will make a decision based upon the explanation.
refugees, a child who is under 21 years of age on the date
the principal alien is first interviewed by USCIS will
Who Is Eligible to Receive Accompanying or
continue to be classified as a child for purposes of
Following-to-Join Benefits?
determining refugee eligibility and related benefits. In both
Your spouse and/or your unmarried child(ren) under the
cases, in order to be considered a derivative child, the
age of 21, whether living inside or outside of the United
principal alien must have listed the child on Form I-589,
States, are eligible for accompanying or following-to-join
Registration for Classification as Refugee, as appropriate,
benefits provided that the family member(s) qualify under
prior to the derivative's 21st birthday and prior to
the conditions described below.
adjudication of the application. If your Form I-589 or Form
I-590 was filed before August 6, 2002, and your child
If you are a principal refugee
turned 21 years of age prior to that date, that application
must still have been pending on August 6, 2002, in order
1. The relationship between you and your relative must have
for your child to continue to be classified as a child.
existed on the date you were admitted to the United States
as a refugee and must continue to exist.
Form I-730 Instructions (05/30/17) N Page 1

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