Instructions For Form I-730 - Refugee/asylee Relative Petition (Page 2 of 7) in pdf

this form must include his or her name, address, telephone

In all cases, your child must be unmarried on the date you

number, and sign the petition where indicated in Part 7.

filed this petition, and at the time it is decided by USCIS in

Failure of the preparer to sign will result in the petition being

order to receive derivative asylum or refugee status.

returned to you as an incomplete petition. If USCIS later

2. A spouse or child of a principal refugee must not have

learns that you received assistance from someone who

ordered, incited, assisted, or otherwise participated in the

willfully failed to sign the petition, this may result in an

persecution of another (see INA Section 207(c)(2)(A)) and

adverse ruling against you.

must be otherwise admissible as an immigrant. A spouse or

child of a principal asylee must not be subject to the

Title 18, United States Code (U.S.C.), Section 1546(a),

mandatory bars of 8 CFR Section 208.21.

provides in part:

NOTE: If the spouse or child of a principal asylee is

Whoever knowingly makes under oath, or permitted

otherwise inadmissible as an immigrant, this fact may be

under penalty of perjury under Section 1746 of Title

considered in determining whether USCIS will exercise

28, United States Code, knowingly subscribes as

favorable discretion to grant accompanying or following-to-

true, any false statement with respect to a material

join asylee benefits to such spouse or child.

fact in any application, affidavit, or other document

required by the immigration laws or regulations

A petition may not be approved for the following

prescribed thereunder, or knowingly presents any

persons

such application, affidavit, or other document

containing any such false statement shall be fined in

1. A spouse or child who has previously been granted

accordance with this title or imprisoned not more

refugee or asylee status;

than 10 years, or both.

2. An adopted child, if the adoption took place after the

If aggravating factors exist, the maximum term of imprisonment

child became 16 years of age, or if the child has not been in

for a conviction under 18 U.S.C. Section 1546(a) could reach 25

legal custody and living with the adoptive parent(s)

years.

for at least two years;

3. A stepchild, if the marriage that created this relationship

If you knowingly provide false information on this petition,

took place after the child became 18 years of age;

you or the preparer of this petition may be subject to criminal

penalties under Title 18 of the U.S.C. and to civil penalties

4. A husband or wife, if each was not physically present at the

under section 274C of the INA, 8 U.S.C. 1324c.

marriage ceremony, and the marriage was not

consummated;

General Instructions

5. A husband or wife, if it is determined that such alien has

attempted or conspired to enter into a marriage for the

Type or print legibly in blue or black ink.

purpose of evading immigration laws; and

If you need extra space to complete any item, attach a separate

sheet of paper, indicate the item number, date, and sign each

6. A parent, sister, brother, grandparent, grandchild,

sheet of paper.

nephew, niece, uncle, aunt, cousin, or in-law.

Answer all questions fully and accurately. Portions left

Warning: If your alien relative is in the United States

unanswered may result in a Request for Evidence. If a

illegally, he or she is subject to removal if Form I-730 is

question does not apply to you (for example, if you have never

not granted by USCIS. Any information provided in

been married and the question asks, “Provide the name of your

completing this petition may be used as a basis for

current spouse”), type or print “N/A,” unless otherwise

initiating, or as evidence in, removal proceedings, even if

directed. If your answer to a question which requires a

the petition is later withdrawn. Unexcused failure of your

numeric response is zero or none (for example, “How many

alien relative to appear for an appointment to provide

children do you have” or “How many times have you departed

biometrics (such as fingerprints) and other biographical

the United States”), type or print “None,” unless otherwise

information within the time allowed may result in

directed.

dismissal of the petition. See 8 CFR Section 103.2(b)(13).

In Part 2, on Page 1, supply the current residential and

Penalty for Perjury. All statements in response to questions

mailing addresses (include the mailing address if it is different

contained in this petition are declared to be true and correct

from the residential address) of your alien relative and indicate

under penalty of perjury. You and anyone who assists you in

whether your alien relative is living inside or outside of the

preparing the petition must sign the petition under penalty of

United States. If your alien relative is outside of the United

perjury. Your signature is evidence that you are aware of the

States, indicate at which USCIS Office or U.S. Embassy or

contents of this petition. Any person assisting you in preparing

consulate your alien relative will apply for travel authorization.

Form I-730 Instructions (05/30/17) N Page 2

Instructions For Form I-730 - Refugee/asylee Relative Petition Page 2

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