Instructions For Form I-730 - Refugee/asylee Relative Petition (Page 5 of 7) in pdf

What If Secondary Evidence is Not Available?

Where To File?

If the secondary evidence described above is not available,

Please see our website at

or call the

you can submit affidavits. If you submit affidavits, they must

USCIS National Customer Service Center at 1-800-375-5283

overcome the absence of primary and secondary evidence.

for the most current information about where to file this

benefit request. For TTY (deaf or hard of hearing) call:

Affidavits

1-800-767-1833.

Submit written statements sworn to or affirmed by two

persons who were living at the time and who have personal

Interview Process

knowledge of the event you are trying to prove; for example,

the date and place of birth, marriage, divorce, or death. The

If your alien relative is living in the United States, USCIS

persons making the affidavits do not have to be U.S. citizens.

may request that he or she appear for an interview. A written

notice of the date, time, and place (address) of the scheduled

Each affidavit should contain the following information

interview will be sent to your relative. (In addition to your

regarding the person making the affidavit: his or her full name,

alien relative, you, the petitioner, may be asked to appear for

address, date, and place of birth and his or her relationship to

an interview.) See 8 CFR Section 103.2(a)(9) ("[A]

you, if any; full information concerning the event; and

petitioner... [or] a beneficiary...may be required to appear...for

complete details concerning how the person acquired the

an interview."). Your alien relative generally will be required

knowledge of the event.

to appear at an ASC for biometrics collection before the

interview will take place (See Biometrics (Fingerprints and

What Additional Documents Must You Submit?

Photographs) section of the instructions).

If your alien relative is in the United States, please submit a

USCIS suggests that your alien relative bring a copy of your

copy of both sides of his or her Form I-94, Arrival-Departure

Form I-730 to the interview. An immigration officer will

Record, if any.

interview your alien relative under oath and make a

determination concerning your petition. Your alien relative

may receive notification of the decision in the case on the day

Biometrics (Fingerprints and Photographs)

of the interview, or he or she will in some cases be notified of

the decision on a date after the interview. Your alien relative

Identity, background, and security checks are required on your

has the right to legal representation at the interview, at no cost

alien relative before he or she may be granted derivative

to the United States Government. Your alien relative also may

asylum or refugee status. For example, USCIS must check the

bring witnesses to the interview to testify on his or her behalf.

records of the U.S. Federal Bureau of Investigation (FBI) and

other information, including all relevant databases of the U.S.

If your alien relative, who resides in the United States, is

Government before derivative asylum or derivative refugee

unable to proceed with the interview in fluent English and

status may be granted to your relative. To facilitate these

you are applying for derivative asylum status for your

checks, USCIS may require your alien relative to provide

relative, he or she must provide at no expense to USCIS a

biometrics. Where applicable, this means that if your relative

competent interpreter fluent in both English and a

is 14 years of age or over, he or she must be fingerprinted and

language that your alien relative speaks fluently. See

photographed. Your alien relative will be given instructions

8 CFR 208.9(g). (See NOTE 4 if you are applying for

on how to complete this requirement. If your alien relative is

derivative refugee status for your relative). The interpreter

living in the United States and is subject to biometrics

must be at least 18 years of age. The following persons cannot

collection, he or she will be notified in writing of the

serve as the interpreter: you or your alien relative's attorney or

appointment time and the location of the Application Support

representative of record; a witness testifying on your alien

Center (ASC), or the designated Law Enforcement Agency

relative's behalf at the interview; or a representative or

where he or she must go to be fingerprinted and photographed.

employee of your country. Quality interpretation may be

If your relative is living outside of the United States, he or she

crucial to your petition. Assistance must be obtained at your

will be given instructions, if applicable, for fingerprinting and

expense prior to the interview.

photographs by DHS, the Department of State (DOS), or

Overseas Processing Entities (OPEs) (that is, organizations

Failure without good cause to bring a competent

who assist the U.S. government).

interpreter to the interview may be considered an

unexcused failure to appear for the interview. Any

Your relative's unexcused failure to appear for a scheduled

unexcused failure to appear for an interview may result in

appointment or to provide biometrics where required,

including fingerprints and photographs, or to provide other

dismissal of your petition (See NOTE 4).

biographical information within the time allowed may result in

the denial of your Form I-730.

Form I-730 Instructions (05/30/17) N Page 5

Instructions For Form I-730 - Refugee/asylee Relative Petition Page 5

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