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How to bring my family

If you are granted asylum, you can apply to bring your spouse and children to the United States by presenting the Form I-730, Refugee/Asylee Relative Petition.

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You must file the petition within two years from the date you were granted asylum, unless there are humanitarian reasons that exempt you from meeting this deadline. 

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Which family members of refugees or asylum seekers are eligible for the Form I-730 petition?

 

" Spouse

» Unmarried daughters or sons under 21 years of age

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requirements

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The family link between you and the family member must exist from the date you obtained asylum or refugee status, or before. You and your spouse must have been married by the time you received refugee or asylum status. Your daughter or son must have been born on the date you obtained refugee or asylum status

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  • Your daughter or son must be under the age of 21 when USCIS receives your initial asylum application. Alternatively, you must have been under 21 when USCIS interviewed you about your refugee status. If you are currently over 21, you may still qualify for derivative status if you were under 21 at the time of your initial application for asylum or refugee. In addition, you must have included your daughter or son in theform I-589 or theform I-590 when you first applied for status.

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  • Your daughter or son must remain unmarried by the time USCIS approves your Form I-730 petition.

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  • Your adopted sons, daughters, stepdaughters, or stepsons must meet certain age requirements to apply for derivative status. Adopted sons or daughters are eligible if you adopted them before they turned 16. Stepdaughters or stepsons qualify if they were under 18 when you married their parent.

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  • Family members applying for derivative status must not have persecuted third parties. If your family member ordered, caused, collaborated, or contributed to persecution based on race, religion, nationality, or political views, they will not qualify for asylum.

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Support documents:

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  • Proof that you are a refugee or asylum in the United States.

  • Recent photographs of the relatives for whom you are making the request.

  • If the application is for your spouse, your marriage certificate.

  • If the application is for a biological daughter or son, a stepdaughter or a stepson, your birth certificate.

  • If the application is for an adopted daughter or son, the adoption decree and records showing that you have lived with your adopted daughter or son for at least two years.

  • If the application is for a stepdaughter or stepson, your marriage certificate to the biological mother or father.

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