Can my relatives immigrate?
If the applicant applied for a Political Asylum, and was granted the Asylee status after the Immigration Interview or Court within the past two (2) years, the applicant can apply petition for his/her husband and/or child (children) (under 21 when the applicant applied for the Asylum).
The petitioner should have the Asylee Status only within the past 2 years. If the petitioner wants to apply for his/her spouse, they had to be married before the Approval of the Asylee Status (before the applicant was granted Asylum).
Why I cannot file a petition for my relatives?
- If you were a derivative applicant (not the main applicant);
- You were granted the Asylum Status more than two (2) years ago (the USCIS can waived the limitation);
- You are the U.S. citizen.
- The beneficiary is not your spouse or child.
To apply, the applicant needs the following documents:
1. I-730, Refugee/Asylee Relative Petition; The applicant should file a separate form for each family member (download here);
2. Prove of Asylee Status;
3. Photo of relative;
4. Marriage certificate, if you apply for your spouse;
5. Spouse’s birth certificate, if you apply for your spouse;
6. Divorce certificate, if you or your spouse had a previous marriage;
7. Child’s birth certificate, if you apply for your child;
8. Translations for each document, that is not in English;
9. Additional documents may be required (discuss with your attorney and check the instructions on the USCIS web site).
If your relative is in the United States, the USCIS can schedule an interview for him/her. If you relative is outside of the United States, the appropriate authority will schedule an interview in his/her country of residence. In both cases, your relative will receive a notice with date, time, and exact location of the interview.
Your relative can apply for Adjustment of Status in the future. When your relative arrives to the United States, he/she can apply for a permanent resident card after 1 year since the arrival date. The permanent resident card will have the same basis as yours – Asylee Status (ask the attorney for more details).
