New York · est. 2013Saturday, September 5, 2026
Inside Immigration

Plain-language guides to US immigration, asylum and USCIS procedure.

Forms · Humanitarian

Following-to-join family of a refugee or asylee

The route for a refugee's or asylee's spouse and unmarried children under 21 to get the same status. The principal files Form I-730 within two years of their own grant or admission. There is no fee, and the family member can be inside or outside the United States.

Who it is for. People granted asylum or admitted as refugees, for a spouse they were married to and children who existed before the grant.

The forms, in order

3 forms
  1. 1

    File Form I-730 for each qualifying relative

    I-730

    Who
    The refugee or asylee principal
    When
    Within 2 years of the asylum grant or refugee admission, unless USCIS excuses the delay for humanitarian reasons
    Fee
    $0

    One petition per relative. The relationship must have existed at the time of the grant.

  2. 2

    USCIS adjudicates and, for relatives abroad, sends the case for consular or overseas processing

    Who
    USCIS and the Department of State
    When
    22.1 months national median in FY 2026
    Fee
    $0

    Relatives inside the United States are processed domestically.

  3. 3

    The relative is interviewed and, if approved, admitted or granted derivative status

    Who
    The relative
    When
    Varies by post
    Fee
    $0

    There is no immigrant visa fee for a following-to-join asylee or refugee relative.

  4. 4

    Apply for a work permit and, after a year, for a green card

    I-765I-485

    Who
    The relative
    When
    Green card application one year after admission or grant
    Fee
    $0 for the I-485 as a refugee; asylee derivatives pay the standard fee unless exempt

    Derivative asylees and refugees follow the same asylee or refugee green card route as the principal.

Where it goes wrong

  • The two-year deadline runs from the grant date, so a case that took years to decide can leave very little time.
  • A marriage that happened after the grant does not qualify, and neither does a child born after in some circumstances.
  • A child who turns 21 may still be protected by the Child Status Protection Act, but only if the petition was filed in time.
  • Refugee admissions have been suspended since January 2025, which has stalled the overseas side of many cases.

What changed in 2025 and 2026

  • Processing has tripled since FY 2024 while refugee admissions have been suspended by executive order.
  • Overseas processing capacity for following-to-join cases has been reduced along with the wider refugee programme.

Related processes

Sources: uscis.gov · uscis.gov · uscis.gov · egov.uscis.gov · uscis.gov