1. What is Form I-730 and who can file it?
Form I-730, also known as the Refugee/Asylee Relative Petition, is a form used by refugees or asylees who have been granted protection in the United States to petition for their qualifying family members to join them in the country. Specifically, this form allows refugees and asylees to request derivative status for their spouse and unmarried children under the age of 21. The qualifying family members must be outside of the United States at the time the petition is filed. Generally, the principal refugee or asylee who was granted protection is the one who files Form I-730 on behalf of their eligible family members.
1. Refugees who have been admitted to the United States and granted refugee status, as well as asylees who have been granted asylum in the U.S., can file Form I-730 to petition for their qualifying family members to join them in the country.
2. Qualifying family members who can be included in the petition are the spouse and unmarried children under the age of 21 of the principal refugee or asylee.
2. Who qualifies as a derivative beneficiary on Form I-730?
Derivative beneficiaries who qualify to be included on Form I-730, Refugee/Asylee Relative Petition, are the spouse of the principal asylee or refugee, as well as unmarried children who are under the age of 21 and unmarried at the time of filing the petition. These individuals must be residing outside the United States at the time of the petition submission and must be able to demonstrate that they are eligible for derivative status based on their relationship to the principal applicant who has been granted refugee or asylee status in the United States. The inclusion of derivative beneficiaries on the Form I-730 allows them to potentially join their qualifying family member in the U.S. as refugees or asylees.
3. What documents are required to support a Form I-730 petition?
1. When filing a Form I-730 Refugee/Asylee Relative Petition, it is crucial to provide thorough documentation to support the application. The following documents are typically required to strengthen the petition:
2. Relationship Evidence: This includes documents such as birth certificates, marriage certificates, adoption decrees, or other proof of the family relationship between the petitioner and the beneficiary. It is essential to establish the familial connection as claimed in the petition.
3. Proof of Asylum or Refugee Status: Documentation demonstrating that the petitioner has been granted asylee or refugee status in the United States is necessary. This can include a copy of the approval notice, I-94 arrival/departure record, or other relevant immigration documents.
4. Identity Documents: Both the petitioner and the beneficiary must provide valid identification documents such as passports, national identity cards, or other official identification papers.
5. Affidavit of Support: The petitioner must demonstrate their ability to financially support the beneficiary upon their arrival in the United States. This may require the submission of income tax returns, pay stubs, bank statements, or other financial evidence.
6. Additional Supporting Evidence: Depending on the specific circumstances of the case, additional evidence may be required to strengthen the petition. This can include letters of support, photographs, or any other relevant documentation that helps establish the validity of the relationship and the need for refugee/asylee status for the beneficiary.
Submitting a well-documented Form I-730 petition with all the necessary supporting documents can significantly increase the chances of approval and expedite the process of reuniting family members in the United States.
4. Can the petitioner file Form I-730 for more than one family member?
Yes, the petitioner can file Form I-730 for more than one family member, as long as each family member meets the eligibility criteria and the relationship to the petitioner is verified. When filing for multiple family members, a separate Form I-730 must be submitted for each eligible relative. It’s important to note that each family member must individually qualify as a derivative beneficiary of the principal asylee or refugee. The eligibility requirements, documentation, and supporting evidence should be provided for each family member listed on a separate petition to ensure that all relevant information is considered for each beneficiary. Additionally, it’s advisable to consult with an immigration attorney or legal expert to navigate the application process effectively and address any specific circumstances related to filing for multiple family members.
5. How long does it take for USCIS to process a Form I-730 petition?
The processing time for a Form I-730 petition filed with USCIS can vary depending on various factors. As of the latest information available, it typically takes around 8 to 10 months for USCIS to process a Form I-730 petition. However, this processing time can be affected by factors such as the volume of petitions received, the complexity of the case, and any request for additional evidence or clarifications from USCIS. It is important for petitioners to regularly check the USCIS website for updates on processing times and to ensure all necessary documentation is provided to avoid delays in the processing of the petition.
6. Can a refugee or asylee file Form I-730 for a spouse or child who is outside the United States?
Yes, a refugee or asylee can file Form I-730, Refugee/Asylee Relative Petition, for their spouse or child who is outside the United States. This application allows eligible family members of refugees or asylees to join them in the United States as beneficiaries of their refugee or asylum status. To be eligible, the family member must be the spouse or unmarried child under the age of 21 of the refugee or asylee. The petitioner must meet certain requirements and establish the qualifying relationship with the family member they are seeking to bring to the United States. Once approved, the family member can then apply for refugee or asylee status and subsequently join their qualifying relative in the U.S. in accordance with the provisions of the Form I-730 petition.
1. The petitioner must have been granted asylum or admitted to the U.S. as a refugee within the past two years.
2. The spouse or child must have been living outside the U.S. at the time the petitioner’s asylum or refugee status was approved.
7. Can a derivative beneficiary on Form I-730 work in the United States?
No, a derivative beneficiary on Form I-730 cannot work in the United States solely based on their status as a derivative beneficiary. In order to work in the U.S., the derivative beneficiary would need to obtain proper work authorization. This typically involves applying for an employment authorization document (EAD) separately from the Form I-730 petition process. Once the EAD is obtained, the derivative beneficiary would be legally authorized to work in the U.S. subject to any restrictions specified on the EAD. It is important for derivative beneficiaries to comply with U.S. immigration laws and regulations regarding employment to avoid any potential issues with their immigration status.
8. What happens if a Form I-730 petition is denied?
If a Form I-730 petition is denied, the petitioner will receive a denial notice from USCIS detailing the reasons for the denial. In case of denial, the petitioner may:
1. Appeal the Decision: The petitioner may be able to file an appeal or a motion to reopen or reconsider the application, depending on the circumstances of the denial.
2. Reapply: If the denial was due to a fixable issue or if the circumstances have changed, the petitioner may consider reapplying.
3. Seek Legal Assistance: It is advisable to consult with an experienced immigration attorney who can review the denial notice, assess the reasons for denial, and provide guidance on the best course of action.
4. Explore Alternative Options: If the Form I-730 petition is denied, the petitioner may want to explore other available immigration options that may be suitable for their particular situation.
Overall, a denial of a Form I-730 petition can be disheartening, but it is important to carefully review the denial notice and consider all available options before proceeding.
9. Can a derivative beneficiary on Form I-730 apply for a Green Card?
Yes, a derivative beneficiary on Form I-730 can apply for a Green Card once they are admitted to the United States as a refugee or granted asylum. In order to apply for a Green Card, the derivative beneficiary must meet the eligibility requirements, including being physically present in the United States for a certain period of time, passing background checks, and meeting any other specific criteria outlined by U.S. Citizenship and Immigration Services (USCIS). The process of obtaining a Green Card for a derivative beneficiary of an I-730 petition involves filing Form I-485, Application to Register Permanent Residence or Adjust Status, and attending an in-person interview at a USCIS office. It is important to follow all instructions carefully and provide accurate and timely documentation to ensure a smooth process for obtaining the Green Card.
10. Is there a fee to file Form I-730?
Yes, there is no fee required to file Form I-730, which is the Refugee/Asylee Relative Petition. This form allows certain eligible family members of refugees and asylees already in the United States to come and live with the principal refugee or asylee. The lack of a filing fee for this form aims to facilitate family reunification and provide a pathway for eligible family members to join their loved ones who have been granted refugee or asylee status in the U.S. It is important to note that while there is no fee for filing Form I-730, applicants must meet all eligibility requirements and follow the instructions carefully to ensure a successful petition process.
11. Can a Form I-730 petition be filed if the petitioner is a Lawful Permanent Resident?
No, a Form I-730 petition cannot be filed by a Lawful Permanent Resident (LPR). The Form I-730, Refugee/Asylee Relative Petition, is specifically for refugees and asylees who are already in the United States to petition for their qualifying family members who are abroad to join them in the U.S. The petitioner in this case must be either a refugee or an asylee themselves, not an LPR. LPRs have different options available to petition for their family members to come to the U.S., such as filing a Form I-130, Petition for Alien Relative, for their immediate relatives or family preference relatives. It is important for LPRs to understand the specific immigration processes and forms applicable to their situation when petitioning for family members to join them in the United States.
12. What are the eligibility requirements for a derivative beneficiary under Form I-730?
A derivative beneficiary under Form I-730, which is the Refugee/Asylee Relative Petition for the United States, must meet certain eligibility requirements in order to be included in the petition. The primary eligibility requirement is that the individual must be the qualifying family member of the principal refugee or asylee petitioner. This typically includes the spouse and unmarried children under the age of 21. Other eligibility requirements for a derivative beneficiary include:
1. The relationship to the principal refugee or asylee petitioner must exist at the time the principal petitioner was granted refugee or asylee status.
2. The derivative beneficiary must be admissible to the United States, meaning they do not have any disqualifying factors that would prevent them from entering the country.
3. The principal petitioner must include the derivative beneficiary in their Form I-730 petition and demonstrate the qualifying relationship with supporting evidence.
Ensuring that the derivative beneficiary meets all eligibility requirements is crucial for a successful Form I-730 petition and eventual reunification with the principal refugee or asylee petitioner in the United States.
13. Can a refugee or asylee relative file Form I-730 if they are already in the United States?
1. Yes, a refugee or asylee relative who is already in the United States can file Form I-730, which is the Refugee/Asylee Relative Petition. This form allows qualifying relatives of refugees or asylees to be considered for refugee or asylee status themselves. The qualifying relatives include the spouse and unmarried children under the age of 21 of the principal refugee or asylee.
2. The purpose of Form I-730 is to reunite family members who have been separated due to fleeing persecution or seeking refuge in the United States. By filing Form I-730, the refugee or asylee relative can petition for their immediate family members to join them in the United States as refugees or asylees.
3. It’s important to note that the eligibility criteria for filing Form I-730 include the relationship between the principal refugee or asylee and the family member being petitioned for, as well as the continued refugee or asylee status of the principal applicant. Additionally, the family member being petitioned for must be outside their home country or the country of last habitual residence to be eligible for the benefits of Form I-730.
14. How does the petitioner show that they have been in the United States for 1 year prior to filing Form I-730?
To show that they have been in the United States for 1 year prior to filing Form I-730, the petitioner needs to provide evidence of their physical presence in the country. This can be demonstrated through various documentation such as:
1. Arrival and departure records from U.S. Customs and Border Protection (CBP).
2. Copies of passport pages showing entry and exit stamps.
3. Employment records, school records, or medical records showing their presence in the U.S.
4. Lease agreements or utility bills in the petitioner’s name.
5. Tax returns or other financial records showing activity in the U.S.
By providing a combination of these documents, the petitioner can effectively demonstrate their continuous physical presence in the United States for the required period before filing Form I-730 for their relative.
15. Can a Form I-730 petition be filed for a step-child or adopted child?
Yes, a Form I-730 petition can be filed for a step-child or adopted child under certain circumstances. Here is some information regarding each scenario:
1. Step-child: A Form I-730 petition can be filed for a step-child if the step-child relationship was created before the child turned 18 years old. The petitioning refugee or asylee must have obtained status before the step-child turned 21 years old. Additionally, the step-child must be unmarried and under 21 years of age at the time of filing the petition.
2. Adopted child: A Form I-730 petition can also be filed for an adopted child if the adoption took place before the child turned 16 years old. The adoption must have been finalized at least two years before the filing of the petition. The petitioning refugee or asylee must have obtained status before the adopted child turned 18 years old. Similarly, the adopted child must be unmarried and under 21 years of age at the time of filing the petition.
It is important to note that in both cases, the relationship between the petitioner and the step-child or adopted child must be established and proven through appropriate documentation. Additionally, eligibility requirements and specific details may vary, so it is advisable to consult with an immigration attorney or accredited representative for guidance on filing a Form I-730 petition for a step-child or adopted child.
16. Can a derivative beneficiary on Form I-730 travel outside the United States while the petition is pending?
Derivative beneficiaries included in a Form I-730 petition can generally travel outside the United States while the petition is pending, as long as they have the necessary travel documents and comply with all relevant immigration laws. However, it is crucial for the derivative beneficiary to consider the potential impact of traveling outside the U.S. on the pending petition. Here are some key points to keep in mind:
1. Traveling outside the U.S. can complicate the processing of the Form I-730 petition, especially if the beneficiary is not present in the country when a decision is made on the petition.
2. The derivative beneficiary should ensure they have proper documentation to re-enter the United States, such as a valid visa and other necessary travel documents.
3. It is advisable to inform the designated U.S. Citizenship and Immigration Services (USCIS) office handling the petition about any planned travel outside the country to avoid potential delays or complications in the process.
4. Additionally, staying in close communication with the petitioner and a legal representative throughout the travel period is recommended to address any unforeseen issues that may arise during the petition processing.
In summary, while derivative beneficiaries on Form I-730 petitions can travel outside the United States while the petition is pending, careful planning and consideration of the potential implications are essential to avoid any disruptions in the petition process.
17. What are the consequences if the petitioner does not attend the interview for a Form I-730 petition?
1. If the petitioner fails to attend the interview for a Form I-730 petition, it can have serious consequences for the petition and its processing. The interview is a crucial part of the adjudication process as it allows the USCIS officer to verify the information provided in the petition and assess the credibility of the relationship between the petitioner and the beneficiary.
2. Failure to attend the interview may result in the denial of the petition or a Request for Evidence (RFE) being issued, requesting further documentation or information to support the petition. If the petitioner continues to miss scheduled interview appointments without a valid reason, the petition may be deemed abandoned, and the case could be closed.
3. It is important for the petitioner to communicate with the USCIS as soon as possible if they are unable to attend the interview due to unforeseen circumstances. In some cases, the USCIS may reschedule the interview if a valid reason is provided. However, repeated failure to attend interviews or lack of communication may ultimately lead to the denial or abandonment of the Form I-730 petition.
18. Can a derivative beneficiary on Form I-730 apply for work authorization while the petition is pending?
Yes, derivative beneficiaries included in a Form I-730 petition can apply for employment authorization while the petition is pending. This is possible by filing Form I-765, Application for Employment Authorization, with the U.S. Citizenship and Immigration Services (USCIS). Once the Form I-765 is approved, the derivative beneficiary will be granted work authorization, allowing them to legally work in the United States while the Form I-730 petition for refugee/asylee relative is still pending. It is important for the derivative beneficiary to follow all USCIS instructions carefully and provide all required documentation to ensure a smooth processing of the work authorization application.
19. Can a Form I-730 petition be filed for a sibling?
Yes, a Form I-730 petition can be filed for a sibling under specific circumstances. In order to qualify, the sibling must meet certain criteria, including being the beneficiary of an approved refugee or asylee application, and must be unmarried and under 21 years of age at the time the initial refugee or asylee application was filed. Additionally, the sibling must have been under 18 years of age at the time the principal refugee or asylee was admitted to the United States. It is advisable to consult with an immigration attorney or the United States Citizenship and Immigration Services (USCIS) for guidance on the specific requirements and eligibility criteria for filing a Form I-730 petition for a sibling.
20. Can a derivative beneficiary on Form I-730 receive public benefits in the United States?
Derivative beneficiaries of Form I-730 petitions can generally receive public benefits in the United States. However, it is important to note that receiving certain public benefits may impact their immigration status or future eligibility for permanent residency. It is advised to consult with an immigration attorney or a qualified legal professional to understand the specific implications of receiving public benefits as a derivative beneficiary on Form I-730. Some factors to consider include:
1. Eligibility Criteria: Derivative beneficiaries must meet the eligibility criteria set forth by the program providing the public benefits.
2. Immigration Consequences: The receipt of certain public benefits could impact an individual’s immigration status, particularly if it is deemed as a public charge.
3. Legal Guidance: Seeking legal guidance is crucial in understanding the potential impact of receiving public benefits on one’s immigration status and future prospects in the United States.