US Immigration Options for Family Members of an asylee with approved asylum application.

After the asylum application is approved by USCIS or in immigration court, the asylum applicant obtains immigration asylum status, also known as asylee status.  Upon approval of the asylum application, the asylee may file the appropriate asylum relative petition for qualifying members abroad. Asylees are advised to file asylum relative petition as early as possible because it may take more than one year under current immigration processing time to schedule the visa interview in the US Embassy or Consulate abroad.

Family Asylum Petition is Filed with USCIS

Asylees with approved asylum immigration status can file Form I-730 with USCIS for their qualifying family members (spouse and children under 21 years of age) abroad. The petitioner must submit copies of the asylum application approval by immigration judge or USCIS officer along with Form I-730 to USCIS.  The petitioner must also submit evidence of the family relationship, such as birth certificate, marriage certificates or household registry. Please note that there is no filing fee for Form I-730.

The Two (2) Year Filing Deadline for Form I-730

According to current Immigration regulations, Form I-730 petition must be filed within 2 years of the asylee or refugee being admitted to the United States under that status.  USCIS may in their sole discretion choose to waive this requirement for humanitarian purposes. To request that USCIS make an exception to the two year filing deadline, the applicant must submit evidence that the failure to file within the 2 year deadline was outside the control of the asylee petitioner.

Spouse and Children under 21 Qualify for Asylum Family Petition

An asylee or refugee may petition the spouse or any unmarried children under the age of 21, whether living inside the United States or abroad as long as they meet the following requirements under immigration law:

1. The family relationship between the asylee petitioner and the relative (beneficiary) must have existed at the time the asylee was admitted to the United States.  Asylee is admitted into the United States on the day the asylum application was approved by USCIS or by an immigration judge in immigration court.
2. If the relative listed on the Form I-730 is a child who was conceived but not yet born at the time the asylum application was approved in the United States, the relationship will be considered to exist at the time petitioner’s asylum application was approved.  Please note that the same is not true if the mother is not married to the asylee petitioner.
3. If the child of the asylee is over the age of 21 at the time Form I-730 was filed, but was under the age of 21 when the asylum application was approved, the child will be considered a child for purpose of the asylee relative petition under immigration law.  The asylum rules only requires that the child be included on the initial asylum application before his or her 21st birthday.
4. If the child of the refugee is under the age of 21 at the time of the initial asylum interview with USCIS, the child’s age will freeze and will be considered a child for determining asylum status, as long as the child was included on the asylum application before his or her 21st birthday.
5. If the asylum application was filed before August 6, 2002, and the child of the asylee turned 21 prior to that date, the application must still have been pending on August 6, 2002 in order for the child to be considered a child for eligibility and related benefits.

Please note that the child of the asylee petitioner must be unmarried because married people can no longer be considered children under US immigration law.  In addition, the relative under the asylum relative petition must be legally admissible into the United States.  Certain criminal convictions will cause the asylee relative to become inadmissible into the United States.

In addition to an I-730, an asylee/refugee may also file an Affidavit of Relationship (AOR) if they feel their family member abroad may also qualify for refugee or asylee status. An AOR may be filed for parents of admitted asylees/refugees in addition to spouses and children that are allowed by the I-730. The AOR allows the admitted refugee or asylee to alert the US immigration services to relatives who are overseas and potential refugees/asylees who may be admitted to the United States. Once the AOR is filed, the refugee family member may be called in for an interview with a member of the USCIS Department of Homeland Security. At this interview, the Refugee Officer will determine if the family member is eligible to enter the United States based on their experiences.

Legal Assistance for Asylum Relative Preparation

For more information and advice on filing for asylum relative petition, please contact immigration attorney direct line (949)228-3922 or email me at attorney@lawofficesofjackcsung.comto receive a free consultation with immigration attorney.  Office hours are Monday to Saturday from 9:00AM to 9:00PM, and email consultation are open 24 hours a day, 7 days a week.  Immigration law office located at 2975 Wilshire Blvd. Suite 352 in Los Angeles, California.  Free immigration consultation and advice within 24 hours guaranteed.