The US has very strict laws when it comes to refugees. Luckily, most of these processes are properly streamlined and structured. That being said, as long as you have some basic knowledge, you can navigate the process of asylum seeking. Even if there is something wrong or if there is something you don’t understand, there are lots of asylum lawyers that can help you out.One of the most important documents for refugees and asylum seekers who have already settled in the country is form I-730. This document is otherwise known as Refugee/Asylee Relative petition and has to be submitted with the US Citizenship and Immigration Services that are overseeing the procedure. Basically, you have to fill the form so that your spouse or underage children can join you in the United States of America. If the request is approved, they will get asylee/refugee status.Keep in mind that a person has 2 years from being granted an asylum to apply for the status. Of course, if the requirement was previously waived by the US, you will not be able to apply. Also, only a person who is the principal refugee can file I-730. Derivative asylee doesn’t have that right.Who is eligible for the status?Of course, not everyone can apply for derivative refugee status. The country has very strict laws that you have to abide. Based on them, the following criteria have to be met by a relative:
- Already existing relationship
Needless to say, there are people who are willing to vouch for individuals who are not their family. No matter the reason, this is not allowed. That being said, you have to be able to establish the previous relationship with a person that existed before you file for asylum. Similarly, the relationship must persist after you’ve summited the I-730 form. For example, if you’re filling it for a wife or a husband, the marriage has to exist when your asylum was granted. Same goes for children: only those who are already born or conceived can get the status.
- Your child has to be younger than 21
When applying for asylum, your child has to be underage. Like in all other countries providing asylum, there is no support for children than are mature. Besides that, your child also has to be listed on Form I-589 or Form I-590.
- The child cannot be married at the time of petition approval
Similarly, children who are married will not be considered for derivative refugee status. Regardless of whether a child got married prior to or during the petition process, it will not be considered for the status. According to the US law (Child Status Protection Act to be precise), a child will be protected from aging out. For this particular case, you should consult with your refugee lawyer.
- The relative is not criminally charged
If a relative is criminally charged within the US, he or she is not allowed a refugee status.
- There are certain age limitations for stepchildren and adopted children
If a child was adopted before the age of 16 or if a stepchild is younger than 18, then they are allowed to apply for derived refugee status.About the writer:Powers Law Group, P.C. is an immigration law firm focused 100% on U.S. Immigration and Nationality Law. Based in Houston, Texas and Hackensack, New Jersey, we represent clients worldwide.
I’m a 20-something stay-at-home mother and wife. I have an amazing husband, a beautiful daughter, two loving dogs, and a lazy cat. I wouldn’t change my life for anything! I love to read, listen to music, cook and blog!
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