Asylum · Family of Refugees and Asylees
Family of Refugees and Asylees: How to Petition for Your Spouse and Children
If you entered the United States as a refugee within the past two years, or were granted asylee status within the past two years, you may petition for certain family members to obtain derivative refugee or asylee status using Form I-730. This article explains who can petition, which family members are eligible, the family relationship requirements, and how the application process works.
Who Can Petition
You may petition for family members if:
- You are the principal refugee or asylee — meaning you were granted refugee or asylee status directly and did not obtain it through a relative;
- You entered the United States as a refugee within the past 2 years, or were granted asylum within the past 2 years; and
- You remain in refugee or asylee status, or have become a lawful permanent resident (Green Card holder).
If you have already become a US citizen through naturalization, you cannot petition for derivative refugee or asylee status for a relative through Form I-730. However, you may still be able to help family immigrate through family-based immigration petitions. See the Family of US Citizens page for information on those options.
Which Family Members Are Eligible
You may petition for your:
- Spouse; and
- Child who was unmarried and under 21 when you first applied for asylum or refugee status.
Pre-Existing Relationship Requirement
The family relationship must have existed before you came to the United States as a refugee or were granted asylum:
- For your spouse: You must have been married before you entered as a refugee or were granted asylum. Marriages that occurred after your entry or grant do not qualify for derivative status through Form I-730.
- For your child: The child must have been conceived (the mother was already pregnant) or born before you entered as a refugee or were granted asylum.
Application Process
File Form I-730, Refugee/Asylee Relative Petition. This form is free to file. You must file the petition within two years of being granted refugee or asylee status unless humanitarian reasons justify a later filing.
For detailed application procedures, including what to submit for spouses and for children, see:
- Getting Derivative Refugee or Asylum Status for Your Spouse
- Getting Derivative Refugee or Asylum Status for Your Child
For more information on refugees and asylees generally, see the Humanitarian page on uscis.gov.
If a family member was not included on your original asylum application, or if you need to petition for a family member who is already in the United States in a different status, the Form I-730 and derivative asylee pathway may still be available depending on the timing and circumstances. Consult with an immigration attorney about your specific situation.
Bring Your Family to the United States After Your Asylum Grant?
Hasan Legal PC assists refugees and asylees in filing Form I-730 petitions for spouses and children, ensuring the timing and documentation requirements are met.
Official Sources
- USCIS — Family of Refugees and Asylees
- USCIS Form I-730 — Refugee/Asylee Relative Petition
- USCIS — Getting Derivative Status for Your Spouse
- USCIS — Getting Derivative Status for Your Child
This article is for general informational purposes only and does not constitute legal advice. Consult a qualified immigration attorney for guidance specific to your situation.