If you entered the USA What refugee in the last two years or you were granted the status of asylum seeker in the same period, you can request that certain relatives obtain the same status derived from your condition. Spouses and unmarried children under the age of 21 at the time of your first application for this benefit qualify for this.
As the petitioner, you must be the main refugee or asylee. This means that you were granted that status directly, that you did not obtain it through a family member. You will also need to remain in refugee or asylum status or have become a permanent resident (that you have received the green card).
if you did citizen from the United States for naturalization, you can no longer apply for derivative status as a refugee or asylee for family members. However, you will be able to help your family immigrate to the United States through other avenues that are available to citizens.
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Family relationship to the people for whom you are applying for derivative refugee or asylee status must have existed before you moved to the United States: if, for example, you want to petition for your spouse, you must have been married before you entered with this protection benefit. Your children must also have been conceived (this means that the mother was already pregnant) or born before you entered the country through these routes.
To apply, you must submit the Form I-730, Petition for Relatives of Refugees and Asylees, which is free.
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In the case of the spouse, the form must be submitted within two years immediately after you were granted asylum status or your entry as a refugee. This period can be extended for humanitarian reasons. If your partner is out of the country (for example, in your place of origin), they will receive a notification to go to the local consulate to complete the process. If you have already entered, the United States Citizenship and Immigration Services (USCIS) will notify you if the request is approved by sending the Form I-797, Notice of Action. There is no appeal available if approval of an I-730 is denied.
To apply for entry to the United States of your children under the derivative status of refugee or asylee, your family relationship will determine the documents you must present. For these derivative status issues, a child is defined as an unmarried person under the age of 21 at the time you file your application.
With information from USCIS. This article does not constitute or replace legal advice.
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