Who this is for
- People admitted to the U.S. as principal refugees
- People granted asylum in the U.S. as the principal applicant
- A spouse, if the marriage existed before the petitioner was admitted as a refugee or granted asylum
- Unmarried children who were under 21 at the relevant time and whose parent-child relationship existed before the grant or admission, including children in utero
- Parents, siblings and married children generally do not qualify through this petition
Forms involved
| Form | Official name | What it does |
|---|---|---|
| I-730 | Refugee/Asylee Relative Petition | Asks USCIS to give derivative refugee or asylee status to an eligible spouse or child; a separate petition is filed for each family member. |
| I-485 | Application to Register Permanent Residence or Adjust Status | Used later by refugees and asylees, including family members who arrive through I-730, to apply for a green card when eligible. |
| I-765 | Application for Employment Authorization | Used by family members in the U.S. who want a work permit document based on their status. |
Step by step
- Confirm eligibility and the deadlineCheck that you were the principal refugee or asylee and that the relationship existed before your admission or grant. Note the two-year filing window from that date.
- Prepare one petition per relativeComplete a separate Form I-730 for each spouse or child, with proof of your status and of the family relationship.
- File with USCISSend the petition to the address in the official instructions. The petition generally does not carry a USCIS filing fee.
- Respond to any requestsUSCIS may ask for more evidence, an interview or, in some cases, DNA testing to confirm a parent-child relationship.
- Next steps for relatives in the U.S.After approval, a relative already in the U.S. generally receives derivative status through USCIS, usually after biometrics and any interview.
- Next steps for relatives abroadApproved petitions for relatives abroad are generally sent to the Department of State or refugee processing partners for an interview and travel eligibility check before the relative travels.
Documents usually requested
- Proof of your refugee admission or asylum approval, such as an I-94 or approval notice
- Marriage certificate, and proof any prior marriages ended
- Child's birth certificate naming the parent
- Adoption or stepchild records if relevant
- Photos of the beneficiary as required by the instructions
- Evidence of an ongoing relationship, such as photos or communications, if primary documents are unavailable
- Certified English translations of foreign-language documents
How long it takes
Timing depends on the USCIS office, whether an interview or DNA test is needed and, for relatives abroad, embassy or refugee processing schedules. Refugee follow-to-join processing abroad was suspended in 2025 under the refugee program executive order, so check the official pages at uscis.gov/i-730 and travel.state.gov for current status.
Government filing fees
Form I-730 generally does not carry a USCIS filing fee, but other later applications, such as a green card or work permit application, may. Check the fee schedule at uscis.gov/g-1055 for current fees.
Working and traveling while you wait
Family members who receive derivative refugee or asylee status in the U.S. are generally allowed to work, and asylee family members in the U.S. may request a work permit document. Travel abroad, especially to the country of feared persecution, can create serious problems, so get advice first.
Common mistakes to avoid
- Missing the two-year filing deadline without asking whether a humanitarian exception might apply
- Filing for a relative who married or was born after the grant or admission, who usually does not qualify
- Listing children inconsistently compared with the original asylum or refugee application
- Filing one petition for the whole family instead of one per relative
- Assuming a child has aged out without checking the age-protection rules
How MyUSVisa helps
- Answer a guided questionnaire in your language and upload your documents once — we read, sort and assemble them into a clear case file and timeline.
- Your organized case is offered to licensed U.S. immigration attorneys who handle this type of case. Interested attorneys send you offers, and you compare and choose — or don't.
- Once you choose, you and your attorney work in one place: messages, documents, deadlines and automatic USCIS status updates, on the web and in the mobile app.
Frequently asked questions
Is there a deadline to file Form I-730?
Yes, the petition generally must be filed within two years of the date you were admitted as a refugee or granted asylum. USCIS may excuse a late filing for humanitarian reasons in some cases. An attorney can review whether that might apply.
Can I bring my parents or siblings with Form I-730?
No, Form I-730 only covers a spouse and unmarried children under 21. Parents, siblings and married children generally need a different route, such as a family petition after the refugee or asylee becomes a permanent resident or citizen.
What if my child turns 21 while the case is pending?
Special age-protection rules often let a child keep eligibility if they were under 21 when the parent's asylum or refugee application was filed. The child must generally remain unmarried. An attorney can confirm how the rules apply to specific dates.
What happens after my I-730 is approved?
If your relative is in the U.S., USCIS generally gives them derivative refugee or asylee status. If they are abroad, the case is usually sent for an interview and security checks before they can travel. Once in the U.S., family members can generally apply for a green card after the required period.
Does Form I-730 cost money?
Generally no, there is no USCIS filing fee for Form I-730. Other applications the family may file later can have fees, so check the USCIS fee schedule.
Official sources
Last reviewed: October 2026
This guide is general information, not legal advice, and reading it does not create an attorney–client relationship. Immigration rules, forms and fees change often — always check the official sources above. MyUSVisa is not a law firm and is not affiliated with USCIS or any government agency; legal advice comes only from the licensed attorney you choose.