Important facts you need to know about I-730 form

I-730 form is one of the most important documents for asylum seekers. If you are already living in the US or you were previously granted asylum, it would be wise to file this form in order to get certain benefits.

I-730 is also known as Refugee/Asylee Relative Petition. As the name implies, it is a document that allows families to get together and start living in the US without having to worry about any legal consequences. It can be used by children who are under 21 as well as spouses. Once you fill it, you will be placed into the system with the end goal of getting a refugee status via a family member. According to the United States law, a person has a time limit of two years to apply for these rights. The only thing that may prevent you from doing so if the requirement was waived for a good cause. If you want to learn more about this particular item, it is best to consult with your asylum lawyer.

One important thing to keep in mind is that you can fill this form only if you’re the principal refugee. In other words, once your family members receive this right and become “derivative refugees”, they cannot use their refugee status to grant asylum to others. This prevents the potential misuse of the law.

Who can qualify for this status?

Generally speaking, the list of requirements is pretty small and logical. You just have to confirm several things such as your previous relationship to be eligible for derivative asylum/refugee status. Here are the requirements:

  • The first point is probably the most important one. You need proof that the relationship with your relative has existed prior to the date when you received your own asylum. Furthermore, this relationship needs to continue existing once you submit the form. Otherwise, it is safe to presume there is a foul play in place. This is especially important for spouses as people often marry for documents.
  • As previously stated, children who are above 21 years cannot apply for refugee status. The law considers that they are mature enough and they don’t need parental guidance. Furthermore, a child has to be listed on Form I-589 or Form I-590.
  • Similarly, your child cannot have a spouse.
  • When it comes to adopted children as well as stepchildren, there are certain limitations. They will not qualify if they were adopted after 16 years of age. In terms of stepchildren, they will not qualify if they are above 18 years old when you got married.
  • Lastly, the law doesn’t apply to individuals who are currently persecuting someone.

While this article is a great starting point and should tell you everything you need to know about I-730 form, it is much better to get professional advice from a top asylum lawyer. You might have some additional questions or some of these things may not be clear to you. In order to avoid any potential issues going forward, we suggest that you hire an asylum lawyer. 

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