Filing Form I-730, USCIS Relative Petition for Refugee or Asylee Relatives
A person who is admitted to the United States as a principal refugee, or who is granted asylum as a principal asylee, can file Form I-730, the Refugee/Asylee Relative Petition, to extend that status to their spouse and unmarried children under 21. The petition must generally be filed within two years of the refugee admission or asylum grant, though USCIS may excuse a late filing for humanitarian reasons. A separate petition is filed for each family member, and no filing fee applies.
Approved relatives who are abroad then travel to the United States through a process called follow-to-join, but overseas travel processing for refugees’ relatives has been largely on hold since the U.S. Refugee Admissions Program was suspended in January 2025—more on this below.
Who Can File Form I-730?
Only the principal refugee or asylee may file, meaning the person whose own case established the claim. A person who received refugee or asylum status as a derivative, through a parent’s or spouse’s case, cannot file an I-730 for additional relatives. The petition remains available after the principal becomes a permanent resident, as long as it is filed within two years of receiving the refugee admission or asylum grant, but not after the principal becomes a U.S. citizen.
The principal files for each qualifying relative separately. Relatives cannot petition for themselves.
Which Relatives Qualify
Spouses
The marriage must have existed on the date the principal was granted asylum or admitted as a refugee, and it must still exist when the I-730 is filed and decided.
Children
A qualifying child must be unmarried and must have been born or conceived by the date of the asylum grant or refugee admission. A child who marries at any point before the petition is approved and the child is admitted becomes ineligible.
The age that matters is generally the child’s age when the principal filed the asylum application (Form I-589) or, for refugees, the date of the principal’s refugee interview. A child under 21 on that date is ordinarily treated as a child for I-730 purposes even if the child has since turned 21. Listing the child on the principal’s original application is not a legal requirement, although an unlisted child can prompt questions about the relationship.
Stepchildren qualify if the marriage creating the relationship took place before the child turned 18, and adopted children qualify if they were adopted before age 16 and if they have been in the principal’s legal custody and residence for at least two years.
Bars to Derivative Status
A relative who participated in the persecution of others is barred. Relatives may also be denied on criminal or security grounds. Most other grounds of inadmissibility can potentially be waived for humanitarian reasons.
The Two-Year Filing Deadline
2 years
From the admission or grant
The I-730 must be filed within two years of the principal’s admission as a refugee or grant of asylum. USCIS may excuse a late filing for humanitarian reasons, and the form includes a section for explaining the delay and attaching supporting evidence. The two-year deadline continues to apply during the current suspension of refugee processing.
How to File Form I-730
A separate petition is prepared for each relative. Each includes the principal’s proof of refugee or asylee status, a photo of the relative, and evidence of the relationship, such as a marriage certificate, birth certificate, or adoption decree.
Secondary evidence is added where primary documents are unavailable. When birth or marriage records cannot be obtained, affidavits and records from religious or school institutions may be submitted instead. Documents not in English require a certified translation.
The petition is filed with USCIS. No filing fee applies. USCIS centralized I-730 filings at a single location in 2025; the current address is listed on the USCIS Form I-730 page.
USCIS decides the petition. A relative in the United States may be interviewed by USCIS. For a relative abroad, the approved petition is sent to the State Department or a USCIS international office for an interview and travel processing.
USCIS no longer publishes a standard processing time for Form I-730, and cases commonly take a year or more.
Follow-to-Join Processing Since 2025
The relative’s path depends on whether the principal is a refugee or an asylee, because the two programs are administered differently.
Asylees’ Relatives Abroad
These cases are not part of the refugee admissions program and have continued to be processed. They remain subject to travel restrictions and visa pauses that apply to certain nationalities, and court rulings on those restrictions have shifted how they apply to I-730 beneficiaries.
Refugees’ Relatives Abroad
The January 20, 2025, executive order suspending the U.S. Refugee Admissions Program also suspended follow-to-join refugee processing. Litigation in Pacito v. Trump led to a partial resumption in March 2025, but most follow-to-join refugee cases remain on hold, and beneficiaries who proceed must now cover the costs of their own medical examinations and travel.
The principal may still file within the two-year deadline even while processing is suspended, which preserves the relative’s eligibility for when processing resumes.
After Arrival: Applying for a Green Card
A relative admitted as a refugee must apply for a green card after one year in the United States. A relative granted asylum may apply for one after one year of physical presence following the grant. Both use Form I-485 for adjustment of status.
If a relative in the United States is denied derivative status and has no other lawful status, the relative may be referred to removal proceedings, where other forms of relief, including an independent asylum claim, may be available.
How Scott D. Pollock & Associates, P.C. Assists With Form I-730
For over three decades, Scott D. Pollock & Associates, P.C. has represented asylum seekers, refugees, and their families. In I-730 cases, our firm’s attorneys can confirm that each relative qualifies on the controlling date, assemble relationship evidence when official records are missing or unreliable, and file within the two-year deadline or document the humanitarian reasons for a late filing.
Our attorneys also monitor follow-to-join cases affected by the 2025 suspension and travel restrictions, and prepare green card applications once relatives arrive. Our firm is based in Chicago, serves clients nationwide, and offers consultations in English, Spanish, French, and Russian.
Frequently Asked Questions About Form I-730
Can a derivative asylee file Form I-730?
No. Only the principal refugee or asylee may file. A derivative who later becomes a permanent resident or citizen may petition for relatives through the ordinary family-based process instead.
What if the marriage took place after asylum was granted?
Then the spouse does not qualify for an I-730. The principal can petition for the spouse on Form I-130 after becoming a permanent resident, although that path is subject to the family preference waiting period.
Does Form I-730 have a filing fee?
No. USCIS charges no fee for Form I-730, and a separate petition is filed for each qualifying relative.
Is the two-year deadline paused while refugee processing is suspended?
No. The two-year deadline continues to run during the suspension, and filing on time preserves the relative’s eligibility for when processing resumes.
Discuss Form I-730 With an Immigration Attorney
If you were granted asylum or admitted as a refugee and want to bring your spouse or children to the United States, an attorney at Scott D. Pollock & Associates, P.C. can confirm their eligibility and the deadline that applies. Call 312.444.1940 or fill out our online contact form to schedule a consultation.