Form I-730 guide: Refugee/Asylee Relative Petition

Wang Law Firm, LLC · David Wang, Managing Attorney · Attorney-reviewed · Updated October 2026

The official name of Form I-730 is Refugee/Asylee Relative Petition, and it is processed by U.S. Citizenship and Immigration Services (USCIS). It allows a principal applicant who has been granted asylum in the United States (principal asylee), or who was admitted to the United States as a refugee (principal refugee), to request "follow-to-join" derivative status for their spouse and unmarried children under 21.

In the overall process, the I-730 comes after the principal applicant obtains asylum or refugee status: if family members were not approved together with the principal in the United States when the principal filed I-589, the I-730 lets them come to or obtain status in the United States as derivative asylees or derivative refugees. The I-730 has a very narrow scope and a strict deadline; parents, siblings and other relatives cannot be petitioned for with it.

At a glance

Item	Details
Official name	Form I-730, Refugee/Asylee Relative Petition
Where it is filed	USCIS; for beneficiaries abroad, after approval the case is usually forwarded to the U.S. Department of State (the National Visa Center and embassies/consulates) or a USCIS international office for further processing
Who files	The principal asylee or principal refugee (petitioner), for an eligible spouse or child (beneficiary)
When to file	Within 2 years after being granted asylum or admitted as a refugee; USCIS may extend this for humanitarian reasons
Number of forms	A separate petition for each family member
Online filing	Follow the current instructions on the USCIS form page
Fee	Check the USCIS form page and the current fee schedule
Common related forms	G-28 (attorney representation), I-485 (green card, 1 year after approval and entry), I-765 (work permit)
Official page	uscis.gov/i-730

Who can file, and for whom

Who can file (petitioner)

A person granted asylum through I-589 as the principal applicant;
A principal applicant admitted as a refugee through the U.S. Refugee Admissions Program.

A person who obtained asylum or refugee status as a derivative (for example, someone approved through their spouse) cannot file an I-730 to request derivative status for their own spouse or children.

Who can be petitioned for (beneficiary)

Spouse: the marriage must already have existed when the principal was granted asylum (or admitted as a refugee) and must continue until the beneficiary is admitted or approved. A spouse married after the principal obtained status does not qualify for the I-730 and generally must be petitioned for through I-130 after the principal obtains a green card.
Children: must be under 21 and unmarried, and the parent-child relationship must have existed when the principal obtained status. A child who was in utero when the principal obtained status and born afterward may also qualify once the relationship is proven. Stepchildren and adopted children must meet the immigration law definition of "child."
Calculating a child's age: under the Child Status Protection Act (CSPA), for asylees, a child who was under 21 when the principal filed the asylum application is generally treated as being that age; for refugees, the age when the principal filed the refugee application generally controls. In both cases, the child must remain unmarried. The calculation is fairly technical, and cases where a child is close to 21 should be checked individually.

Who cannot be petitioned for through I-730

Parents, siblings, grandparents, married children and children 21 or older are all outside the scope of the I-730;
A spouse married after the principal obtained status, or a child born afterward (and not yet conceived at the time of approval);
A person granted only withholding of removal or Convention Against Torture protection cannot request any derivative status for family members;
Beneficiaries who are themselves subject to a statutory bar, such as having participated in the persecution of others, terrorism-related activity, being a danger to U.S. security, or conviction of a particularly serious crime.

If these relatives want to immigrate to the United States, they generally must wait until the principal obtains a green card, or even becomes a citizen, and then go through family-based immigration; see Family-based immigration: who can petition for whom?

Legal basis and the 2-year deadline

Derivative family members of asylees: INA 208(b)(3) and 8 CFR 208.21; derivative family members of refugees: INA 207(c)(2) and 8 CFR 207.7.
2-year deadline: the petition must be filed within 2 years after being granted asylum or admitted as a refugee, one per family member. USCIS may extend this deadline for humanitarian reasons, but an extension is not automatic; you must explain the reason for the late filing and provide evidence. The safest approach is to start preparing soon after approval rather than waiting until the deadline approaches.
Effect of approval: under the federal regulations, once an I-730 is approved, the approval generally remains valid as long as the relationship continues (a child must remain under 21 and unmarried, calculated under CSPA rules) and the principal's status has not been revoked; once the beneficiary uses it to be admitted or obtain status, the approval has been used.
The beneficiary does not need to prove their own persecution. Derivative status comes from the principal, but the beneficiary must not be subject to any statutory bar.

Tips for completing the form

Petitioner information: enter the date you were granted asylum or admitted as a refugee, matching the asylum approval notice or I-94 entry record. This date determines the 2-year deadline, so make sure it is accurate.
Beneficiary information: name, date of birth and place of birth as shown on the passport or birth certificate; for Chinese names, the pinyin spelling should be consistent with other documents.
Relationship: state whether the beneficiary is a spouse or a child; for a child, state the type of relationship to the petitioner (born in wedlock, born out of wedlock, stepchild, adopted, and so on).
Beneficiary's location: whether the beneficiary is in the United States or abroad determines the processing that follows; for a beneficiary abroad, provide an address where the beneficiary can be reached and the location of the U.S. embassy or consulate where they wish to be interviewed.
Consistency with the I-589: the spouse and children the principal listed on the I-589 should match the I-730. If a child or spouse was not listed on the original I-589, USCIS may ask for an explanation or even question the relationship.
Late filing: if more than 2 years have passed, explain the humanitarian reasons and attach evidence when you file.

Evidence and documents to include

The petitioner's asylum approval notice (or the immigration judge's order granting asylum), or the refugee admission record (I-94);
Proof of the petitioner's status, such as copies of the passport, I-94, work permit or green card (if status has been adjusted);
For a spouse: the marriage certificate, and proof that any prior marriages of either spouse were legally terminated (divorce certificate, divorce decree, death certificate);
For a child: the birth certificate (showing the parents' names); a father petitioning for a child born out of wedlock must provide proof of the father-child relationship; for a stepchild, proof that the marriage took place before the child turned 18;
A recent photo of the beneficiary;
A copy of the beneficiary's passport or identity document (if available);
If primary evidence (such as a birth certificate) is unavailable, provide secondary evidence and explain why; USCIS may suggest DNA testing;
Foreign-language documents must include a complete English translation and a translator's certification; see Translation and notarization requirements for immigration documents. For example, birth and marriage certificates from mainland China often require notarial certificates; follow the form instructions and consular requirements.

How to file and fees

File using the method and address listed on the USCIS I-730 form page; check the official page for whether online filing is available and which form editions are currently accepted. Government fee rules have changed considerably in recent years (2025 legislation also added statutory fees for several humanitarian filings), so verify whether the I-730 carries a fee, and how much, in the USCIS Fee Schedule G-1055 before filing; see also How to check immigration fees and processing times.

What happens after filing

Beneficiary in the United States

Receive a receipt and attend biometrics as notified;
USCIS may issue a request for evidence (see What to do when you receive an RFE) or schedule an interview;
Once approved, the beneficiary obtains derivative asylee (or refugee) status, may work on that basis, and may apply for a work permit and travel document as the law allows;
After 1 year of physical presence in the United States, the beneficiary may file I-485 for a green card under INA 209(b).

Beneficiary outside the United States

USCIS reviews the petition in the United States and determines whether the relationship is established;
Once approved, the case is usually forwarded to the Department of State's National Visa Center and then to the U.S. embassy or consulate where the beneficiary lives, or handled by a USCIS international office;
The beneficiary attends an interview, medical exam and security checks, and once it is confirmed that no bar applies, receives a travel document to enter the United States;
After entry, the beneficiary obtains derivative asylee or derivative refugee status and may apply for a green card after 1 year.

Check processing times on the USCIS processing times page; to check case status, see How to check your USCIS case status.

Recent changes: starting in January 2025, the U.S. Refugee Admissions Program (USRAP) was suspended; the Department of State announced that this included overseas processing of refugee follow-to-join (FTJ-R) cases, and the matter then went into litigation. Since late 2025, USCIS has also placed cases of applicants of certain nationalities on hold; some of these measures have been blocked by federal courts, but litigation is ongoing. Follow-to-join cases for asylees follow a different process from refugee cases and are affected to a different degree. These policies are still changing; before filing and while waiting, rely on the latest announcements from USCIS and the Department of State.

Common reasons for denial and your options

Insufficient or inconsistent evidence of the relationship: for example, the child was not listed on the I-589, or the birth certificate was issued many years later and is inconsistent with other records. You can submit additional evidence and, if necessary, consider DNA testing.
The relationship did not exist when status was granted: a marriage after status was obtained does not qualify; use the I-130 instead.
More than 2 years have passed without sufficient humanitarian reasons.
The beneficiary is subject to a statutory bar, such as security or criminal issues.
The principal's status has been terminated or revoked.

After a denial, decide the next step based on the reasons and remedies stated in the denial notice: refile within the deadline (where possible), file a new petition with additional evidence, or consider another family-based route. Whether a denied I-730 can be challenged through I-290B depends on what the denial notice says.

How it differs from similar forms

Item	I-730	I-130
Who can file	Principal asylees and principal refugees	U.S. citizens and green card holders
For whom	Spouse and unmarried children under 21	Citizens: spouse, children, parents, siblings; green card holders: spouse and unmarried children
When the relationship must exist	When the principal obtained status	At the time of filing
Deadline	Within 2 years of obtaining status (humanitarian extension possible)	No such deadline
What the beneficiary obtains	Derivative asylee or refugee status; may apply for a green card after 1 year	An immigrant visa or adjustment of status, leading directly to a green card
Waiting line	Not subject to immigrant visa backlogs	Categories other than immediate relatives must wait for a priority date to become current

Frequently asked questions

After being granted asylum, can I bring my parents to the United States?

Not through the I-730. The I-730 covers only a spouse and unmarried children under 21. To petition for your parents, you generally must wait until you are a U.S. citizen and at least 21, and then file an I-130.

It has been more than 2 years since I was granted asylum. Can I still file an I-730?

You can try to request an extension for humanitarian reasons, but you must explain why you did not file within 2 years and provide evidence; USCIS decides in its discretion. If it is not accepted, you can only petition through an I-130 after you obtain a green card.

If my child turns 21 while we wait, will they lose eligibility?

Not necessarily. Under CSPA, an asylee's child is generally treated as the age they were when the principal filed the asylum application; as long as the child was under 21 then and has stayed unmarried, they usually remain eligible even after turning 21. The calculation depends on the individual case, and marriage ends eligibility.

I married after being granted asylum. Can my spouse use the I-730?

No. The marriage must have existed when you were granted asylum. A spouse married after approval generally must wait until you obtain a green card and then be petitioned for through an I-130 in the spouse-of-a-green-card-holder category.

I was granted asylum together with my husband. Can I file an I-730 for my child from a previous marriage?

A derivative asylee cannot file an I-730. If the child also meets the definition of "child" of the principal applicant (your husband), for example as a stepchild, the principal may be able to file for the child; otherwise, other routes need to be assessed. Situations like this require case-by-case analysis.

If the beneficiary is abroad, how long after approval can they come to the United States?

After the I-730 is approved, a beneficiary abroad still has to complete an interview, medical exam and security checks; the timing varies by region and case and has also been affected by policy suspensions in recent years. Rely on notices from USCIS, the Department of State or the embassy or consulate.