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Immigration Lawyer Dallas

 

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Last updated on May 15th, 2010. Visit USCIS page for more information about this category.

If you entered the United States as a refugee within the past 2 years or were granted asylee status within the past 2 years, you may petition for certain family members to obtain derivative refugee or asylee status.

You May Petition for the Following Family Members:

  • Spouse 
  • Child (unmarried and under 21 when you first applied for asylum or refugee status)

Eligibility Criteria

  • As the petitioner, you must be a principal refugee or asylee. This means that you were granted refugee or asylee status directly and did not obtain it through a relative.
  • You entered the United States as a refugee within the past 2 years or were granted asylum within the past 2 years.
  • You remain in refugee or asylee status or have become a permanent resident (received a green card). If you have already become a U.S. citizen through naturalization, you cannot petition to obtain derivative refugee or asylee status for a relative. However you may still be able to help family immigrate to the United States.
  • The family relationship had to exist before you came to the United States as a refugee or were granted asylum:
    • If you want to file for your spouse, you had to be married before you entered as a refugee or were granted asylum.
    • Your child had to be conceived (this means the mother was already pregnant) or born before you entered as a refugee or were granted asylum.

Application Process

  • File Form I-730, Refugee/Asylee Relative Petition. (This form is free to file).