Bringing Your Family After Asylum or Refugee Status (Form I-730)

Form I-730, the Refugee/Asylee Relative Petition, is how a person who was granted asylum or admitted as a refugee can bring a spouse and unmarried children under 21 to join them in the United States. You must be the principal asylee or refugee to file it, and you generally must file within two years of the date you were granted asylum or admitted as a refugee. That two-year clock is the single most important thing to know about this form — miss it, and your options narrow considerably.

Who can use Form I-730

You can file Form I-730 if:

• You were granted asylum by a USCIS asylum officer or an immigration judge, or
• You were admitted to the United States as a refugee, and
• You are the principal applicant in that case — meaning your own asylum or refugee status was not derived from someone else's application.

If you received asylum or refugee status as a derivative (for example, because you were included on a spouse's or parent's case), you are not eligible to file Form I-730 for other relatives. Only the principal applicant can petition.

You can petition for:

• Your spouse, if the marriage existed and was legally valid before you were granted asylum or admitted as a refugee, and
• Your unmarried children under 21, generally based on their age and marital status as of the date you filed your own asylum application (or, for refugees, as of the date of the interview/admission process). The Child Status Protection Act can preserve a child's eligibility even if they turn 21 after that point — the details are technical, so confirm your child's specific status with USCIS guidance or an attorney.

Form I-730 does not cover parents, siblings, fiancé(e)s, unmarried partners, or married children. Family members who don't qualify under I-730 may have other, separate immigration options once you become a lawful permanent resident, but those are different processes with different requirements.

The two-year deadline — flag this clearly

You must generally file Form I-730 within two years of:

• The date you were granted asylum (by the asylum office or an immigration judge), or
• The date you were admitted to the United States as a refugee.

This is a hard deadline. USCIS may waive it only for humanitarian reasons — a narrow, discretionary exception. Circumstances that have been recognized can include a serious medical incapacity, a natural disaster, or a significant government-caused delay, but a waiver is never guaranteed, and reasons like simply not knowing about the deadline or financial hardship generally are not enough. If you are approaching the two-year mark, or you've already missed it, do not wait — get advice from a qualified immigration attorney or a Department of Justice–accredited representative as soon as possible.

Because the standard for a waiver is applied narrowly and the rules can change, confirm the current requirements directly with USCIS (uscis.gov) before assuming you qualify for an exception.

How derivative family members get status

Once USCIS approves your I-730 petition, what happens next depends on where your relative is located:

If your relative is outside the United States

USCIS forwards the approved petition to the National Visa Center, which sends the case to the appropriate U.S. embassy, consulate, or USCIS overseas office near your relative. Your relative will typically need to complete:

1. Biometrics and background/security checks,
2. A medical examination,
3. An interview,

before they are authorized to travel to the United States. Once admitted, they receive derivative asylee or refugee status based on your case.

If your relative is already in the United States

Depending on the circumstances, your relative may be interviewed domestically as part of the I-730 process rather than through consular processing abroad. The exact procedure depends on your relative's location and situation, so follow the instructions USCIS sends after approval.

In either case, a derivative asylee or refugee generally becomes eligible to apply for lawful permanent residence (a green card) on a timeline similar to the principal applicant's. For the framework on that step, see our overview of green cards for refugees and asylees.

What to do: step by step

1. Confirm you're the principal applicant. Check your asylum grant notice or refugee admission documents.
2. Identify your qualifying relatives — your spouse and/or unmarried children under 21.
3. Get the current Form I-730 and instructions directly from uscis.gov, since forms and instructions are updated periodically.
4. Gather supporting evidence, such as proof of the relationship (marriage certificate, birth certificates), your own asylum/refugee documentation, and identity documents for your relatives.
5. File before the two-year deadline. Confirm current mailing addresses/filing locations and any fee information on the official USCIS Form I-730 page — do not rely on outdated information, including this article, for those details.
6. Respond promptly to any USCIS requests for evidence and follow instructions for your relative's interview or consular processing once the petition is approved.
7. If the two-year deadline has passed or is about to pass, consult an immigration attorney or accredited representative immediately about whether a humanitarian waiver may apply.

Fees and processing times

As of this writing, Form I-730 does not carry a USCIS filing fee. Fee rules change, so verify the current fee — and current processing time estimates for your service center — on the official USCIS Form I-730 page before you file. Do not rely on a fee or processing-time figure from any non-government source, including old versions of this article.

How this fits with your asylum or refugee case

Form I-730 is separate from, and comes after, your own asylum or refugee case. If you're still working through the underlying asylum process, see our guides on how to apply for asylum, the one-year asylum filing deadline, and the difference between refugee status and asylum. If you're wondering how refugees are resettled in the first place, see how refugee resettlement works, and for documents your family may need to travel, see refugee and asylee travel documents.

Beware of notario and immigration-consultant fraud

In many countries, a "notario público" is a licensed attorney, but in the United States a notary public generally is not. Only a licensed immigration attorney or a representative accredited by the Department of Justice can legally give you immigration advice or represent you before USCIS or immigration court. Never pay someone who is not authorized to practice immigration law to "help" you file this petition — doing so can cost you money, delay your case past the two-year deadline, or lead to a denial. If you need low-cost or free help, look for nonprofit legal service providers recognized by the Department of Justice (justice.gov/eoir) rather than unlicensed "consultants."

This article is general information, not legal advice, and does not create an attorney-client relationship. Immigration deadlines are unforgiving and mistakes can affect your family's ability to reunite — consult a qualified immigration attorney or a DOJ-accredited representative about your specific situation, and always confirm current forms, fees, and deadlines at uscis.gov or travel.state.gov.