I-730 Table of Changes 7-11-07
I-730Instructions |
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Page 1, Note
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NOTE: Read these instructions carefully. If you do not follow the instructions, U.S. Citizenship and Immigration Services (USCIS) may have to return your petition, which may delay final action. If more space is needed to complete an answer, continue on a separate sheet(s) of paper. USCIS is comprised of offices of the former Immigration and Naturalization Service (INS). |
NOTE: Read these instructions carefully. If you do not follow the instructions, it may be necessary for U.S. Citizenship and Immigration Services (USCIS)/Department of Homeland Security (DHS) to return your petition, which may delay final action. If more space is needed to complete an answer, continue on a separate sheet(s) of paper. USCIS is comprised of offices of the former Immigration and Naturalization Service (INS). |
Page 1, Part 1 1st paragraph
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If you have been admitted to the United States as a refugee or if you have been granted status in the United States as an asylee, and as the principal applicant within the previous two years, you may file this petition. Approval of the I-730 petition for a relative abroad does not guarantee visa issuance. A separate Form I-730 must be filed for each family member. |
If you have been admitted to the United States as a refugee or if you have been granted status in the United States as an asylee, and you were the principal applicant for your family, you may file this petition, provided that your refugee admission or asylum grant occurred within the past two (2) years. Approval of the I-730 petition for a relative abroad does not guarantee visa issuance. A separate Form I-730 must be filed for each qualifying family member for whom you are petitioning. |
Page 1, Part 1 1st Bullet under “You are not eligible to file this petition if:”
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You were granted status in the United States as a derivative beneficiary or as an accompanying or following-to-join family member; or
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You were granted status as an accompanying or following-to-join derivative refugee or asylee; or |
Page 1, Part 1 Add new bullet under “You are not eligible to file this petition if:”
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N/A |
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Page 1, Part 1 *Note |
The two-year limitation may be waived for USCIS humanitarian reasons. Please attach a detailed explanation why the petitioner could not file within two years of being granted status. USCIS will make a decision based upon the explanation. |
The two-year limitation may be waived for USCIS humanitarian reasons. Please explain in Part 3 of the form why the petitioner could not file within two years of being granted status. USCIS will make a decision based upon the explanation. |
Page 1, Part 2 1st Paragraph under “Who is Eligible to Receive Accompanying or Following to Join Benefits?” |
Your spouse and/or your unmarried child(ren) under (21) years of age, whether inside or outside of the United States, are eligible for accompanying or following-to-join benefits provided that the family member(s) qualify under the conditions described below. |
Your spouse and/or your unmarried child(ren) under (21) years of age, whether living inside or outside of the United States, are eligible for accompanying or following-to-join benefits provided that the family member(s) qualify under the conditions described below. |
Page 1, Part 2 1st Heading |
If you are a refugee: |
If you are a principal refugee:
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Page 1, Part 2 2nd bullet under “If you are a refugee:” |
-- If the person you are filing for is a child who was conceived but not yet born on the date you were admitted to the United States, the relationship will be considered to exist as of the date you were admitted to the United States.
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-- If the person you are filing for is a child who was conceived but not yet born on the date you were admitted to the United States, the relationship will be considered to exist as of the date you were admitted to the United States. (See *NOTE below.)
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Page 1, Part 2 Add *Note at end of section titled “If you are a refugee:” |
N/A |
*NOTE: If your child was physically born in the United States, then the child is a U.S. citizen, and you do not need to file this form. You should obtain documentation of the child’s citizenship, such as a birth certificate and/or passport.
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Page 1, Part 2 2nd Heading |
If you are an asylee: |
If you are a principal asylee: |
Page 1, Part 2 2nd bullet under “If you are an asylee:” |
-- If the person you are filing for is a child who was conceived but not yet born on the date you were admitted to the United States, the relationship will be considered to exist as of the date you were admitted to the United States.
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-- If the person you are filing for is a child who was conceived but not yet born on the date you were admitted to the United States, the relationship will be considered to exist as of the date you were admitted to the United States. (See *NOTE below.)
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Page 1, Part 2 Add *Note at end of section titled “If you are an asylee:” |
N/A |
*NOTE: If your child was physically born in the United States, then the child is a U.S. citizen, and you do not need to file this form. You should obtain documentation of the child’s citizenship, such as a birth certificate and/or passport.
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Page 1, Part 2 4th bullet under “If you are an asylee:” |
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Children who have reached the age of 21
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Page 1, Part 2 5th bullet under “If you are an asylee:” |
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Page 1, Part 2 Add at the end of section titled, “A petition may not be approved for the following persons:” |
N/A |
WARNING: If your alien relative is in the United States illegally, he or she is subject to removal if the I-730 petition is not granted by USCIS. Any information provided in completing this petition may be used as a basis for initiating, or as evidence in, removal proceedings, even if the petition is later withdrawn. Unexcused failure of your alien relative to appear for an appointment to provide biometrics (such as fingerprints) and other biographical information within the time allowed may result in dismissal of the petition. See 8 Code of Federal Regulations (CFR) section 103.2(b)(13).
Penalty for Perjury. All statements in response to questions contained in this petition are declared to be true and correct under penalty of perjury. You and anyone who assists you in preparing the petition must sign the petition under penalty of perjury. Your signature is evidence that you are aware of the contents of this petition. Any person assisting you in preparing this form must include his or her name, address, telephone number, and sign the application where indicated in Part 7. Failure of the preparer to sign will result in the petition being returned to you as an incomplete petition. If USCIS later learns that you received assistance from someone who willfully failed to sign the petition, this may result in an adverse ruling against you.
Title 18, United States Code (U.S.C.), Section 1546(a), provides in part:
Whoever knowingly makes under oath, or as permitted under penalty of perjury under Section 1746 of Title 28, United States Code, knowingly subscribes as true, any false statement with respect to a material fact in any application, affidavit, or other document required by the immigration laws or regulations prescribed thereunder, or knowingly presents any such application, affidavit, or other document containing any such false statement shall be fined in accordance with this title or imprisoned not more than ten years, or both.
If aggravating factors exist, the maximum term of imprisonment for a conviction under 18 U.S.C. § 1546(a) could reach 25 years. If you knowingly provide false information on this petition, you or the preparer of this petition may be subject to criminal penalties under Title 18 of the U.S.C. and to civil penalties under section 274C of the INA, 8 U.S.C. 1324c.
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Page 2, Part 3 Last sentence of 3rd paragraph |
For all others that do not apply to you, please state “N/A.” |
For all other portions that do not apply to you, please state "N/A."
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Page 2, Part 3 Add new language after 3rd paragraph |
N/A |
In Part 2 on page one, please supply the current residential and mailing addresses (include the mailing address if it is different from the residential address) of your alien relative and indicate whether your alien relative is living inside or outside of the United States. If your alien relative is outside of the United States, please indicate at which USCIS Office or U.S. Consulate or Embassy your alien relative will apply for travel authorization. In Part 2 on page two, please supply the current mailing address of your alien relative written in the language of the country where he or she now resides, in order for him or her to receive an interview notice or other correspondence from USCIS. Failure to provide your relative’s mailing address in the language of the country where he or she resides may result in significant delays in interviewing your relative and processing this petition. If your alien relative is inside the United States, both you and your alien relative, if age 14 or over, must sign the petition at the time of filing. If your alien relative is outside of the United States, only you are required to sign the petition at the time of filing. Regardless of the location of your alien relative, he or she will be required to review the information on this petition at the time of his or her interview, verify that it is accurate, and sign at the time of the interview.
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Page 2, Part 3 Section entitled “Copies.” |
Copies. In all cases, you should submit one readable photocopy of each required document to USCIS. If a copy of a document is submitted, USCIS may at any time require that the original document be submitted for review.
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Submission of Documents. You should submit one readable photocopy of each required document to USCIS. You should not submit original documents unless you are asked for them. For example, USCIS may require that you provide for review the original document of any copy you submit.
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Page 2, Part 3 Delete last sentence in section entitled “Translation.” |
Translation. Documents in a foreign language must be accompanied by a complete English translation. The translator must certify that the translation is accurate and that he or she is competent to translate. Original documents submitted when required will remain part of the record.
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Translation. Documents in a foreign language must be accompanied by a complete English translation. The translator must certify that the translation is accurate and that he or she is competent to translate.
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Page 2, Part 4 2nd bullet |
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Page 2, Part 4 3rd bullet |
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Page 2, Part 4 6th bullet |
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Page 3, Part 6 1st Paragraph under “Affidavits:”, add “divorce” to the examples. |
Submit written statements sworn to or affirmed by two persons who were living at the time and who have personal knowledge of the event you are trying to prove: for example, the date and place of birth, marriage or death.
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Submit written statements sworn to or affirmed by two persons who were living at the time and who have personal knowledge of the event you are trying to prove: for example, the date and place of birth, marriage, divorce or death.
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Page 3, Insert new Section after Section 6, “What if Secondary Evidence is Not Available?” |
N/A |
7. What Additional Documents Must You Submit?
If your alien relative is in the United States, please submit a copy of both sides of his or her Form I-94, Arrival/Departure Record, if any.
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Page 3, Insert new Section after Section 6, “What if Secondary Evidence is Not Available?” and newly proposed Section 7 above. |
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8. Biometrics (e.g., Fingerprints and Photographs)
Identity, background and security checks are required on your alien relative before he or she may be granted derivative asylum or refugee status. For example, USCIS must check the records of the U.S. Federal Bureau of Investigation (FBI) and other information, including all relevant databases of the U. S. Government before asylum may be granted to your relative. To facilitate these checks, USCIS may require your alien relative to provide biometrics. Where applicable, this means that your relative must be fingerprinted, if age 14 or over, and photographed. Your alien relative will be given instructions on how to complete this requirement. If your alien relative is living in the United States and is subject to biometrics collection, he or she will be notified, in writing, of the appointment time and the location of the Application Support Center (ASC) or the designated Law Enforcement Agency where he or she must go to be fingerprinted and photographed. If your relative is living outside of the United States, he or she will be given instructions, if applicable, for fingerprinting and photographs by DHS, the Department of State (DOS) or Overseas Processing Entities (OPEs) (i.e., organizations who assist the U.S. government).
Your relative’s unexcused failure to appear for a scheduled appointment or to provide biometrics where required, including fingerprints and photographs, or to provide other biographical information within the time allowed, may result in the denial of this I-730 petition.
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Page 3, Renumber Section entitled, “Section 7. Where do you file this form?” |
7. Where do you file this form? |
9. Where Do You File This Form? |
Page 3, Insert new Section after newly proposed Section 9 “Where do You file this Form?” above. |
N/A |
10. Interview Process If your alien relative is living in the United States, USCIS may request that he or she appear for an interview. A written notice of the date, time, and place (address) of the scheduled interview will be sent to your relative. (In addition to your alien relative, you, the petitioner, may be asked to appear for an interview.) See 8 C.F.R. § 103.2(a)(9) (“[A] petitioner … [or] a beneficiary … may be required to appear … for an interview.”). Your alien relative generally will be required to appear at an ASC for biometrics collection before the interview will take place (see section 8).
USCIS suggests that your alien relative bring a copy of your Form I-730, Refugee/Asylee Relative Petition, to the interview. An asylum officer will interview your alien relative under oath and make a determination concerning your petition. Your alien relative may receive notification of the decision in the case on the day of the interview, or he or she will, in some cases, be notified of the decision on a date after the interview. Your alien relative has the right to legal representation at the interview, at no cost to the United States Government. Your alien relative also may bring witnesses to the interview to testify on his or her behalf.
If your alien relative, who resides in the United States, is unable to proceed with the interview in fluent English and you are applying for derivative asylum status for your relative, he or she must provide at no expense to USCIS a competent interpreter fluent in both English and a language that your alien relative speaks fluently. See (8 C.F.R. 208.9(g)). The interpreter must be at least 18 years of age. The following persons cannot serve as the interpreter: your or your alien relative’s attorney or representative of record; a witness testifying on your alien relative’s behalf at the interview; or a representative or employee of your country. Quality interpretation may be crucial to your petition. Such assistance must be obtained, at your expense, prior to the interview.
Failure without good cause to bring a competent interpreter to the interview may be considered an unexcused failure to appear for the interview. Any unexcused failure to appear for an interview may result in denial of your petition. (See *NOTE below.)
If you are hearing-impaired and require the services of a sign-language interpreter in your language, one will be provided for you. Please contact the asylum office with jurisdiction over your case as soon as you receive a notice for your interview to notify the office that you will need a sign-language interpreter in your language, so that accommodations can be made in advance.
*NOTE: Although current regulations only require individuals seeking asylum to bring competent interpreters to the interview in the U.S., USCIS strongly suggests that individuals residing in the U.S. and seeking derivative refugee status should also bring an interpreter for the interview in accordance with these instructions.
If available, your alien relative must bring some form of identification to the interview, including any passport(s), other travel or identification documents, or the Form I-94, Arrival-Departure Record. Your alien relative may bring to the interview any additional available items in support of the petition that have not already been submitted with your petition. All documents must be submitted in triplicate.
If your alien relative is living outside of the United States, he or she will be interviewed by an appropriate U.S. government official in accordance with DHS and DOS procedures for refugee and asylee derivative interviews in the specific country. Your relative will be notified of the time and place for his or her interview.
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Page 3, Part 9 “What is Our Authority for Collecting this Information?” |
9. What is Our Authority for Collecting this Information? USCIS requests the information on the form to carry out the immigration laws contained in Title 8, United States Code, Sections 1157(c)(2) and 1158(b)(3). USCIS needs this information to determine whether a person is eligible for immigration benefits. The information you provide and the information provided by your relative beneficiary, including biometrics, may also be disclosed to other federal, state, local and foreign law enforcement and regulatory agencies during the course of the investigation required by USCIS or for other lawful purposes, subject to legal confidentiality requirements governing asylum and refugee applications, or other applicable confidentiality provisions. You do not have to give this information. However, if you refuse to give some or all of it, your petition may be denied.
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12. What is Our Authority for Collecting this Information? USCIS requests the information on the form to carry out the immigration laws contained in Title 8, United States Code, Sections 1157(c)(2) and 1158(b)(3). USCIS needs this information to determine whether a person is eligible for immigration benefits. The information you provide and the information provided by your relative beneficiary, including biometrics, may also be disclosed to other federal, state, local and foreign law enforcement and regulatory agencies during the course of the investigation by USCIS or for other lawful purposes, subject to applicable confidentiality provisions. You do not have to give this information. However, if you refuse to give some or all of it, your petition may be denied.
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Page 3, Part 11 “Use InfoPass for Appointments” |
11. Use InfoPass for Appointments
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14. Use InfoPass for Appointments
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Page 3, Add sentence to the end of Section 11 “Use InfoPass for Appointments” |
N/A |
Please note that Asylum Offices do not use InfoPass and that, if you have a question regarding a petition in the jurisdiction of an Asylum Office, you should visit the Asylum Office and make your inquiry there.
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Page 4, Check List. Add two new bullets and modify 4th bullet. |
Check List.
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Check List.
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I-730 Form
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New |
Page 1, 1st Section under “START HERE”
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Petitioner status |
Petitioner’s status |
Page 1, 2nd Section under “START HERE” |
I am filing this petition for my:
Number of relatives I am filing for:__________ (__________ of __________)
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The beneficiary is the petitioner’s:
Number of relatives for whom petitioner is filing separate I-730 petitions: __________ (__________ of __________)
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Page 1, Part 1. “Information about you.” |
Information about you. |
Information about you, the petitioner. |
Page 1, Part 1. “Address – C/O” |
Address – C/O |
Address of Residence (Where you physically reside.) |
Page 1, Part 1 Insert new field after “Country of Citizenship/Nationality” and “Telephone Number” |
N/A |
Your e-mail address, if available: |
Page 1, Part 1 “Alien Registration Number (A#)” |
Alien Registration Number (A#) |
U.S. Alien Registration Number (A#) |
Page 1, Part 1 “State If Married, Date (mm/dd/yyyy) and Place of Present Marriage:” |
State If Married, Date (mm/dd/yyyy) and Place of Present Marriage |
If Married, Name of Spouse, Date (mm/dd/yyyy) and Place of Present Marriage |
Page 1, Part 1 “State If Previously Married, Name(s) of Prior Spouse(s):” |
State If Previously Married, Name(s) of Prior Spouse(s): |
If Previously Married, Name(s) of Prior Spouse(s): |
Page 1, Part 1 “Date(s) Previous Marriage(s) Ended: (mm/dd/yyyy)”
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Date(s) Previous Marriage(s) Ended: (mm/dd/yyyy) |
Date(s) (mm/dd/yyyy) and Place(s) Previous Marriage(s) Ended: |
Page 1, Part 1 “If Granted Refugee Status, Date (mm/dd/yyyy) and Place Admitted to the United States:” |
If Granted Refugee Status, Date (mm/dd/yyyy) and Place Admitted to the United States: |
If you were approved for Refugee Status, provide Date (mm/dd/yyyy) and Place Admitted to the United States as a Refugee:
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Page 1, Part 1 “Date (mm/dd/yyyy) and Place Refugee or Asylee status was granted:” |
Date (mm/dd/yyyy) and Place Refugee or Asylee status was granted: |
Date (mm/dd/yyyy) and Place Asylee Status was Granted in United States: OR Date(mm/dd/yyyy) and Place You Received Your Approval for Refugee Status While Living Abroad:
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Page 1, Part 2 “Information about your alien relative.” |
Information about your alien relative. |
Information about your alien relative, the beneficiary. |
Page 1, Part 2 “Address – C/O” |
Address – C/O |
Address of Residence (Where the beneficiary physically resides.) |
Page 1, Part 2 Insert new field after “Country of Citizenship/Nationality” and “Telephone Number” |
N/A |
Your beneficiary’s e-mail address, if available: |
Page 1, Part 2 “Alien Registration Number (A#)” |
Alien Registration Number (A#) |
U.S. Alien Registration Number (A#) |
Page 1, Part 2 “State If Married, Date (mm/dd/yyyy) and Place of Present Marriage:” |
State If Married, Date (mm/dd/yyyy) and Place of Present Marriage |
If Married, Name of Spouse, Date (mm/dd/yyyy) and Place of Present Marriage |
Page 1, Part 2 “State If Previously Married, Name(s) of Prior Spouse(s):” |
State If Previously Married, Name(s) of Prior Spouse(s): |
If Previously Married, Name(s) of Prior Spouse(s): |
Page 1, Part 2 “Date(s) Previous Marriage(s) Ended: (mm/dd/yyyy)”
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Date(s) Previous Marriage(s) Ended: (mm/dd/yyyy) |
Date(s) (mm/dd/yyyy) and Place(s) Previous Marriage(s) Ended: |
Page 1, Part 2 Add new section following “Date(s) Previous Marriage(s) Ended: (mm/dd/yyyy)” |
N/A |
Consulate or Embassy in:
_________________________________________ (City and Country)
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Page 2, Part 2 “Information about your alien relative. (Continued.)” |
Information about your alien relative. (Continued.) |
Information about your alien relative, the beneficiary. (Continued.) |
Page 2, Part 2 “Name and address of your alien relative…” |
Name and address of your alien relative in the language written in the country where he or she now resides. |
“Name and mailing address of the beneficiary written in the language of the country where he or she now resides. |
Page 2, Part 2 “Country/Zip/Postal Code” |
Country/Zip/Postal Code |
ZIP/Postal Code/Country |
Page 2, Part 2 Insert new section after “Country/Zip/Postal Code” |
N/A |
Check the box, a through d, that applies:
a. b. c. d. Where? ____________________
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Page 2, Part 2 Insert new section after newly proposed section above, “If the beneficiary has ever been in the United States…” |
N/A |
What is the beneficiary’s native language? |
Page 2, Part 2 Insert new section after newly proposed section above, “What is the beneficiary’s native language? |
N/A |
Is the beneficiary fluent in English?
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Page 2, Part 2 Insert new section after newly proposed section above, “Is the beneficiary fluent in English?” |
N/A |
What other language(s) does the beneficiary speak fluently:
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Page 2, Part 2 Insert new section after newly proposed section above, “What other language(s) does the beneficiary speak fluently?” |
N/A |
Please list each of the beneficiary’s entries into the U.S., if any, beginning with the most recent entry (attach an additional sheet if the beneficiary has more than two entries into the U.S.):
Date: __________ Place: __________ Status: __________ I-94#: ____________________ Date Status Expires/Expired: __________________
Date: __________ Place: __________ Status: __________ I-94#: ____________________ Date Status Expires/Expired: __________________
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Page 2, Insert new Part 3 (which has been incorporated in previous changes outlined in Parts 1 and 2 above) after Part 2 |
Part 3. Processing Information |
Part 3. Two-year filing deadline.
Is
the petitioner filing this application more than two years after
the date the petitioner was admitted to the U.S. as a refugee or
granted asylee status?
If the petitioner answered yes to the previous question, please explain the delay in filing (Attach additional sheets of paper if necessary.): |
Page 2, Insert new Part 4 after Part 3 |
Part 4. Signature |
Part 4. WARNING.
WARNING: Beneficiaries who are in the United States illegally are subject to removal if the I-730 petition is not granted by USCIS. Any information provided in completing this application may be used as a basis for the institution of, or as evidence in, removal proceedings, even if the petition is later withdrawn. Unexcused failure by the beneficiary to appear for an appointment to provide biometrics (such as fingerprints and photographs) and biographical information within the time allowed may result in denial of the I-730 petition. Information provided on this form, and biometrics and biographical information provided by the beneficiary may also be used in producing an Employment Authorization Document if the beneficiary is granted derivative refugee or asylee status.
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Page 2, Insert new Part 5 after Part 4 |
Part 5. Signature of person preparing form, if other than petitioner above. |
Part 5. Signature of petitioner. Read the information on penalties in the instructions and the warning in Part 4 before completing this section and sign below. If someone other than the beneficiary helped you to prepare this petition, that person must complete Part 7.
I certify or, if outside the United States, I swear or affirm, under penalty of perjury under the laws of the United States of America, that this petition and the evidence submitted with it, is all true and correct. I authorize the release of any information from my record to determine eligibility for this petition.
Signature Print Name Date Daytime Telephone Number
NOTE: If you do not completely fill out this form or fail to submit the required documents listed in the instructions, your relative may not be found eligible for the requested benefit and this petition may be denied. |
Page 2, Insert new Part 6 after Part 5 |
N/A |
Part 6. Signature of beneficiary, if in the U.S. Read the information on penalties in the instructions and the warning in Part 4 before completing this section and sign below. If someone other than the petitioner helped you to prepare this petition, that person must complete Part 7. NOTE: If the beneficiary is not currently in the U.S., this section should be left blank. I certify under penalty of perjury under the laws of the United States of America, that this petition, and the evidence submitted with it, is all true and correct. I authorize the release of any information from my record that U.S. Citizenship and Immigration Services needs to determine eligibility for the benefit I am seeking.
Signature Print Name Date Daytime Telephone Number
NOTE: If you do not completely fill out this form or fail to submit the required documents and biometrics listed in the instructions, you may not be found eligible for the requested benefit and this petition may be denied. |
Page 2, Insert new Part 7 after Part 6 |
N/A |
Part 7. Signature of person preparing form, if other than petitioner or beneficiary above.
I declare that I prepared this petition at the request of the __________________(name of person(s) above), and it is based on all of the information of which I have knowledge.
Signature Print Full Name Date Daytime Telephone Number Firm Name and Address E-Mail Address (If any.) |
Page 2, Insert new Part 8 after Part 7 |
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Part. 8 To be completed at interview of beneficiary, if applicable (age 14 and over).
Beneficiaries in the U.S. may be interviewed by USCIS officers. Their petitioners may also be interviewed. Beneficiaries living overseas will be interviewed by a USCIS officer or a DOS consular officer.
I swear (affirm) that I know the contents of this application that I am signing, including the attached documents and supplements ,and that they are
Signed and sworn before me by the beneficiary named herein on: ______________
Signature of Beneficiary Date Write your Name in Native Alphabet Signature of USCIS Officer or DOS Consular Officer
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File Type | application/msword |
File Title | I-129 |
Author | User_Template |
Last Modified By | USCIS |
File Modified | 2007-08-09 |
File Created | 2007-08-09 |