Form I-730 Form I-730 Refugee/Asylee Relative Petition

OMB No.1615-0037; Expires 08/31/07

Department of Homeland Security
U.S. Citizenship and Immigration Service

I-730, Refugee/Asylee Relative Petition
Instructions

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).

1. Who May File This Petition?
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.
You are not eligible to file this petition if:
You were granted status in the United States as a
derivative beneficiary or as an accompanying or
following-to-join family member; or
You were admitted to the United States as a refugee
more than two years ago (see *NOTE below), or
You were granted status in the United States as an asylee
more than two years ago (see *NOTE below).
*NOTE: The two-year limitation may be waived by
USCIS for 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.

2. 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.

If you are a refugee:
The relationship between you and your relative must have
existed on the date you were admitted to the United States
as a refugee and must continue to exist.

-- 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.

-- The mother of such child is not an eligible relative
unless the mother was married to you, the principal
refugee, when you were admitted to the United States.

If you are an asylee:
The relationship between you and your relative must
have existed on the date you were granted asylum in
the United States and must continue to exist.

-- If the person you are filing for is a child who was
conceived but not yet born on the date you were
granted asylum in the United States, the relationship
will be considered to exist as of the date you were
granted asylum in the United States.

-- The mother of such child is not an eligible relative
unless the mother was married to you, the principal
asylee, when you were granted asylum in the United
States.
In all cases, if the family member you are filing for is
your child, the child must be under 21 years of age when
the petition is filed and continue to be unmarried at the
time of approval.
A spouse or child must be otherwise admissible as an
immigrant (for refugee relatives) or not subject to the
mandatory bars of 8 CFR 208.21 (for asylee relatives).

A petition may not be approved
for the following persons:
A spouse or child who has previously been granted
refugee or asylee status.
An adopted child, if the adoption took place after the
child became 16 years old, or if the child has not been in
legal custody and living with the adoptive parent(s)
for at least two years.
A stepchild, if the marriage that created this relationship
took place after the child became 18 years old.
A husband or wife, if each was not physically present at
the marriage ceremony and the marriage was not
consummated.
A husband or wife, if it is determined that such alien has
attempted or conspired to enter into a marriage for the
purpose of evading immigration laws.
A parent, sister, brother, grandparent, grandchild,
nephew, niece, uncle, aunt, cousin or in-law.

3. What Are the General Filing Instructions?
Type or print legibly in black ink.
If you need extra space to complete any item, attach a separate
continuation sheet. Indicate the item number, date and sign
each sheet.

Form I-730 Instructions (Rev. 09/18/06) N

Answer all questions fully and accurately. Portions left
unanswered may result in a Request for Evidence. If the
previous marriages portion does not apply to you, please state
"none." For all others that do not apply to you, please state
"N/A."
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.
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 not
required will remain a part of the record.

4. What Documents Do You Need to
Prove Eligibility and a Family Relationship?
Certain documents are required to be submitted with this
petition to show that you are eligible to file this petition and to
show that a relationship exists between you and your relative.
(If the documents described below are not available, see
Sections 4 and 5 of these instructions):
In all cases, submit evidence of your status as a refugee or
asylee in the United States.
In all cases, submit a recently taken clear photograph of the
family member you are filing for.
If you are petitioning for your husband or wife, submit your
marriage certificate. If you and/or your spouse were
previously married to other people, submit evidence of the
legal termination of the previous marriage(s). Evidence of any
legal name change must also be submitted, if applicable.
If you are petitioning for your child and you are the natural
mother, whether the child was born in or out of wedlock,
submit the child's birth certificate showing both the child's
name and your name. Evidence of any legal name change
must also be submitted if the names on the birth certificate do
not match the names on the petition.
If you are petitioning for your child and you are the natural
father, submit the child's birth certificate showing both the
child's name and your name. If you were married to the child's
mother, submit your marriage certificate. If you and/or the
child's mother were previously married to other people, submit
evidence of the legal termination of the previous marriage(s).
If you were not married to the child's mother, submit evidence
that the child was legitimated by civil authorities, submit
evidence that a bona fide parent/child relationship exists or
existed between you and the child. Evidence of a bona fide
parent/child relationship should prove that you have emotional
and financial ties to the child, and that you have shown
genuine general welfare. Such evidence may include (but is
not limited to) the following:

-- Money order receipts;
-- Canceled checks showing financial support of the
child;
--

Income tax returns in which you claim the child as a
dependent and member of your household;

--

Medical or insurance records that include the child as
a dependent;

--

School records for the child;

--

Correspondence between you and the child;

--

Notarized affidavits of reliable persons who are
knowledgeable about the relationship. Evidence of
any legal name change must also be submitted, if
applicable.
If you are petitioning for your stepchild, whether the
child was born in or out of wedlock, submit the child's
birth certificate and the marriage certificate between you
and the child's natural parent. If you and/or the child's
natural parent were ever previously married to other
people, submit evidence of the legal termination of the
previous marriage(s). Evidence of any legal name
changes must also be submitted, if applicable.
If you are petitioning for your adopted child, submit a
certified copy of the adoption decree and evidence that
you resided together with the child for at least two years.
If you were granted legal custody of the child prior to the
adoption, submit a certified copy of the court order
granting custody. Evidence of any legal name changes
must also be submitted, if applicable.

5. What If a Document Is Not Available?
If the documents described above are not available from the
civil authorities, you may submit the following, as
secondary evidence, along with a statement from the
appropriate civil authority certifying that the required
document(s) is(are) not available.
Religious institution record: A certificate under the seal
of the religious institution where the baptism, dedication
or comparable rite occurred within two months after
birth, showing the date and place of the child's birth, the
date of the religious ceremony, and the names of the
child's parents.
School record: A letter from the authorities of the school
(s) attended, showing the date of admission to the school,
the child's date and place of birth and the names of both
parents, if shown on the school records.
Census record: State or federal census record showing
name, place of birth, and date of birth or the age of the
person(s) listed.
Form I-730 Instructions (Rev. 09/18/06) N Page 2

6. What If Secondary Evidence is Not Available?
If the secondary evidence described above is not available, you
can submit affidavits. If you submit affidavits, they must
overcome the absence of primary and secondary evidence.

Affidavits:
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. The persons making the
affidavits do not have to be United States citizens.
Each affidavit should contain the following information
regarding the person making the affidavit: his or her full name,
address, date and place of birth and his or her relationship to
you (if any); full information concerning the event; and
complete details concerning how the person acquired the
knowledge of the event.

7. Where Do You File This Form?
Nebraska Service Center Filings
File Form I-730 with the Nebraska Service Center if you, the
petitioner, currently live in the following states:
Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho,
Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri,
Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon,
South Dakota, Utah, Washington, Wisconsin or Wyoming.

8. What Are the Penalties for
Committing Marriage Fraud?
Title 8, United States Code, Section 1325, states that any
person who knowingly enters into a marriage contract for
the purpose of evading any provision of the immigration
laws shall be imprisoned for not more than five years, or
fined not more than $250,000, or both.
Title 18, United States Code, Section 1001, states that
whoever willfully and knowingly falsifies a material fact,
makes a false statement or makes use of a false document
will be fined up to $10,000 or imprisoned up to five years,
or both.

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 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. You do not have to
give this information. However, if you refuse to give some
or all of it, your petition may be denied.

10. USCIS Forms and Information.

USCIS - Nebraska Service Center
P.O. Box 87730
Lincoln, NE 68501-7730

To order USCIS forms, call our toll-free number at
1-800-870-3676. You can also get USCIS forms and
information on immigration laws, regulations and
procedures by telephoning our National Customer Service
Center at 1-800-375-5283 or visiting our internet website at
www.uscis.gov.

Texas Service Center Filings

11. Use InfoPass for Appointments

The mailing address you should use is:

File Form I-730 with the Texas Service Center if you, the
petitioner, currently live in the following states:
Alabama, Arkansas, Connecticut, Florida, Georgia, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Mississippi, New
Hampshire, New Jersey, New Mexico, New York, North
Carolina, South Carolina, Oklahoma, Pennsylvania, Puerto
Rico, Rhode Island, Tennesse, Texas,Vermont, Virginia, U.S.
Virgin Islands, West Virginia or Washington, DC.

As an alternative to waiting in line for assistance at your
local USCIS office, you can now schedule an appointment
through our internet-based system, InfoPass. To access the
system, visit our website at www.uscis.gov. Use the
InfoPass appointment scheduler and follow the screen
prompts to set up your appointment. InfoPass generates an
electronic appointment notice that appears on the screen.
Print the notice and take it with you to your appointment.
The notice gives the time and date of your appointment,
along with the address of the USCIS office.

The mailing address you should use is:
USCIS - Texas Service Center
P.O. Box 852824
Mesquite, TX 75185

Form I-730 Instructions (Rev. 09/18/06)N Page 3

12. Paperwork Reduction Act.
An agency may not conduct or sponsor an information
collection and a person is not required to respond to a
collection of information unless it displays a currently valid
OMB control number. The public reporting burden for this
collection of information is estimated to average 35 minutes
per response, including the time for reviewing instructions,
searching existing data sources, gathering and maintaining
the data needed and completing and reviewing the collection
of information. Send comments regarding this burden estimate
or any other aspect of this collection of information, including
suggestions for reducing this burden, to: U.S. Citizenship and
Immigration Services, Regulatory Management Division,
111 Massachusetts Avenue, N.W., Suite 3008, Washington,
DC 20529. OMB No. 1615-0037. Do not mail your petition
to this address.
Check List.
Did you answer each question on the Form I-730
petition according to the instructions on the form?
Did you sign and date the petition?
Did you submit proof of your status as a refugee or
asylee in the United States?
Did you submit documented proof of relationship,
including those needing copies and/or translations?
Did you submit the beneficiary photo?
Did you provide the beneficiary's address where he or
she is residing now?
Did you provide the beneficiary's name and address as
written in the language of his or her country of
residence?

Form I-730 Instructions (Rev. 09/18/06) N Page 4

OMB No.1615-0037; Expires 08/31/07

Department of Homeland Security
U.S. Citizenship and Immigration Services

I-730, Refugee/Asylee Relative Petition

DO NOT WRITE IN THIS BLOCK - FOR USCIS OFFICE ONLY
Section of Law

Action Stamp

Receipt

207 (c)(2) Spouse
207 (c)(2) Child
208 (b)(3) Spouse
208 (b)(3) Child

Remarks

Reviewed For
Material
Support
Date:

START HERE - Please type or print legibly in black ink.
Petitioner Status:

Refugee

Lawful Permanent Resident based on previous Refugee status

Asylee

Lawful Permanent Resident based on previous Asylee status

I am filing this petition for my:

Spouse

Biological Child

Unmarried child under 21 years of age who is:

Stepchild

(

Number of relatives I am filing for:

)

of

Adopted Child

Part 1. Information about you.

Part 2. Information about your alien relative.

Family Name (Last Name), Given Name (First Name), Middle Name

Family Name (Last Name), Given Name (First Name), Middle Name

Address - C/O

Address - C/O

Street Number and Name

Apt. #

Street Number and Name

State or Province

City
Country

Zip/Postal Code

Date of Birth (mm/dd/yyyy)

Country of Birth

Gender:
a.
b.

Apt. #

City

Male

State or Province

Country

Zip/Postal Code

Female
Date of Birth (mm/dd/yyyy)

Gender:
a.
b.

Male
Female

Country of Birth

Country of Citizenship/
Nationality

Telephone Number Country and City/Area Code Country of Citizenship/Nationality Telephone Number Country and City/Area Code

Alien Registration Number(A#)

U.S. Social Security # (If applicable.)

Alien Registration Number (If any.) U. S. Social Security # (If any.)

Other Name(s) Used (Including maiden name)

Other Name(s) Used (Including maiden name)

State If Married, Date (mm/dd/yyyy) and Place of Present Marriage:

State If Married, Date (mm/dd/yyyy) and Place of Present Marriage:

State If Previously Married, Name(s) of Prior Spouse(s):

State If Previously Married, Name(s) of Prior Spouse(s):

Date(s) Previous Marriage(s) Ended: (mm/dd/yyyy)

Date(s) Previous Marriage(s) Ended: (mm/dd/yyyy)

If Granted Refugee Status, Date (mm/dd/yyyy) and Place Admitted to the
United States:

Date (mm/dd/yyyy) and Place Refugee or Asylee status was granted:

To Be Completed by
Attorney or Representative, if any.
Fill in box if G-28 is attached to represent
the petitioner.
Volag #
Atty State License #
Form I-730 (Rev. 09/18/06) N

Part 2. Information about your alien relative. (Continued.)
Name and address of your alien relative in the language written in the country where he or she now resides.
Given Name

Family Name

Middle Name

Address - C/O

Street Number and Name/Apt. #
City/State or Province

Country/Zip/Postal Code

Part 3. Processing Information.
1. Check One:

a.

The person named in Part 2 is now in the United States.

b.

The person named in Part 2 is now outside the United States. (Please indicate the location of the American
Consulate or Embassy where your relative will apply for a visa.)
American Consulate/Embassy at:
City and Country

2. Is the person named in Part 2 in deportation or removal proceedings in the United States?
a.

No

b.

Yes (Please explain below or on a separate sheet(s) of paper.)

Part 4. Signature.

Read the information on penalties in the instructions before completing this section and sign below.
If someone helped you to prepare this petition, he or she must complete Part 6.

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 which 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 listed in the instructions, your relative may not be found
eligible for the requested benefit and this petition may be denied.

Part 5. Signature of person preparing form, if other than petitioner above. (Sign below.)
I declare that I prepared this petition at the request of the above person and it is based on all of the information of which I have knowledge.
Signature

Firm Name and Address

Print Full Name

Date

Daytime Telephone Number

E-Mail Address (If any.)

Form I-730 (Rev. 09/18/06) N Page 2