Refugee/Asylee Relative Petition

OMB No.1615-0037; Expires 12/31/09

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

I-730, Refugee/Asylee Relative Petition
Instructions

Read these instructions carefully to properly complete this form. If you need more space to complete an answer, use a
separate sheet of paper. Write your name and Alien Registration Number (A-Number), if any, at the top of each sheet of
paper and indicate the section and number of the item to which the answer refers.

Who May File Form I-730?
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 Form I-730, provided that your refugee
admission or asylum grant occurred within the past two years.
Approval of Form I-730 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.
You are not eligible to file this petition if:
1. You were granted status as an accompanying or followingto-join derivative refugee or asylee;
2. You were admitted to the United States as a refugee more
than two years ago (see NOTE 1 );
3. You were granted status in the United States as an asylee
more than two years ago (see NOTE 1); or
4. You became a naturalized U.S. citizen prior to filing Form
I-730. If you are currently a U.S. citizen, you may file Form
I-130 to petition for your spouse or minor children. (Note: If
you previously filed Form I-730 for your relative when you
were a principal refugee, however, you are now a U.S.
citizen, and USCIS has not yet adjudicated your petition,
USCIS may continue to process your relative for refugee
resettlement in the United States as a matter in the public
interest, provided that your relative is otherwise qualified
for consideration by the U.S. Refugee Program. See 8 Code
of Federal Regulations (CFR) § 207.1(d).)
NOTE 1: The two-year limitation may be waived by
USCIS for humanitarian reasons. 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.

Who Is Eligible to Receive Accompanying or
Following-to-Join Benefits?
Your spouse and/or your unmarried child(ren) under the
age of 21, 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.

If you are a principal refugee
1. 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.
a. 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 2).
b. 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.
NOTE 2: 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 or passport.

If you are a principal asylee
1. 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.
a. 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 3).
b. 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.
NOTE 3: 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 or passport.

Children who have reached 21 years of age
1. For asylees, a child who is under 21 years of age on the
date the Form I-589, Application for Asylum and
Withholding of Removal, is received by USCIS will
continue to be classified as a child for purposes of
determining asylum eligibility and related benefits. For
refugees, a child who is under the age of 21 on the date the
principal alien is first interviewed by USCIS will continue
to be classified as a child for purposes of determining
refugee eligibility and related benefits. In both cases, in
order to be considered a derivative child, the principal
alien must have listed the child on Form I-589 or Form
I-590, Registration for Classification as Refugee, as
appropriate, prior to the derivative's 21st birthday and
prior to adjudication of the application. If your Form I-589
or Form I-590 was filed before August 6, 2002, and your
child turned 21 years of age prior to that date, that
application must still have been pending on August 6,
2002, in order for your child to continue to be classified as
a child.

Form I-730 Instructions (Rev. 01/07/09) Y

In all cases, your child must be unmarried on the date you
filed this petition, and at the time it is decided by USCIS in
order to receive derivative asylum or refugee status.
2. A spouse or child of a principal refugee must be otherwise
admissible as an immigrant. A spouse or child of a
principal asylee must not be subject to the mandatory bars
of 8 CFR § 208.21. Note: If the spouse or child of a
principal asylee is otherwise inadmissible as an immigrant,
this fact may be considered in determining whether USCIS
will exercise its discretion favorably to grant
accompanying or following-to-join asylee benefits to such
spouse or child.

A petition may not be approved for the following persons
1. A spouse or child who has previously been granted
refugee or asylee status;
2. An adopted child, if the adoption took place after the
child became 16 years of age, or if the child has not been in
legal custody and living with the adoptive parent(s)
for at least two years;
3. A stepchild, if the marriage that created this relationship
took place after the child became 18 years of age;
4. A husband or wife, if each was not physically present at
the marriage ceremony, and the marriage was not
consummated;
5. 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; and
6. A parent, sister, brother, grandparent, grandchild,
nephew, niece, uncle, aunt, cousin, or in-law.
Warning: If your alien relative is in the United States
illegally, he or she is subject to removal if Form I-730 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 CFR § 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 petition 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.), § 1546(a), provides in
part:
Whoever knowingly makes under oath, or 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.

General 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.
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, state
"None." For all other portions that do not apply to you, state
"N/A."
In Part 2, on page one, 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, indicate at which USCIS Office or U.S.
Embassy or consulate your alien relative will apply for travel
authorization. In Part 2 on page two, 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 14 years of age or older, must sign
the petition at the time of filing.

Form I-730 Instructions (Rev. 01/07/09) Y Page 2

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
it at the time of the interview.
Submission of Documents. You must submit one readable
photocopy of each required document to USCIS. Do not
submit original documents unless you are asked to provide
them. For example, USCIS may require that you provide for
review the original document of any copy you submit.
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.

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 the
sections of these instruction entitled "What If a Document Is
Not Available?" and "What If Secondary Evidence Is Not
Available?")
1. In all cases, submit evidence of your status as a refugee or
asylee in the United States.
2. In all cases, submit a recently taken clear photograph of the
family member for whom you are filing. The photograph
must be a full frontal picture of your family member, and
meet passport specifications. For more information on
photographs, you may call USCIS National Customer
Service Center at 1-800-375-5283.
3. If you are petitioning for your husband or wife, submit
your marriage certificate and the birth certificate of your
spouse. If you or your spouse were previously married to
other people, submit evidence of the legal termination of
the previous marriage(s) such as a divorce or death
certificate. Evidence of any legal name change must also be
submitted, if applicable.
4. 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.
5. 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 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
and 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:
a. Money order receipts;
b. Canceled checks showing financial support of the
child;
c.

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

d.

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

e.

School records for the child;

f.

Correspondence between you and the child; or

g.

Notarized affidavits of reliable persons who are
knowledgeable about the relationship. Evidence of
any legal name change must also be submitted, if
applicable.

6. If you are petitioning for your stepchild, submit the child's
birth certificate and the marriage certificate between you
and the child's natural parent. If you 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.
7. 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.

What If A Document Is Not Available?
If the documents described above are not available from the
civil authorities, you must 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.
1. 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.

Form I-730 Instructions (Rev. 01/07/09) Y Page 3

2. 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.
3. Census record: State or Federal census record showing
name, place of birth, and date of birth, or the age of the
person(s) listed.

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, divorce, or death. The persons making
the affidavits do not have to be U.S. 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.

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.

Biometrics (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 if your relative is 14 years of age or over, he or she must
be fingerprinted 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 your Form I-730.

Where to File?
Nebraska Service Center Filings
File Form I-730 with the Nebraska Service Center if you, the
petitioner, currently live in any of 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.
The mailing address is:
USCIS - Nebraska Service Center
P.O. Box 87730
Lincoln, NE 68501-7730
Texas Service Center Filings
File Form I-730 with the Texas Service Center if you, the
petitioner, currently live in any of the following states:
Alabama, Arkansas, Connecticut, Delaware, 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,
Tennessee, Texas,Vermont, Virginia, U.S. Virgin Islands,
West Virginia, or Washington, DC.
The mailing address is:
USCIS - Texas Service Center
P.O. Box 852824
Mesquite, TX 75185

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 entitled "Biometrics
(Fingerprints and Photographs")).

Form I-730 Instructions (Rev. 01/07/09) Y Page 4

USCIS suggests that your alien relative bring a copy of your
Form I-730 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:
you 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.
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 dismissal of your petition (See
NOTE 4).
If you are hearing-impaired and require the services of a signlanguage interpreter in your language, one will be provided for
you. 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 4: Although current regulations only require
individuals seeking asylum to bring competent interpreters to
the interview in the U.S., USCIS strongly suggests that
individuals seeking derivative refugee status 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 Form I-94 (ArrivalDeparture 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.

What Are the Penalties for Committing Marriage
Fraud?
1. 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.
2. 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.

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.

USCIS Forms and Information
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.
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. 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.
NOTE: Asylum Offices do not use InfoPass. 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.

Form I-730 Instructions (Rev.01/07/09) Y Page 5

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 at 35 minutes per
response, including the time for reviewing instructions, and
completing and submitting the form. 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., 3rd Floor, Suite 3008, Washington, DC
20529-2210. OMB No. 1615-0037. Do not mail your
application to this address.

Check List
1. Did you answer each question on Form I-730
according to the instructions on the form?
2. Did you sign and date Form I-730?
3. Did you submit proof of your status as a refugee or
asylee in the United States?
4. Did you submit documented proof of relationship,
including copies and translations?
5. Did you submit the beneficiary's photo?
6. Did you provide the beneficiary's address where he or
she is residing now?
7. Did you provide the beneficiary's name and address as
written in the language of his or her country of
residence?
8. If your beneficiary is currently residing in the United
States, did he or she review the information on this
petition for accuracy?
9. If your beneficiary is currently residing in the United
States, did he or she read the certification statement,
sign it, and date it?

Form I-730 Instructions (Rev. 01/07/09) Y Page 6