1. What is an I-730 Refugee/Asylee Relative Petition?
An I-730 Refugee/Asylee Relative Petition is a form used by refugees and asylees to petition for their immediate family members to join them in the United States. It is used to apply for a family member who is outside of the United States, to be granted refugee or asylee status. The form can be found on the United States Citizenship and Immigration Services (USCIS) website and must be completed and filed with the USCIS.
2. Who is eligible to file an I-730?
An I-730 form can be filed by refugees and asylees who have been granted status by the U.S. government, and who wish to bring certain family members (spouses and unmarried children under the age of 21) to the United States to join them.
3. When should an I-730 Refugee/Asylee Relative Petition be filed?
An I-730 Refugee/Asylee Relative Petition should be filed as soon as the refugee or asylee has been granted their status in the United States. It is important to note that this petition must be filed within two years of the date the refugee or asylee was granted their status. Once the I-730 is approved, the beneficiary can then apply for a Green Card.
4. What documents are required to be filed with an I-730?
To file an I-730, Refugee/Asylee Relative Petition, you must submit Form I-730, copies of documents establishing your relationship to the qualifying relative, and evidence of the qualifying relative’s refugee/asylee status or their current residence in the United States. You may also need to submit other evidence of your relationship, such as documents showing joint ownership of assets or legal obligations. You may also need to submit additional information, such as a copy of your birth certificate and a statement explaining any change in your name.
5. How long does it take to process the I-730?
It usually takes six months to a year for the United States Citizenship and Immigration Services (USCIS) to process the I-730 form. Processing times can vary depending on individual cases.
6. How does the I-730 applicant receive notification of approval or denial?
If an I-730 application is approved, the applicant will receive a notice of approval in the mail. If the application is denied, the applicant will be sent a notice of denial in the mail. The notice will include information about the denial and instructions on how to appeal or file a motion to reopen or reconsider the decision.
7. What are the different types of immigrant visas available through the I-730 petition?
The types of immigrant visas available through the I-730 petition are:
• Family-based visas: A family-based visa allows a foreign-born spouse, parent, or child of a U.S. citizen or permanent resident to immigrate to the United States.
• Employment-based visas: An employment-based visa is available to skilled foreign workers who have certain job offers in the United States.
• Refugee and asylee visas: A refugee or asylee visa allows a foreign national who has been persecuted in his or her home country to come to the United States and find refuge.
• Diversity visas: The Diversity Visa Program is an annual lottery program which provides up to 50,000 immigrant visas per year to people from countries with low rates of immigration to the United States.
• Special immigrant visas: Special immigrant visas are available for certain categories of foreign nationals, including religious workers, international organization employees, and Afghan and Iraqi translators.
8. Is there a fee to file an I-730 Refugee/Asylee Relative Petition?
Yes. The fee for Form I-730 Refugee/Asylee Relative Petition is $535.
9. Where can the I-730 be filed?
The I-730 form can be filed with the U.S. Citizenship and Immigration Services (USCIS) office that has jurisdiction over the applicant’s place of residence.
10. Are there any bars or requirements for obtaining a visa through the I-730 petition?
Yes. The person filing the I-730 petition must be present and residing in the United States. They must also establish that they are qualified to file the petition and meet all other eligibility criteria for a visa, including background checks, health screenings, and other requirements. Additionally, the person seeking the visa must provide proof of family relationship to the petitioner, such as birth certificates or marriage certificates. Finally, a valid passport will be required, and travel documents may be required in some cases.
11. Can an asylee petition a family member who is abroad for permanent residence in the U.S.?
Yes, an asylee can petition a family member who is abroad for permanent residence in the U.S. However, the asylee must first adjust their status from asylum to Lawful Permanent Resident (LPR). Once the asylee is an LPR, they can petition for eligible family members to receive green cards.
12. Is work authorization available for those who receive a visa through the I-730 petition?
No, work authorization is not available for those who receive a visa through the I-730 petition.
13. Does filing an I-730 qualify my family member for a green card?
No, filing an I-730 does not qualify your family member for a green card. The I-730 is a form used to request refugee/asylee family reunification, which allows certain family members of refugees and asylees to enter the United States and obtain permanent resident status. The form itself does not provide a green card. The qualifying family members must still complete the necessary steps to obtain a green card before they can become a lawful permanent resident.
14. Does an applicant need an attorney to file an I-730 petition?
No, an applicant does not need an attorney to file an I-730 petition. However, having an attorney who is familiar with the process can help improve the chances of a successful application.
15. Are there any restrictions on who may receive a visa through the I-730 petition?
Yes. The I-730 petition is limited to certain refugees and asylees, including those who are family members of the petitioner. In addition, the petitioner and the applicant must have a qualifying relationship.
16. Is waiver of inadmissibility possible for those receiving a visa through the I-730 petition?
Yes, a waiver of inadmissibility may be possible for those receiving a visa through an I-730 petition. A waiver of inadmissibility is usually requested when an individual does not meet the requirements for a visa and must overcome a legal impediment (such as criminal activity). The waiver must be applied for through U.S. Citizenship and Immigration Services (USCIS) and if approved, it will allow the individual to receive a visa or other immigration benefit.
17. Are there any restrictions on travel while the I-730 petition is pending?
No, there are no restrictions on travel while the I-730 petition is pending. However, the individual should ensure that they have all the required documents and proof of their relationship with the petitioner when they return to the U.S., in case they are asked to provide them.
18. Is it possible to extend or adjust status after receiving a visa through the I-730 petition?
Yes, it is possible to extend or adjust status after receiving a visa through the I-730 petition. However, the process is complicated and will depend on the individual’s situation. In order to extend or adjust status, an immigrant must file an Application to Register Permanent Residence or Adjust Status (Form I-485). The immigrant must also meet certain requirements in order to be eligible for adjustment of status. Additionally, the immigrant must provide evidence that they have maintained lawful immigration status for a certain period of time.
19. Are derivative beneficiaries of an approved I-730 petition also eligible for a visa, even if they are not asylees or family members of asylees?
No, derivative beneficiaries of an approved I-730 petition are not eligible for a visa unless they are asylees or family members of asylees.
20. What happens if the principal beneficiary dies during the processing of the I-730 application?
If the principal beneficiary dies during the processing of an I-730 application, the application will be automatically terminated. If a derivative beneficiary is included on the application and they are still alive, the application can be processed on their behalf.
