What Is Form I-730
Form I-730, Refugee/Asylee Relative Petition, is the official USCIS form you file to bring certain family members to the United States if you have been approved as a refugee or asylee. This form creates a direct immigration pathway for your spouse and unmarried children under 21 to join you in the U.S.
Eligibility Requirements
You can petition for family members only if you were granted refugee status or asylee status. Your eligible relatives are limited to your spouse and unmarried children under age 21. You cannot petition for parents, adult siblings, or other relatives through the I-730 process.
Your family members must still pass security and health screenings. They cannot have been firmly resettled in another country before arriving in the U.S. If a derivative beneficiary was already granted asylum in a third country, they lose eligibility under the I-730.
Filing Timeline and Priority Dates
You must file Form I-730 within 2 years of your own refugee or asylee approval date. This 2-year window is strict. After it closes, USCIS will deny any late petitions unless you can demonstrate extraordinary circumstances.
Unlike employment-based green card petitions, I-730 cases do not use priority dates in the traditional sense. However, your filing date becomes your priority date for visa processing if your case is approved. Your family members will be scheduled for consular processing at a U.S. embassy or consulate in their country of residence.
Processing and Adjustment of Status
Once USCIS approves your I-730 petition, your family members receive a visa number for consular processing. They attend a consular interview where a consular officer reviews their medical examination, police certificates, and DS-160 immigrant visa application.
Unlike adjustment of status (which some immediate relatives can pursue from within the U.S.), family members approved through I-730 must complete consular processing abroad. They receive their immigrant visa at the embassy or consulate and can then travel to the U.S. to enter as lawful permanent residents.
Common Questions
- Can I file I-730 if I have pending asylum application? No. You must wait until USCIS or an immigration judge grants you refugee or asylee status before filing I-730. Your petition cannot be accepted while your own case is pending.
- What happens if my spouse remarries before their visa interview? They become ineligible. The I-730 petition is terminated, and you cannot refile for that person. They would need to pursue a separate green card petition through another family member or employment route.
- Do my family members need to pass the medical exam before I file? No. They complete the medical exam (Form I-693) after your I-730 is approved, during consular processing. Do not pay for medical exams before filing your petition.