Nonimmigrant related Frequently Asked Questions
I just got my asylum case approved. How
can I get my family to join me?
If
your spouse and children were included in the removal proceeding
they will also be included in the immigration judge's order
granting asylum. If those family members were not included
in the removal proceeding, an I-730 must be filed on their
behalf
Special procedures have been developed by the INS and the
Department of State to admit a spouse or child following to
join an alien who has been granted asylum. You (the alien
already granted asylum) file INS Form I-730 with the Texas
Service Center, along with proof of the marital and/or parental
relationship.
If the INS finds the spouse or child ineligible for derivative
asylum status, it will send a written notice explaining the
basis for denial to the applicant for asylum. No appeal exists
from this decision.
If the INS approves the I-730 petition, it sends the approval
notice to the State Department's National Visa Center, which
forwards it to the appropriate consular post for processing.
The consulate provides a boarding letter authorizing travel
to the United States. Upon arrival in the United States the
officer issues to each family member a Form I-94, which includes
a stamp of ``Employment Authorized'' for each employable alien
and another stamp indicating that the entrant has been granted
asylum. The spouse or child is granted asylum for as long
as the principal alien remains in status.
I-730 Refugee/Asylee Relative Petition
If you have been admitted to the United States as a refugee
or if you have been granted asylum in the United States as
an within the previous two years as the principal applicant,
you may file this petition. A separate form I-730 must be
filed for each family member.
Aliens not eligible to file this petition:
1) Aliens granted status in the United States as a derivative
beneficiary or as an accompanying or following-to-join family
member OR
2) You were admitted to the United States as a refugee more
than two years ago OR
3) You were granted asylum in the United States more than
two years ago
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