Nonimmigrant related Frequently Asked Questions 

Your spouse and/or your unmarried children under twenty-one (21) years of age, whether in or outside of the United States, are eligible for accompanying or following-to-join benefits.

Family member's must meet the following conditions:

Refugees:

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 the principal refugee when the refugee was admitted to the United States.)

Approved Asylum Applicants: 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 the principal asylum applicant when the alien was granted asylum in the United States.)

Children

Any child that is filed for must continue to be unmarried and under 21 years of age.

A petition may not be approved for the following people:
A spouse or child who has previously been granted refugee or asylum status.
An adopted child, if the adoption took place after the child became 16 years old, or if the child has not been in the 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 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.

Required Supplementary Documentation for the I-730
* Evidence of your status as a refugee or approved asylum applicant
* A recent photograph of the family member you are filing for
* If petitioning for a spouse, submit your marriage certificate. If you and/or your 
  spouse were ever previously married to other people, submit evidence of the legal 
  termination of the previous marriage(s).
* If petitioning for your child, submit the child's birth certificate showing both the 
  child's name and your name
* If your name is not mentioned on the birth certificate, either submit evidence that  
  the child was legitimated by the civil authorities or submit evidence that a bona 
  fide parent/child relationship exists or existed between you and the child 
  (emotional and financial ties to the child, genuine concern and interest in the  
  child's support, instruction, and general welfare).
* 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).
* 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.