By receiving asylum status in the United States, you will enjoy the protection that for various reasons you were unable to obtain in your home country, leaving behind the life you had there, including your friends and family. But did you know that as an asylee you can apply for certain family members to receive the same status? Our asylum attorney is here to help.

After you file your asylum application in the U.S., the immigration law allows you to apply for refuge for certain family members who meet the eligibility requirements established by the U.S. Citizenship and Immigration Services (USCIS), in order to have the opportunity to obtain the same status and live together with you in the United States.

If you need the legal advice of an attorney that allows you to complete the process without any mistakes, ensuring a positive outcome for both you and your family member, do not hesitate to work hand in hand with our asylum attorney, who will ensure that you comply with everything you need to make the request of your family member without problems.

Schedule an appointment now and let our asylum attorney guide you on the right legal path to reunite with your significant others.

When can I apply for a family member if I am an asylee?

In order for you to request a family member living abroad to apply for asylum status in the United States, it is important you ensure no more than 2 years have passed since the time you received that status as a result of an asylum application in the USA.

In this way, you will be able to continue with the corresponding application process before the USCIS offices, meeting each of the requirements that apply to your case, according to the relationship you share with the relative you wish to bring to live with you in the United States, who will also receive an asylee status if the process is satisfactory.

Which family members can I ask for as an asylee in the USA?

According to the immigration law, as an asylee you can only have the opportunity to apply for two types of immediate family members to live in the country, receiving the asylee status you have previously received.

On this point, you may request for the following family members:

  • Spouse 
  • Child (unmarried and under the age of 21 at the time you first applied for asylum or refugee status) 

Each of these family members may be eligible to live in the United States under asylee status, as long as you as the applicant go through the proper procedure, by filing the appropriate form before the USCIS office, duly completed and signed with the requested information.

Eligibility criteria for asylee family petition in the U.S.

The immigration law also establishes a series of eligibility criteria for cases in which a U.S. asylum beneficiary wishes to petition for a family member to receive the same immigration status. If you and your family member meet each of these criteria, you can go through the process with no complications.

USCIS sets up the following eligibility criteria:

  • If you are the applicant, you must be a principal refugee or asylee. This indicates you were granted as refugee or asylee directly, not through a relative.
  • It has not been more than 2 years from the time you entered the country as a refugee or were granted asylum.
  • You are still a refugee or asylee, or are a permanent resident who has received a Green Card. If you have received naturalization as a U.S. citizen, you are not able to obtain derivative or asylee status for a relative. However, your family can still immigrate to the United States. Refer the Family of U.S. Citizens page to get detailed information.

The family bond had to exist before you arrived to the United States as a refugee or asylee.

  • When asking asylum status for your spouse, you have to demonstrate you were married before you were granted as a refugee or asylee. Refer to the Application Procedures: Getting Derivative Refugee or Asylum Status for your Spouse page to get more info.
  • For children, they had to be conceived (in other words, the mother was already pregnant) or born before you were granted as a refugee or asylee. Refer to the Application Procedures: Getting Derivative Refugee or Asylum Status for your Child page to get more info.

Do you meet each of these eligibility criteria? Then you have what you need to formally start your application. Remember that, as long as you have the support of a good asylum attorney, the process will be extremely simple and without any kind of inconveniences that could keep you away from the opportunity of having your relative close to you again.

How to start my family member’s application as an asylee in the USA?

Now that you have everything set up, the next step will be to formally file your petition by submitting the appropriate asylee and refugee family petition form, which is provided by the USCIS web platform.

This is the I-730 form, which you must fill out with the real and truthful information requested, including the data of the family member you want to apply to live in the United States. This form must then be submitted to one of the USCIS offices that applies to the location from which you are making the application.

Remember, if you are not familiar with the USCIS asylee relative application process, it is important that you have the support of an attorney. Don’t let a mistake on your application prevent you from being reunited with your loved one.

Schedule an appointment now with our asylum attorney. We will be happy to assist you, so that you and your family member can enjoy living in a country that respects your rights and freedoms.


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