How to Get a Green Card: Derivative Refugee/Asylee Status for Your Spouse

Derivative Refugee/Asylee Status for Your Spouse

BY USCIS

If you were admitted to the United States as a principal refugee, or if you were granted asylum in the United States in the last two years, you can petition for your spouse to receive derivative refugee or asylee status by filing Form I730, Refugee/Asylee Relative Petition, on their behalf. This is considered “derivative” refugee or asylee status, since they will be deriving this status from you after you were admitted to the U.S. as a refugee or received a grant of asylum. This petition has a two-year filing deadline, but we may still accept your petition after two years for humanitarian reasons.

Eligibility Your spouse must meet the requirements for derivative refugee or asylee status. They are not required to have a persecution claim that would qualify them independently as an asylee or refugee; rather, they derive that status through their relationship to you. Your spouse does not have to be the same nationality as you. They may reside in their country of nationality or another country and will not be subject to the firm resettlement bar. Your spouse must: Meet the legal definition of “spouse;” •Have been married to you when you were admitted to the United States as a refugee or were granted asylum; •Continue to be married to you when you filed your Form I-730 and when they are admitted to the United States (if applicable); •Not be inadmissible under any of the grounds that apply to refugees and must not be barred as a persecutor, if they are seeking derivative refugee status; and •Not be subject to one of the mandatory asylum bars, including the persecutor bar, if they are seeking derivative asylum status. Your spouse can get derivative refugee or asylee status by: •Accompanying you, meaning you include them in your original application for refugee or asylee status. We will approve your spouse for derivative status as part of your case. If your spouse is living outside of the United States, they will be admitted to the United States at the same time you are, or within four months of your admission; or •Joining you later (called “following to join”), meaning you petition for your spouse within two years of you being admitted to the United States as a refugee or receiving your grant of asylum status. What happens after I file for my relative? After you file the I-730 petition, we will mail you a receipt, so you know we received it for processing. If your petition is incomplete, we may have to reject it, or ask you for more evidence or information, which will delay processing. Please send all required information the first time to avoid delay. If your relative is in the United States, we may require him or her to appear for an interview with an immigration officer. We will notify you when we make a decision regarding your case. If we approve your petition, and your relative is in the United States, we will send you an approval notice, notifying you that your relative has been granted derivative refugee or asylee status and what steps to take next. If we approve your petition and your relative is outside the United States, we will send you an approval notice and forward your petition to the U.S. Embassy or consulate nearest your relative. The U.S. Embassy or consulate will notify your relative when and where to appear, inviting him or her to apply for travel authorization to enter the United States.l