top of page
Search

Families Belong Together: “Follow to Join” Family Reunification for Refugee and Asylee Family Members Abroad

alexaaugustesq


If you were granted refugee or asylee status you can reunite with your family left behind. Refugees and asylees can request that their spouse and qualifying children join them in the United States through the Form I-730 “follow-to-join” Refugee/Asylee Petition process.

 

How can the “follow to join” family reunification process help my family?

 

A refugee or asylee files Form 1-730 with the United States Citizenship and Immigration Services (USCIS) to bring their spouse and qualifying children (unmarried and under 21-years-old) to the United States.

 

This family reunification process is frequently used to help family members of a refugee or asylee, who are living outside of the United States, come to safety. Those family members receive their visas at a U.S. embassy.

 

However, the family reunification process can also help asylees residing inside the United States with their qualifying family members who lack legal immigration status. Those family members can receive their legal documents from USCIS while remaining safely inside the United States.

 

Who is eligible?

 

Not all family members are eligible to come to the United States as a beneficiary. There are specific requirements that family members of refugees and asylees must meet for them to become a derivative refugee or asylee.

 

The family members that qualify must be:

 

-       A spouse of the refugee/asylee

-       An unmarried child of the refugee/asylee, under 21 years of age

 

Spouses

 

For refugees, the marriage must have occurred before the refugee arrived in the United States. For asylees, the marriage must have occurred before the asylee was granted asylum. The marriage must continue to exist at the time the application is filed and exist when the spouse arrives in the United States.

 

Children

 

A child or children of the refugee or asylee must be under 21 years of age and unmarried. No matter if the child is biological, adopted, a stepchild, or born outside of marriage— they may qualify. The child's age is "frozen" at the time the parent's asylum application or refugee petition was filed, in most cases.

 

Family members such as parents, siblings, uncles, aunts, nieces, nephews, grandparents, grandchildren, and cousins are not eligible. However, after a refugee or asylee becomes a U.S. citizen, he or she may file to bring additional family members such as a parent, sibling, or a fiancé(e) through a "family petition." Lawful permanent residents (LPRs) may also bring relatives under certain circumstances.


Do not wait! The application must be filed within two years after the refugee or asylee is granted their status with limited exceptions.

 

Is “follow to join” family reunification different for Afghans?

 

The family reunification process through I-730 for Afghan clients presents unique challenges. This may include issues with critical documents to show the family relationship (marriage certificates, birth certificates, national IDs/tazkiras, etc.). Many Afghans must travel to a third country to complete their consular processing in a country with a U.S. embassy. The family may also need assistance with expediting the processing of their case. However, these issues can be overcome with the assistance of a dedicated attorney familiar with handling Afghan cases and willing to give your case special attention.

 

Where do I start?

 

Completing Form I-730 for “follow to join” family reunification can be overwhelming, but you don't have to do it alone. At August Legal, our legal experts are ready to assist you in navigating this complex process. Let us guide your family safely to the United States where you can begin a new chapter of your lives—because families belong together! Contact us today for a consultation.

15 views0 comments

Recent Posts

See All

Comments


Maryland licensed attorney. External practice limited to federal immigration matters as permitted by law.

© 2022 by August Legal, LLC.

bottom of page