If you hold a refugee or asylum status in the U.S, you can be able to petition to get lawful derivative refugee/asylum status for your children by filing Form I-730, Refugee/Asylee Relative Petition. The “derivative” refugee or asylee status will allow your children to derive this status from you after you were admitted to the U.S. as a refugee or acknowledged an approval of asylum. As the derivative refugee status for children is based on the asylum application of the parent, the derivative child refugee age out rules apply to the parent, and not the child.
The “derivative” refugee or asylee status has a two-year filing timeline, but USCIS may still accept your petition after two years for acceptable reasons only.
The derivative refugee or asylee status will allow children of a lawful refugee or asylee status holder to derive refugee or asylee status from USCIS.Source: U.S. Department of State
The child must be a dependent child, unmarried and under 21 years of age. The child must meet all the requirements under the meaning of child in the U.S immigration Law. You must read all details about your child including step child, adopted and legitimated children;
Application Procedures for Getting Derivative Refugee/Asylum Status for your Child
If your entry into the U.S. as a refugee was within the last 2 years or you were approved asylum status within the past 2 years, and are wishing for derivative refugee or asylum status for your child, your family relationship will determine the documents you must submit to USCIS.
For asylum or refugee cases, a child is defined as being unmarried and under 21 when you first filed your application for asylum or refugee status.
To petition for your child, you must:
Once USCIS receives your Form I-730, you will receive a:
Documents can vary depending on who is benefits on behalf of the child:
Application Process: Mother
If you are the mother applying for refugee or asylum status for your child, you must submit:
Application Process: Father
If you are the father applying for refugee or asylum benefits for your child, you must submit:
Application Process: Step-Parent
If you are the step parent applying for refugee or asylum benefits for your child, you must submit:
Application Process: Adoptive Parent
If you are the adopted parent applying for refugee or asylum benefits for your child, you must submit:
No filing fee for refugee/asylee petitioners.
I-730 processing time can take up to 5 months.Source: U.S. Department of State