If you are the principal refugee or asylum status holder in the United states and granted this status in the last two years, you may petition for derivative refugee/asylum status for your spouse by filing Form I-730, Refugee/Asylee Relative Petition, on behalf of your spouse. Your spouse will be deriving this status from you after you were admitted to the U.S. as an approved refugee or received an approval of asylum, this is why this is considered “derivative” refugee or asylee status. This petition allows only two years for filling the status, but you may do it even after two years as USCIS may consider it due to humanitarian reasons. Learn how to get derivative asylum for your spouse in the US.
Spouse and/or unmarried dependent children under 21 years of age only can derive the refugee or asylee status from a principal refugee or asylum status holder in the United states and granted this status in the last two years.Source: U.S. Department of State
There are certain eligibility criteria that your spouse must meet for getting derivative refugee or asylum status. Your spouse is not required to have a persecution claim that would make them eligible automatically as an asylee or refugee. The spouse will derive that status through his or her relationship with the principal refugee or asylum status holder in the United states. The spouse may have different nationality than yours.
Your spouse must:
Application Procedures for Getting Derivative Refugee/Asylum Status for your Spouse
Your spouse can get derivative refugee or asylee status by:
You as the principal refugee or asylum status holder should include your spouse in your original application for refugee or asylee status. USCIS will be required to approve your spouse for derivative status as part of your case. But If your spouse is outside of the United States, he or she will be admitted to the United States together, or within four months of your admission; or
Join you later
This means you petition for your husband or wife within two years of you being admitted to the United States as a refugee or receiving your grant of asylum status.
This mentioned process is just for primary understanding of the procedures. It is good to read all details from the government’s portals.Source: U.S. Department of State
Documents required for filing form I-730:
Evidence of a family relationship:
You may be required to submit more documents. This list is just for primary understanding.Source: U.S. Department of State
No filing fee for refugee/asylee petitioners.
I-730 processing time can take up to 5 months.Source: U.S. Department of State