Who Will Qualify as a Refugee/Asylee Relative?

Here are the requirements to qualify as a derivative asylee or refugee:

 

Unmarried Child

If you have a child and want him/her to come to the U.S. as a derivative refugee or asylee, then he/she must not be married. Even if you submit the form while the child is unmarried and they marry in the meantime, they won’t be able to come to the U.S.

Child Under 21

Your child should be under the age of 21 when you received the first asylum application if you want form I-730 to work for them. Also, if you applied with this form while the child was under 21 and now they reached the limit age, they might still qualify. At the same time, make sure that the child was listed on Form I-589 or I-590.

Adopted Children Age Limits

If you have adopted children, they must have been adopted before they turned 16 to qualify for this form. In order to qualify, your stepchild should have had an age below 18 on your marriage date.

Existent Relationship During the Asylum Grant Date

You need to make sure you already had a relationship with the relative when you were granted asylum or refugee status. Also, you must ensure that the relationship didn’t stop either. It must still exist when you fill out and submit form I-730.

Simply put, you and your spouse should have been married already on that date. As for a potential child, they should have been conceived or born when you received asylum.

The Relative Shouldn’t Have Persecuted Others

Another thing to make sure of is that your relative didn’t persecute others. Otherwise, they may not be able to qualify for derivative refugee or asylum status.