Application Procedures: Getting Derivative Asylum Status for Your Child

Your Application Responsibilities

If you are a mother applying for asylum benefits for your child, you must file the following items with the U.S. Citizenship and Immigration Services:

• Form I-730 Refugee/Asylee Relative Petition (one for each child)
• Proof of your status as an asylee
• A recent, clear photograph of your child
• A copy of your child's birth certificate showing your name and the name of your child

 

If you are a father applying for asylum benefits for your child, you must file the following items with the U.S. Citizenship and Immigration Services:

• Form I-730 Refugee/Asylee Relative Petition (one for each child)
• Proof of your status as an asylee
• A recent, clear photograph of your child
• A copy of child's birth certificate showing the name of both parents
• A copy of the marriage certificate if you are or were married to your child's mother
• If your were never married to your child's mother, proof that the child was legitimated by civil authorities or evidence that a parent/child relationship exists or existed
• A copy of any divorce decrees, death certificates, or annulment decrees showing that any previous marriages entered into by you or your spouse ended legally.

 

If you are a stepparent applying for asylum benefits for your child, you must file the following items with the U.S. Citizenship and Immigration Services:

• Form I-730 Refugee/Asylee Relative Petition (one for each child)
• Proof of your status as an asylee
• A recent, clear photograph of your step-child
• A copy of your step-child's birth certificate
• A copy of the marriage certificate between you and your step-child's natural parent
• A copy of any divorce decrees, death certificates, or annulment decrees showing that any previous marriages entered into by you or your spouse ended legally

 

If you are an adoptive parent applying for asylum benefits for your child, you must file the following items with the U.S. Citizenship and Immigration Services:

• Form I-730 Refugee/Asylee Relative Petition (one for each child)
• Proof of your status as an asylee
• A recent, clear photograph of your adopted child
• A certified copy of the adoption decree
• The legal custody decree if you obtained custody of your child before adoption
• Proof that your child lived with you for at least two years

 

Your Child's Application Responsibilities

If your child is outside the borders of the United States, the child will be notified to go to their local U.S. consulate to complete the processing.

 

If your child is currently inside the borders of the United States, the USCIS will notify your child if the application is approved by sending you Form I-797, Notice of Action.

 

A child who receives derivative asylum status cannot file a Form I-730 petition on behalf of any other relatives.

 

You must file a Form I-730 petition for your child within two years of the date you were granted asylum status. However, this date may be extended for humanitarian purposes.

 

No appeal is available from a denial of a Form I-730 petition.

 

Please see Form I-730 for more specific information. Forms are available by calling 1(800) 870-3676, or by submitting a request through this system here. No fees are required to submit Form I-730. For more information, see 8 CFR §208.21 for rules published in the Federal Register which explain the eligibility requirements and procedures for filing an I-730 petition.