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Family Reunification

The ability to bring certain family members to live in the United States depends upon a number of factors, including the immigration status of the family member in the U.S., relationship to the family members overseas, ability to financially support family members, etc.  The chart below explains that there may be more than one way for a relative residing overseas to qualify for U.S. admission.

Ways to Immigrate Family Members to the U.S.

Affidavits of Relationship (AOR)                                                                                  

For information on Affidavits of Relationship (AORs), please click here.

Form I-730 Refugee/Asylee Relative Petition                                                         

 For whom can I file a Form I-730 petition?

• Spouse (if marriage existed as of the date of admission to the U.S. as a refugee or grant of asylum)

• Unmarried children who were under the age of 21 at the time you (the parent) applied for refugee/asylum status

• Children in utero (conceived but not yet born) at time of the parent’s date of admission to the U.S. as a refugee or date granted asylum for an asylee

 Who can file a Form I-730 petition?

• Only a refugee/asylee (or a lawful permanent resident who was formerly a refugee/asylee) who was granted such status in his/her own right as a principal applicant.

• Derivatives refugees and asylees (individuals who received status through a principal refugee/asylee applicant) may not file an I-730.

 Is there a time limitation to file a Form I-730 petition?

• A petitioner must file within the first 2 years after admission as a refugee to the U.S. or a grant of asylum.

 Are there any financial obligations or requirements for filing a Form I-730 petition?

• No, there is no income or financial support requirement, and there is no fee for filing a Form I-730 petition.

 Can I file both a Form I-730 petition and an AOR?

• Yes.

 Is there an advantage to filing the Form I-730 petition over filing an AOR?

• A spouse and/or child(ren) who are the beneficiary of an approved I-730 refugee/asylee petition are automatically eligible for admission to the U.S. as a refugee or asylee, following an interview verifying the identity, relationship, and admissibility by a US Embassy or consulate overseas.  By contrast, an AOR does not automatically qualify someone for U.S. admission.  An AOR only provides access to an interview with an USCIS Refugee Officer where an individual must establish past persecution or a well-founded fear of persecution based upon one of the five grounds (race, religion, nationality, political opinion, and/or membership in a particular social group) in their own right as a principal applicant.

Form I-130 Family-Based Immigrant Visa Petition                                             

For whom can I file a Form I-130 petition?

• Lawful Permanent Residents can file for:

• Spouses

• Unmarried children of any age
   

• U.S. Citizens can file for:

• Spouses

• Unmarried and married children of any age

• Parents

• Siblings

 Who can file a Form I-130 petition?

• Only lawful permanent residents and U.S. citizens

 Is there a time limitation to file a Form I-130 petition?

• No but it is better to file sooner because for many applicants there is a lengthy waiting period for visa availability.

 Are there any financial obligations or requirements with filing a Form I-130 petition?

• No financial documents are needed at time of filing but an individual must later file documents to prove s/he can financially support the family members on behalf of whom s/he filed petitions.  In addition, there are fees for filing the Form I-130 petition with USCIS, and fees for U.S. visa processing through the U.S. State Department.

Can I file both a Form I-130 petition and an AOR?

• Yes.

Is there any advantage to filing the Form I-130 petition over filing an AOR?

• Family members who are the beneficiaries of an approved Form I-130 Alien Relative Petition are eligible for admission to the U.S. as long as they are not found inadmissible.  By contrast, an AOR does not automatically qualify someone for U.S. admission.  An AOR only provides access to an interview with an USCIS Refugee Officer where an individual must establish past persecution or a well-founded fear of persecution based upon one of the five grounds (race, religion, nationality, political opinion, and/or membership in a particular social group) in their own right as a principal applicant.  However, there is no financial support requirement for family members who come to the U.S. through the U.S. Refugee Program as there is for those who come on the basis of Form I-130 (immigrant) petition.  Additionally, refugees are eligible for a wide range of government funded assistance programs, unlike immigrants who do not qualify for most forms of public assistance.

 What if I need help filing an AOR, Form I-730 (Refugee/Asylee Relative Petition), and/or Form I-130 (Family-Based Immigrant Visa Petition)?

• Call the International Rescue Committee at 619-641-7510 x250.