How to Sponsor a Refugee Relative
To sponsor a relative to be resettled in the United States as a refugee, the Affidavit of Relationship, the I-730, or the Refugee Information Form (Iranians only) may be filed. To file these documents, contact the local refugee resettlement office near you.
Persons who misrepresent the facts or who knowingly assist someone to misrepresent the facts are committing fraud. They may be prosecuted under U.S. immigration law.
IMPORTANT: Refugees must never pay any money to access the U.S. Refugee Program.
The Affidavit of Relationship serves as evidence of the relationship between a refugee applicant overseas and an anchor relative in the U.S. The refugee must still establish persecution and must be out of their country of origin.
The AOR will determine the eligibility of a refugee to apply for the U.S. Refugee Program (USRP) according to the Worldwide Processing Priorities for designated nationalities under the family reunion priorities. These priorities are changed annually to meet the needs of refugees around the world. (For information on the current priorities, contact your local refugee resettlement office.)
Special instructions apply for family members of religious minorities from the Former Soviet Union (FSU): in addition to the AOR, the Preliminary Form (PQ) must be attached. The PQ form must be filled out by the applicants overseas for each member of the family, 14 years of age and above.
- Persons admitted to the U.S. as refugees under section 207 of the INA act,
- Those who were granted asylum under section 208 of the INA, and
- Former refugees or asylees who have adjusted status under section 209 of the INA and are now lawful permanent residents or U.S. citizens.
- Those from the FSU holding any permanent status including some parolees.
- Those with the following relationship to the refugees: parents, spouses, and unmarried children under 21. The FSU Program includes parents, spouses, children, siblings, grandparents and grandchildren.
- Those who are in the U.S. legally but temporarily (such as aliens admitted under Temporary Protected Status), immigrants, and non-immigrants (i.e., student visa, tourist visa) are not eligible to file an AOR.
- If your relative is not a member of a designated nationality, you may be able to pursue immigrant visa processing.
Your local Resettlement Office.
The AOR must be filed with the local resettlement office and notarized. The AOR will be forwarded to the national office for review for eligibility and completeness. The AOR is then sent to the Department of Homeland Security/ U.S. Citizenship and Immigration Services (DHS/USCIS) for clearance and further processing by the overseas posts.
The I-730 conveys derivative status on the spouse and/or unmarried minor child of a refugee or asylee who is in the United States. The beneficiary does not need to establish a claim to persecution. The beneficiary can be within his/her country of origin.
Any legal alien (asylee/refugee or permanent resident) who was admitted to the U.S. as a refugee or was granted asylum in the U.S. The petitioner must have been the principal applicant in his/her case.
- The spouse of the petitioner
- The unmarried son/daughter of the petitioner (under age 21)
- Relationship must have existed at the time of entry to the U.S. (or grant of asylum) and must continue to exist.
- Only a spouse and unmarried child (under age 21) can be considered a derivative of a refugee. They cannot file an I-730 once they arrive in the U.S.
- Other persons who are members of the same household before flight and in first asylum can be considered on a case – they are NOT derivatives. They must establish persecution. They are eligible to file I-730s once they arrive in the U.S.
- Petition must be filed within two years of entry as a refugee or grant of asylum.
- Child must be under 21 at the time of filing.
- The two year filing deadline can be waived for humanitarian reasons. A request to waive the two year deadline should be attached to the application stating the reason for the delay.
Age Out Provisions
- Patriot Act – Petition filed before Sept 11, 2001 – remain eligible for 45 days after 21st birthday.
- Child Status Protection Act – Petition filed on or after August 6, 2002 and child under 21 at time of filing – Remain eligible.
- Child Status Protection Act – Petition filed and approved prior to August 6, 2002, child under 21 at time of filing, turns 21 on or after August 6, 2002 – Remain eligible.
- Child Status Protection Act – Petition approved and child turns 21 prior to August 6, 2002 but case not yet travel ready as of August 6, 2002 – Remains eligible. (note-if travel ready before August 6, 2002 but did not pick up travel documents until after August 6, 2002 no longer eligible.
Proof of Asylee or Refugee Status such as:
- I-94 Card
- INS approval notice (I-797) granting asylum
- Form I-551 or Green card (both sides)
- Recent photograph
- Copy of the marriage certificate
- Copy of any divorce decrees, death certificates or annulment decrees for previous marriages
- Evidence of legal name change (if applicable)
Petitioner is Mother:
- Recent photo of child
- Child’s birth certificate showing names of mother & child
Petitioner is Father:
- Recent photo of child
- Child’s birth certificate showing names of both parents
- Marriage certificate of parents.
- If not married proof child was legitimated or evidence of parent/child relationship
- Copy of any divorce decrees, death certificates, or annulment decrees of any previous relationships
- Relationship must exist before the child’s 18th birthday.
- Recent photo of child.
- Copy of child’s birth certificate.
- Copy of marriage certificate between you and stepchild’s natural parent.
- Copy of any divorce decrees, death certificates, or annulments.
- Relationship must exist prior to the child’s 16th birthday. Child must be in custody of adoptive parents for at least 2 years.
- Recent photo of child.
- Certified copy of the adoption decree.
- Legal custody decree if custody obtained before adoption.
- Proof that child lived with you for at least 2 years.
Shows emotional/financial ties, genuine interest in support, instruction and general welfare. Examples:
- Money orders
- Canceled checks
- Income tax returns showing child as dependent
- Medical or insurance records including child
- School records
- Correspondence
- Notarized affidavits
If any of the required evidence is not available, secondary evidence can be submitted.
Examples:
- Statement from civil authority that documents are not available.
- Church records
- School records
- Census records
- Affidavits – sworn statements by two persons with personal knowledge. (Need name, address, date and place of birth, relationship to petitioner, full information of the event, details on how the person has knowledge of the event.)
- Spouse/child previously granted refugee/asylee status.
- Spouse not physically present at the marriage ceremony, marriage not consummated.
- Marriage for immigration benefit.
- Child over the age of 21 at time petition is filed.
- Child who has married.
- Stepchild if parents married after 18th birthday.
- Adopted child if adoption occurs after age 16, parents have not had custody for two years.
- Petition is filed with the Nebraska Service Center.
- Receipt notice with LIN number is issued with approximate adjudication timeline.
- Approval notice with LIN number is issued.
- Petition sent to National Visa Center, Portsmouth, NH.
- Petition is sent to American Embassy/Consulate with jurisdiction.
- Beneficiary is notified of appointment by Embassy (if refugee processing post, OPE will process.)
- Additional Evidence – Nebraska Center will send request for additional evidence with deadline.
- Denied Petition – Nebraska Center will send notice of denial.
- Petitioner can submit a Motion to Reopen (if new evidence surfaces or incorrect application of the law or USCIS policy is believed) to the director of the Nebraska Service Center.
- Relationship established – refugee follows same process as all refugee cases, asylee must pay for all medical exams and arrange transportation (no travel loans).
- No travel deadline.
- Denial – Consular officer sends intent to deny to USCIS district office. If USCIS agrees, letter of denial should be issued. No appeal, but Motion to Reopen can be filed with new evidence.
- If an emergency exists, attach a cover letter to the I-730 with “Expedited Processing Request” in large bold highlighted letters across the top of the letter. Include description of emergency.
- Write “Expedited Processing Request” on the outside of the mailing envelope.
- Express mail strongly recommended.
- If petition is already approved, contact your local resettlement office.
- Testing is voluntary.
- Only establishes blood relationships.
- All costs responsibility of anchor/beneficiary.
- Only specific tests acceptable.
- 99.5% probability or higher needed.
- Must be done by American Association of Blood Banks (AABB) www.aabb.org.
- Only IOM or USG panel physician is authorized.
Your local Resettlement Office
For more information: Please refer to the article
Immigrating the Spouse and Children of Refugees/Asylees at
http://www.usccb.org/mrs/articleindex.shtml. More information is also available from the
U.S. Citizenship and Immigration Services.
The Refugee Information Form serves as an application to sponsor an Iranian of a religious minority living in Iran. This form must be filed with your local resettlement office.
- Anyone living in the U.S. legally.
People of the Baha’i, Christian, Jewish, Madean and Zoroastrian faiths.
- Six months to a year, from the date found eligible.
- Processing will be handled by Hebrew Immigration Aid Society (HIAS) office in Vienna, Austria.
- For a Baha’i, the anchor must present his/her Baha’i identity card
- Proof of immigration status, if applicable.
- A written statement (short paragraph or two sentences) from the head of the family describing the reasons for wishing to apply for the program.
- Photocopy of each applicant’s 40-page passport
- Copy of Iranian identification card for each family member
- Copy of religious identification such as baptism certificate
All documentation should be accompanied with their English translation using the HIAS pre-approved translation form.
- The U.S. anchor must arrange to pay a care and maintenance fee for the eligible applicant. This money will be used by the applicant while living in Vienna (except for a $100 processing fee).
- The applicant needs to obtain a visa from the Austrian Embassy in Tehran, to be arranged for by HIAS.
- The applicant is responsible for making his/her own travel and housing arrangements in Vienna.
- The applicant is responsible for major medical care while in Vienna..
- Approved applicants will be admitted to the U.S. as refugees.
- Denied applicants must return to Iran within 10 days of notice.