Chapter 1 - Purpose and Background

A. Purpose

Aliens admitted as refugees^[1] or granted asylee status^[2] may petition for a qualifying spouse or child to be granted derivative refugee or asylee status. USCIS is responsible for adjudicating these petitions.

There are different ways for refugees and asylees to bring qualifying family members to the United States. This Part only discusses the Refugee/Asylee Relative Petition (Form I-730) process.

B. Background

An alien admitted to the United States as a principal refugee^[3] or an alien who is a principal asylee^[4] in the United States, may file a Form I-730 to request that their qualifying spouse^[5] and unmarried children^[6] receive derivative refugee or asylee status.

If USCIS approves the Form I-730, a spouse or child beneficiary receives derivative refugee or derivative asylee status, depending on whether the petitioner received refugee or asylum status. The beneficiary of a Form I-730 filed by a refugee petitioner is referred to as a following-to-join refugee (FTJ-R), and the beneficiary of a Form I-730 filed by an asylee petitioner is referred to as a following-to-join asylee (FTJ-A).

The term following-to-join, in this context, refers to the process of the qualifying family member receiving refugee or asylum status after the petitioner, regardless of whether the qualifying family member resides in or outside the United States. A spouse or child who was not included as a derivative on the principal refugee’s Registration for Classification as Refugee (Form I-590), the principal asylee’s Application for Asylum and for Withholding of Removal (Form I-589), or the Record of Determination/Credible Fear Worksheet (Form I-870), and who did not accompany the petitioner, may receive following-to-join benefits.

For beneficiaries residing outside the United States for whom USCIS has approved the Form I-730 and who are approved to travel, U.S. Customs and Border Protection makes the decision whether to admit such beneficiaries in derivative refugee or asylee status at the port of entry.

C. Legal Authorities

• INA 207(c)(2) – Admission status of spouse or child (of refugees)
• INA 208(b)(3) – Treatment of spouse and children (of asylees)
• INA 101(a)(35) – Definition of wife, spouse, or husband
• INA 101(b)(1)(A); INA 101(b)(1)(B); INA 101(b)(1)(C); INA 101(b)(1)(D); and INA 101(b)(1)(E) – Definitions of child
• INA 101(b)(2) – Definition of parent, father, or mother
• 8 CFR 103.2 – Submission and adjudication of benefit requests
• 8 CFR 103.3 – Denials, appeals, and precedent decisions
• 8 CFR 103.5 – Reopening or reconsideration
• 8 CFR 207.7 – Derivatives of refugees
• 8 CFR 208.21 – Admission of the asylee’s spouse and children

Footnotes

[^ 1] See INA 207(c)(2). See 8 CFR 207.7.

[^ 2] See INA 208(b)(3). See 8 CFR 208.21.

[^ 3] See 8 CFR 207.7(d).

[^ 4] See 8 CFR 208.21(c) and 8 CFR 208.21(d).

[^ 5] See Chapter 2, Eligibility Requirements, Section D, Beneficiaries, Subsection 1, Spousal Beneficiaries [4 USCIS-PM C.2(D)(1)].

[^ 6] See Chapter 2, Eligibility Requirements, Section D, Beneficiaries, Subsection 2, Child Beneficiaries [4 USCIS-PM C.2(D)(2)].