Family of refugees & asylees have the opportunity to enter the country on behalf of a loved one. The right immigration attorney makes all the difference.

For refugees who have entered the United States within the past two years, there is the opportunity to petition for their family members to now enter the country as well. This is done by obtaining a derivative refugee status on behalf of the family member who wishes to enter the U.S. after a family member has already taken up refuge in the country. The same opportunity is provided to certain individuals who were granted asylee status within the past two years and would now like to obtain derivative asylee status for a family member.

Derivative refugee and asylee status are only made available to certain family members of a refugee or asylee who is already residing in the U.S. Petitions can only be made on behalf of a spouse or unmarried child who is currently under the age of 21. Additional eligibility requirements exist as well, as described below. If still have questions about any of the listed criteria that is displayed below, we encourage you to call Pozo Goldstein, LLP to speak with a New York immigration lawyer from our firm. We would be happy to answer additional questions that you might have, and even guide you through the legal process.

Eligibility Requirements

The petitioner must be the principal refugee or asylee

The petitioner must have been directly granted refugee or asylee status; obtaining it through a relative is not permissible

The petitioner must have entered the U.S. as a refugee no more than two years ago; OR the petitioner was granted asylum no more than two years ago

The petitioner has either become a legal permanent resident of the U.S. & has a green card, OR they remain in refugee or asylee status

The petitioner’s familial relationship for whom the petition is behind filed must have existed prior to when he or she entered the U.S. as a refugee or when he or she was granted asylum

Important Information for New York Petitioners

Before you began the petitioning process for derivative refugee or asylee status, it is important to first understand the requirements set forth for petitioners. In addition to the criteria described above, petitioners must also ensure that the following are true:

Petitioners who are filing for a spouse must be able to prove that they were married prior to the time at which the petitioner entered the U.S. as a refugee or was granted asylum.

Petitioners who are filing for a child must be able to prove that the child was conceived or born prior to the time at which the petitioner entered the U.S. as a refugee or was granted asylum.

To petition for derivative refugee or asylee status, the Form I-730, Refugee / Asylee Relative Petition must be completed. Filing this form is free, however, the instructions that are provided are not always sufficient enough to help petitioners navigate their way through the process. Given how much is on the line as a derivative application is petitioned, it is very necessary to ensure that the petition is completed and submitted according to every requirement expected of you.

Contact Pozo Goldstein, LLP

Working with an immigration attorney as you attempt to petition for derivative status of a spouse or child could make a dramatic difference in whether or not you are ultimately successful in your efforts. As such, we encourage all potential petitioners to align themselves with a lawyer at our firm for the help they might need as they proceed through the process.

Rather than risk making an accidental mistake on the petition form, or submitting an incomplete application, you can instead feel confident in the efforts you have taken on behalf of your beloved family member by working with a skillful member of our team.

At Pozo Goldstien, LLP, more than half a century of experience is combined among the former immigration prosecutors and former judge that make up our professional legal team. Accordingly, we have a familiarity with the law for which many other firms are still striving, and we feel confident in our ability to assist with all of your needs. Therefore, we suggest that you do not wait to contact a New York City immigration attorney from our office today.