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Policy Manual
Contents
Updates
INA
8 CFR
Glossary
Feedback
 
 
Book outline for Policy Manual
  • Policy Manual
    • Search
    • Updates
    • Table of Contents
    • Volume 1 - General Policies and Procedures
    • Volume 2 - Nonimmigrants
    • Volume 3 - Humanitarian Protection and Parole
    • Volume 4 - Refugees and Asylees
      • Part A - Reserved
      • Part B - Reserved
      • Part C - Relative Petitions
        • Chapter 1 - Purpose and Background
        • Chapter 2 - Eligibility Requirements
        • Chapter 3 - Admissibility and Waiver Requirements
        • Chapter 4 - Documentation and Evidence
        • Chapter 5 - Adjudication
    • Volume 5 - Adoptions
    • Volume 6 - Immigrants
    • Volume 7 - Adjustment of Status
    • Volume 8 - Admissibility
    • Volume 9 - Waivers and Other Forms of Relief
    • Volume 10 - Employment Authorization
    • Volume 11 - Travel and Identity Documents
    • Volume 12 - Citizenship and Naturalization
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  2. Policy Manual
  3. Volume 4 - Refugees and Asylees
  4. Part C - Relative Petitions
  5. Chapter 1 - Purpose and Background

Chapter 1 - Purpose and Background

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  • Guidance
  • Resources (4)
  • Appendices (0)
  • Updates (5)

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)].

Resources

Legal Authorities

No legal authorities available at this time.

Forms

AR-11, Change of Address

G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

I-912, Request for Fee Waiver

Other Materials

How to Use the USCIS Policy Manual Website

Appendices

No appendices available at this time.

Updates

Technical Update - Removing Obsolete Alert Box and Other Updates

March 06, 2025

This technical update makes minor changes to the Policy Manual to remove an obsolete alert box and to conform with changes to the USCIS website.

Affected Sections

1 USCIS-PM A.1 - Chapter 1 - Purpose and Background

1 USCIS-PM A.8 - Chapter 8 - Conduct in USCIS Facilities

1 USCIS-PM A.9 - Chapter 9 - Feedback, Complaints, Misconduct, and Discrimination

4 USCIS-PM - Volume 4 - Refugees and Asylees

Technical Update - Replacing the Term "Noncitizen"

February 26, 2025

This technical update replaces all instances of the term “noncitizen” with “alien” or other appropriate terms throughout the Policy Manual where possible, as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”], and makes other technical and conforming changes.

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

10 USCIS-PM - Volume 10 - Employment Authorization

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

POLICY ALERT - Refugee and Asylee Relative Petitions

December 20, 2024

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the eligibility, filing, and adjudication requirements for the Refugee/Asylee Relative Petition (Form I-730).

Read More
Affected Sections

4 USCIS-PM C.1 - Chapter 1 - Purpose and Background

4 USCIS-PM C.2 - Chapter 2 - Eligibility Requirements

4 USCIS-PM C.3 - Chapter 3 - Admissibility and Waiver Requirements

4 USCIS-PM C.4 - Chapter 4 - Documentation and Evidence

4 USCIS-PM C.5 - Chapter 5 - Adjudication

Technical Update - Refugee Adjudications: Policies and Procedures

August 31, 2022

In accordance with Section 4(m) of Executive Order 14013 of February 4, 2021, Rebuilding and Enhancing Programs to Resettle Refugees and Planning for the Impact of Climate Change on Migration, 86 FR 8839 (Feb. 9, 2021), and considering necessary safeguards for program integrity, USCIS published several current policies and procedures related to the U.S. Refugee Admissions Program on the Refugee Adjudications: Policy and Procedures webpage. This technical update adds an alert box with a link to this webpage in the Policy Manual.

Affected Sections

4 USCIS-PM - Volume 4 - Refugees and Asylees

Technical Update - Moving the Adjudicator’s Field Manual Content into the USCIS Policy Manual

May 21, 2020

U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk between the AFM and the Policy Manual.

Affected Sections

1 USCIS-PM - Volume 1 - General Policies and Procedures

2 USCIS-PM - Volume 2 - Nonimmigrants

3 USCIS-PM - Volume 3 - Humanitarian Protection and Parole

4 USCIS-PM - Volume 4 - Refugees and Asylees

5 USCIS-PM - Volume 5 - Adoptions

6 USCIS-PM - Volume 6 - Immigrants

7 USCIS-PM - Volume 7 - Adjustment of Status

8 USCIS-PM - Volume 8 - Admissibility

9 USCIS-PM - Volume 9 - Waivers and Other Forms of Relief

11 USCIS-PM - Volume 11 - Travel and Identity Documents

12 USCIS-PM - Volume 12 - Citizenship and Naturalization

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