Winning asylum is becoming harder, but it still happens. One of the great benefits of receiving asylum in the United States is that you can file for certain family members to either come to the United States or–if they are already here but do not have status–obtain their lawful status in our country. The process of filing for a family member can be complicated, but a new resource can help: The I-730 Refugee/Asylee Family Reunification Practice Manual.
The first thing to know about this manual is that it is designed for attorneys and accredited representatives; it is not designed for lay people. In other words, it’s not really designed to assist asylees and refugees themselves. It’s important to understand this, as the manual does include some legal jargon and lots of legal references, which are more easily understood by people with legal training. However, overall, the manual is clear and well-written, and it might also be of use to people who are not represented by attorneys (I fear that the authors might cringe if they read this, but these days, low cost legal help is not easy to find, and for those who cannot secure assistance, the manual could be a real life-saver).
The second thing to know about this manual is that it is terrific. It covers all the basics, and provides ideas to assist in many problematic situations. It also doesn’t hurt that it is available for free. So kudos to authors Rebecca R. Schaeffer and Katherine Reynolds, and to the organizations who helped make the manual possible: CLINIC, Church World Service, Elon University, and UNHCR.
In this post, I obviously cannot cover or even summarize the material contained in the family reunification manual. Instead, I want to give an overview of the I-730 process for asylees (as opposed to refugees) and to talk about what to expect when you file an I-730 Asylee Relative Petition for a family member.
First, only spouses and children can benefit from an I-730 petition. For spouses, the marriage must have existed prior to the approval of the asylum application. Also, there are certain restrictions about who is considered a spouse: Proxy marriages and polygamous marriages generally do not count. Children generally include biological children, step-children, adopted children, children born out of wedlock, and even unborn children. The child must have been under 21 at the time the principal’s I-589 was filed. Also, the child must remain unmarried until the I-730 is approved and the child/beneficiary is in the United States. There are exceptions to all these rules–and exceptions to some of the exceptions. The manual covers a number of different situations, but if you are not sure, talk to a lawyer. Aside from spouses and children, no other relatives can benefit from an I-730.
The I-730 cannot be filed until asylum is granted, and it must be filed within two years of the date asylum is approved (again, there are exceptions). A separate I-730 must be filed for each family member.
When we file an I-730 for one of our asylee clients, we generally include proof of asylum status (copy of the approval letter or Immigration Judge’s order), proof of identity (copy of passport or other identity document), evidence of the relationship (copy of marriage certificate or birth certificate), evidence of the beneficiary’s identity (copy of passport), and two passport-style photos of the beneficiary. Depending on the case, evidentiary requirements vary, so talk to a lawyer to be sure.
Beneficiaries who are inside the U.S. will receive an interview at their local USCIS office and, if approved, they will receive asylum status. It is possible to file for a family member who is in the United States even if the person entered the country illegally or overstayed a visa, or if the person has criminal or immigration issues, including people with a final order of removal. However, such cases are complicated, and starting the I-730 process for such a person could cause more harm than good. So if a potential I-730 beneficiary has criminal or immigration issues, it is important to consult with a lawyer before you start the I-730 process.
Where the beneficiary is overseas, USCIS will forward the I-730 (via the National Visa Center) to the appropriate embassy. The embassy will contact the beneficiary about a medical exam and other required evidence (which varies from embassy to embassy), and to schedule an interview. If the case is approved, the beneficiary will receive a travel packet, which acts like a visa and allows her to come to the United States as long as the “visa” is valid. Upon arrival, the person will undergo another inspection at the airport, and–if all goes well–enter the U.S. as an asylee.
As the manual points out, the processing time for an I-730 is not predictable. Most cases where the beneficiary is inside the U.S. take at least a year. Cases where the beneficiary is overseas take longer–a two year wait is not uncommon. In my office, we have seen cases go more quickly, but that is not the norm, especially these days. For cases outside the normal processing time, it is possible to make an inquiry. Pages 57 to 60 of the manual give some helpful advice on that score.
A few final points: For the interview, adult beneficiaries should have some awareness of the principal’s asylum case. Beneficiaries are often not questioned about the principal’s case, but if they are, it is better to know the basics (and if you do not know the answer, don’t guess; say “I don’t know“). Also, any documents not in English that are submitted with the I-730 should include certified English translations. Original documents are generally expected at the interview, so try to make sure the beneficiary has those. Lastly, remember that if a principal asylee becomes a U.S. citizen, or if the relationship ends through death or divorce, and the dependent is still an asylee (as opposed to a lawful permanent resident), the dependent will lose his status (and have to apply for nunc pro tunc asylum). For this reason, it is best for dependents to apply for residency as soon as they are eligible.
So I guess that is a wrap for 2019. I wanted to end on a positive note–and there is nothing more positive in asylum-land than family reunification. I wish you all a Happy New Year, and I hope to see you in the 2020’s.
Hi Jason, I am planning to submit I-730 for my wife and kids. After completing a separate I-730 form for each one of them, can I put everything in one envelope and mail it to USCIS?
Thanks,
I put all the cases for a family in one envelope, but each application should be a complete packet and should be bound with a clip or rubber band. You can have one cover letter for all the cases just indicating that the cases are all for the same family. Take care, Jason
Good morning,
What are the benefits for someone for whom the I-730 form has been completed, who lives in the USA, but who is not yet approved. Does he have the right to work while waiting for his approval? Can he take out health insurance?
THANKS
J.D.
There are really no benefits, except that such a person would not normally be deported (unless he is a criminal or national security threat). The person cannot work legally based on the pending I-730 (which is dumb, since the I-730 can take 2 years or longer). The person would need to find some other way to work – maybe file for asylum affirmatively to eventually get a work permit, if the person has some fear of return. Working without permission would not normally block the person from getting dependent asylum status. In terms of health insurance, I do not know, but you can check with different companies and maybe one is able to insure him. Take care, Jason
Thank you Jason for your prompt response. This is a point that the papers and blogs that discuss Form I-730 do not address. However, it is very important for people to know that if they embark on an immigration process in USA, how they will survive if it takes time.
Jean Denis
And unfortunately, there is no easy answer. Basically, if you can add the dependent to the asylum case before or at the interview, that is better. If not, there is a long wait with no work permit for an I-730 beneficiary who is in the US. Most such people could probably file a legitimate asylum case so they could get a work permit while they wait for the I-730, but that could be risky depending on the person’s situation. Take care, Jason
Hi Jason
Thank you for your service. God bless you!
I was filing I 730 for my family but USCIS has send me back saying “please submit a complete(10-12)pages and date stamped copy of your application for asylum and withholding of removal(form I 589) that you previously summitted to the immigration court during your asylum proceedings. A copy of your I-589 that was filed during your immigration proceedings and that was date stamped by the immigration court was not found in your file.”
So what can I do to solve this problem.
Thank you
It sounds like you need to correct the I-730 and send it again. It also sounds like they need a copy of the form I-589 that you previously filed. If you have a copy of the form I-589 from court and it has a stamp from the court or if you have a receipt for biometrics, maybe that would work. If the case is an “ECAS” case, meaning it is available online to lawyers, your lawyer (if you have one) can get a copy easily. If not, you might try calling the Immigration Court to ask whether they can assist you – you can find their phone number if you follow the link under Resources called Immigration Court. If all else fails, you can request a copy of your file – follow the link under Resources called FOIA EOIR, but that will probably take a few months. Take care, Jason
Hi,
Can an I-730 beneficiary, who stays in the USA, work while waiting for approval? Can he take out health insurance?
The person cannot work legally based on the pending I-730 (which is dumb, since the I-730 can take 2 years or longer). The person would need to find some other way to work – maybe file for asylum affirmatively to eventually get a work permit, if the person has some fear of return. Working without permission would not normally block the person from getting dependent asylum status. In terms of health insurance, I do not know, but you can check with different companies and maybe one is able to insure him. Take care, Jason
Hi how are you The US Embassy in Islamabad, Pakistan does not currently process 1-730 applications.
Maybe, but I thought it did. We processed one there in the last year or so, but maybe things have changed. Take care, Jason
Hi how are you me ceas sand you embessy Oman i730 ho lang watang for interview
Hi Jason, Our I-730 was approved last year and then it was transferred to NVC. Last update is we got a letter from NVC saying our case is ready for interview and they’ll schedule a interview and let us know. It’s been 3 months after that. I’ve checked the ceac site and it’s showing ready as well. We’re from Bangladesh and I believe in Bangladesh there are not so many follow-to-join asylee cases so can you please give a guess how long do we have to wait more? I know often they don’t give any numbers on the waiting period but I was wondering if you give a lowest to highest range based on the historical data you know of and your experience.
Thank you for all the help and this platform.
I do not know the time frame, sorry. Different countries take different amounts of time, and we have seen them take over a year in some cases (and sometimes, well over a year). You might try Googling the US embassy in Bangladesh and sending them an email. You could also inquire with the NVC – there is an online form here: https://travel.state.gov/content/travel/en/us-visas/immigrate/national-visa-center/nvc-contact-information.html. Finally, sometimes the Congress person’s office can help with such a case, and there is a link under Resources to House of Representatives and Senate. Maybe you want to reach out to one of them. Take care, Jason
I have another question. Will the schedule interview directly by sending a mail? Or they’ll ask us to schedule a date by sending a mail? Do we need to submit DS-260 or any other documents first before going to the interview? I mean can you please share the expected next steps?
Thank you again
They should contact you by email. They will tell you what is needed, or you can check the link under Resources called I-730 Family Reunification Manual, but basically your family members need original documents, such as passport, marriage certificate, birth certificate, passport-style photos, and medical exam. But they will send you a document (by email, I think) indicating everything that is needed. Take care, Jason
my family petition (I-730) got approved by uscis and was forwarded to NVC for further processing. How long does it take and is NVC process different from other immigrant visa i.e. I-130 if yes then how ? Can anyone share their experience or provide information. Thank you
It sounds like you are waiting for the I-730 consular processing part for your husband? Unfortunately, it is not fast, and the case will need to be processed in a third country (usually Pakistan). We have seen such cases take a year or more after the I-730 is approved. You might reach out to your Congress person, as they sometimes seem to help with this process – you can find links under Resources for House of Representatives and for Senate, and if you contact those offices, they should have someone who assists with immigration cases. Good luck, Jason
Hi how are you The US Embassy in Islamabad, Pakistan does not currently process 1-730 applications.
Thank you Sir for your service.
I had a son whom I got before the marriage I got now. Just I had not had legal marriage with his mother. So how can fill up I 730? Is there I would do special for him?
Thank you
If he was under 21 years old when you filed for asylum and he remains unmarried (and he was listed as your child on the asylum application, I-589), you can file for him. This is the same as any other dependent – you need a copy of the birth certificate and maybe other evidence that he is your child, but otherwise, just file the I-730 normally. Take care, Jason
Hi sir
Please sir my husband won asylum and filed for me and our son since 31/10/2019 and USCIS approved our case on 07/25/2022 and said it was transferred to the NVC , But when we sent an inquiry to the NVC, they said , they have not received our documents from USCIS and on the 03/15/2023, USCIS change my status from case was approved to my case was “transferred and another office has Jurisdiction over my case “reasons being to speed up with the process but our son’s status still remains as case was approved, so please l don’t know why a case was approved, sent to the NVC and later sent again to USCIS to speed up with the process, please Mr Jason help and explain what we can do next, Thanks so much
Hi sir
Please sir my husband won asylum and filed for me and our son since 31/10/2019 and USCIS approved our case on 07/25/2022 and said it was transferred to the NVC , But when we sent an inquiry to the NVC, they said , they have not received our documents from NVC and on the 03/15/2023, USCIS change my status from case was approved to my case was transferred and another office has Jurisdiction over my case reasons being to speed up with the process but our son’s status still remains as case was approved, so please l don’t know why a case was approved, sent to the NVC and later sent again to USCIS to speed up with the process, please Mr Jason help and explain what we can do next, Thanks so much
I do not know either. It sounds like you inquired through the NVC website, and maybe you want to try that again. You can also contact USCIS at 800-375-5283 or through USCIS Help (a link is under Resources). You can also reach out to the USCIS Ombudsman, which sometimes helps with delayed cases (there is also a link under Resources). This also might be a situation where you want to contact your Congress person to ask for help, as those offices can sometimes be useful. Unfortunately, like everything else in the asylum process, the I-730 piece is also a disaster, and so following up in multiple ways may be the best approach. Good luck, Jason
My Iraqi friend filed an 1-730 for her husband and 3 step children in June 2017. They are still being processed. Last time we heard movement was in 2019. Meanwhile she is here in USA with 5 kids that desperately need a Father present. We have filed a status of case at least a dozen times. We even had our local Congressman file on our behalf. How can I help this family? They have no money. I see other refugee’s families coming and we are wondering why we have not heard anything. This is WAY OUTSIDE of case time processing. They are from Iraq and family has been waiting in Turkey since 2016. Any guidance is appreciated.
I-730 cases are moving very slowly, but this is particularly slow. There is a link under Resources called I-730 Family Reunification Manual. You might take a look at that, as it has some ideas for dealing with delay. Otherwise, aside from the Congressperson, you can try to the USCIS Ombudsman (a link is also under Resources), as they sometimes help with delayed cases, assuming the I-730 is still pending (this will not help if the delay is at the NVC or the embassy). If the I-730 is still pending, maybe a mandamus case would work – you would have to talk to a lawyer about that. I did a post on September 22, 2016 with links to pro bono attorneys by state, and maybe that would be a starting point to find a free lawyer to help. Good luck, Jason
Hi Jason,
My asylum was granted in Nov 2022. Right after, we applied for my wife (we got married before my asylum was granted and she is here in the US with me). We got an interview notice for next month and we have few questions for you. Question 1: when we go for the interview, what would they most likely ask? Question 2: will they grant her application right away or sometimes they send it by mail?
Question 3: Let’s assume they will grant her application right away, how long after we can apply for her employment authorization and social?
Thank you! Have a great week 🙂
Best,
GS
I think this is an I-73 interview? If so, I tried to answer: 1 – Normally, they would just ask basic questions about the marriage, biographic questions, and the bar questions (are you a criminal or terrorist?). They normally do not ask about the principal’s asylum case, but I guess they could. So she should review that case, but if she does not know about it, she can explain that she does not know. 2 – I think they send it by mail, and I do not know about the time frame. She can ask about that at the end of the interview, though the officer may not know either. 3 – USCIS should send that automatically, but if not, she can apply for it as soon as the I-730 is approved. Take care, Jason
dear Jason 2019 is still mine I 730 the letter USCIS It has been accepted so far processing It’s still happening. How is it happening? Can you please explain to me how to do it quickly? I’m looking forward to hearing from you. thanks
I do not understand the question, sorry. If you are trying to expedite an I-730, you can call USCIS at 800-375-5283 and try to reach a person to ask about that. I wrote about expediting with USCIS in general on January 29, 2020. Take care, Jason
Hi I am an Asylee now PR been following you for 5 years my children joined me in the USA after filling for them they came 2 months ago and we haven’t received SSN or work permit though we filled i765 forms in the consulate.do you know what is the problem? Or what I can do ?Thank you
My guess is that this is a normal delay, but you can call USCIS to inquire (800-375-5283), though it is not easy to reach a person. Also, you can inquire online – there is a link under Resources called USCIS Help. Take care, Jason
Hello Jason,
I am a granted asylee and sent I-730 form for my wife and children to the USCIS five months ago. Is it possible to get a visa and come to the United States if my family will try to apply student visa before approved I-730 application?
Thank you
They can try, but it is unlikely to work. To get a student visa, you basically have to promise to leave at the end of your studies. If an I-730 petition is pending for you, that is evidence that you intend to stay permanently. Since the embassy will know this, they are not likely to issue a visa that requires you to depart at the end of your studies. Anyway, it is not a legal bar to getting the visa, but it just makes it much less likely to work. Your family can try to get the visa and see what happens. Also, some visas are not effected by this – such as the H1b and L visas, so if they qualify for such a visa, that should be easier to obtain. Take care, Jason
Hi Jason,
I’m I-730 visa beneficiary, I entered to the USA by visit visa following my family ( Principle ), due to the family circumstances I decided to stay to take care of my children, I requested to change my venue to the USA in leu of my residency country, unfortunately my document has been sent to the USA embassy, I emailed the embassy requesting to return my document back to the USA, I missed the interview in May 2022.
I came to know my documents has returned to USCIS, please advise the next step and the chances to get my case granted and the expected time (since I unable to get a job and all my saving almost gone).
Thank you
There is a link under Resources called USCIS Help. You might try submitting an online inquiry. You can also call USCIS at 800-375-5283 and see if you can reach a person to help. There is another link under Resources called I-730 Family Reunification Manual. It is possible this will have advice about changing a case from the embassy to the US. Take care, Jason
Dear Jason,
Good morning! My son 11 yr old and my spouse came to United States after their I-730 approval in December 2021. I am trying to apply for their adjustment of status this December 2022. We have submitted their Medical examination with their I-730 . Do we still need to redo their medical examination to file their adjustment of status.
Thank you so very much for your help!
I don’t remember, but these days, we never submit the medical exam when we file the I-485, as there are often delays and sometimes the medical exam expires (this really should not happen if it was submitted timely, but it had happened in the past and I got into the habit of not sending the medical with the I-485). If USCIS needs a new medical exam, they will ask for it. Take care, Jason
Dear Jason,
Thank you so very much for your reply. I have submitted my medical examination with my I-485 application since I have adjusted my status from Asylee to PR. But family already submitted when they came here as an Asylee relative. So I am wondering weather they need to redo their medical examination ?
Thank you for your help!
I am not sure – but they can file the I-485 without the medical exam. If USCIS needs it, they will request it. It is not a problem to do the case that way – we do it all the time. Take care, Jason
Hi Jason,
I was applying I-730 to my son, my question is we are originally from Ethiopia and back home we do not have a family name and after we got here i gave him my first name as his last name.
So on his Ethiopian passport his surname/last name is my middle name but on the rest of the documents (school record, medical record and on my tax return) shows my first name as his last name. Do you think this could be a problem? do i have to send a note explaining this with the form ?.
my name: Daniel Belay Alem (Belay last name)
His name on Ethiopian passport: Ezra Alem Daniel
His name on other documents after getting to US : Ezra Daniel Alem (Dainiel his last name & my first name)
Hi Jason,
I was applying I-730 to my son, my question is we are originally from Ethiopia and back home we do not have a family name and after we got here i gave him my first name as his last name.
So on his Ethiopian passport his surname/last name is my middle name but on the rest of the documents (school record, medical record and on my tax return) shows my first name as his last name. Do you think this could be a problem? do i have to send a note explaining this with the form ?.
my name: Daniel Belay Alem (Belay last name)
His name on Ethiopian passport: Ezra Alem Daniel
His name on other documents after getting to US : Ezra Daniel Alem (Dainiel his last name & my first name)
I think it would be wise to explain this with copies of relevant documents. Many forms have a place for alternative names. We generally use the name on the passport as the person’s name for purposes of immigration forms (but you do not necessarily need to do this). Given that there are different iterations of the name, it would be good to provide documentation and an explanation. Take care, Jason
Hello Jason, I am an asylee and wanted to send I-730 form to my wife and 10 years old son. Do I have to fill a separate I-730 form for each? and send a separate application for my spouse and son?
Thank you!!!
Kall
Correct – for each person, you need a complete I-730 form and all supporting evidence. You can send the two packets together in one envelope, maybe with a cover letter indicating they are your wife and son. Take care Jason
Hi Jason,
My asylum case is granted and my wife also has a separate asylum application but it is still pending. Now
I wanted to send i-730 for her and my little girl. My question is do I really need a lawyer to do this ? I used to apply for our work permit by my self for the last 6 years.
The form I-730 is not too bad and you should be able to do it yourself. If it seems difficult, talk to a lawyer. I do recommend that she keep her asylum case pending until the I-730 is approved, as it is not possible to get a work permit based on the pending I-730 (which probably takes almost 2 years). If she closes the asylum case, she loses her work permit. Take care, Jason
Hello Jason,
Thank you for helping us to find the right answer.
Here is my question
– My wife had i730 approved this month. And now im applying for i-485 (its been over 1 year since my asylum granted) Can i include her on my i-485 or she has to wait for a year before she can apply for a green card?
She is in the US and holds H1B status and never overstayed her VISA.
The I-485 is only for you. Once she has had asylum status for one year (and been physically present in the US for one year), she should be eligible to file for her own GC. Take care, Jason
Helo sir I applied my i730 2019/3 my time is complete now schedule is april but I don’t receive any approval letter what is the reason? What did i do
Sometimes, these cases move slowly. One thing to try is to contact the USCIS Ombudsman (a link is under Resources). They sometimes help with delayed cases. Take care, Jason
Hi Jason,
Once Again thanks for your support to the asylum community.
My i-730 petitioning is approved and sent to NVC in FEB,2021. I called NVC and received the case number & invoice number for ceac website. however, when I try to log in I’m getting the message below.
“Please be advised that the case that you have attempted to access is not eligible for further processing by the National Visa Center at this time. Please contact the National Visa Center if you believe that you have received this message in error.”
DO you know why I am getting this? NVC has not sent me any letter yet.
I don’t know, but you can make an inquiry with the NVC here: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html. I have had some interaction with them recently, and it has not been very helpful, but that is the best way I know to communicate with them. Take care, Jason
HI JASON
Please i want to know after I 730 approved, i received a notice that the case was transfer to NVC,
after how long i will receive a notice from NVC and to get interview for my family
It used to be faster, but these days, it seems to take a few months. Take care, Jason
Hello sir i have 2 questions my asyum has approved after 2 years now i field my i730 petition if I apply my green card Will my category not change? and what is the fee of asylee for green card have any fee for asylee green card or not ? Thankyou sir
An I-730 must be filed within 2 years of being granted asylum. Applying for a GC does not affect that. The normal fee for a green card is $1225, but it may be less for a child who files at the same time as a parent. Check form I-485 available at http://www.uscis.gov to be sure. Take care, Jason
I applied i-730 20 months ago but they are not answering me and schedule is going back every month what is that bro.
The I-730 process is a disaster these days (even worse of a disaster than most other applications). Also, it is becoming even more difficult to reach a human being there. In your case, you can ask for case assistance from the USCIS Ombudsman – a link is at right and they sometimes help with delayed cases. Also, it is free and pretty easy, so it is worth a try. Take care, Jason
Hi, I applied form I-730 for my husband and 2 daughters separately in on enevelop now they approved my husband’s petition and no news about my daughters approval yet. Is this normal?and will they send all three forms separately to nvc?
It is common for cases filed together to get approved at different times. As long as you have receipts for your children’s cases you should be fine. If there is no news after maybe a month or two, you might try calling USCIS (800-375-5283), but I would give them a bit more time. Take care, Jason
hi Jason
I have an interview in 2 weeks of the 1730 petition in SF. I am the derivative my husband is asylee granted
SO MY QUESTION IS
1 I came here to the USA on a c1/d visa with (crewman landing permit ) D-2 in 2014. I put my asylum
application in 2015 and because of my entry asylum office does not have jurisdiction over the case so they
referred me to immigration court. does my entry gonna effect granting derivative asylum? they usually give
decison on the same day?
2 also I have an individual hearing coming next month. should i do my individual hearing instead of i730 interview?
thanks in advance
1 – Oh boy. The rules for crewmembers are different than for most other people, and I am not sure. Normally, the I-730 is as powerful as asylum, and I would guess that they could grant you derivative status, even if you entered with that visa. However, I am not sure. You may want to hire a lawyer to research that for you. Also, the fact that you are in court may be an issue. Even if they approve the I-730, I think you will need to take that to the judge to get the case dismissed. Alternatively, maybe they can approve the I-730 and then you give that to the judge (who has jurisdiction over you) and the judge grants your derivative status. I am really not sure about that one. 2 – Hopefully, you have a lawyer for your individual hearing and maybe this person can research the question for you. If the I-730 is approved, you can probably bring that to the judge and avoid your hearing, but again, I am not sure, and the safer approach would be to prepare for the hearing. Aside from the fact that you are a crewmember, a person with an approved I-730 would normally not need to do the individual hearing, but in your case, I am not sure. Let us know what happens, as that might help others. Take care, Jason
hi Jason
can I please hire you to research on that particular matter ( c1d visa ) is eligible or not to adjust as a derivate asylee. ,, please please please help me, Jason. I am running out of time
Sorry, we just don’t have the capacity to take a matter with a short deadline like that, as I have a number of trials and interviews to prepare for in the coming days and can’t take that on. In any event, since the case is in court, you would be much better off to have an attorney who can attend the court hearing with you. You might look at http://www.aila.org to find lawyers – that is a good starting place. Good luck, Jason
Hello Jason,
I had two questions:
1. My husband, who was granted asylum last year, filed my application in January 2019. We only received two biometric appointments for me and nothing else (no interview). So total waiting time has been over 17 months now. Is this unusual? What should we do?
2. You mentioned in your blog that spouses who overstayed their visa will have complications. When does USCIS allow one to explain the overstay? During the interview or should we file an additional brief on why the visa overstay happened?
Thank you, Sir!
1 – I assume you are referring to the I-730, and it sounds like you are inside the US. If so, my guess is that this is within the normal wait time, but you can check processing times at http://www.uscis.gov. If the case is delayed, you can call USCIS at 800-375-5283 to ask them to process the case. Also, you can contact the USCIS Ombudsman – a link is at right. They sometimes help with a delayed case. 2 – For an I-730, there should not be an issue if the only problem is a visa overstay. If you have other problems, like a deportation order, you should talk to a lawyer. Take care, Jason
Thank you, Jason, for your clear advice and guidance. Hope you are staying well and safe!
Dear Jason,
Hope you are doing well and Safe! I filed I-730 for my child and spouse who is back in India and I have received a USCIS Receipt Number and notice saying that the National Visa Center (NVC) has completed preliminary processing of the above petition, and is transferring
the petition to a U.S. Citizenship and Immigration Services (USCIS) international field office in NEW DELHI.
When I check the status on 13th April, it says it is ready for interview. Unfortunately, COVID 19 changed everything, and they haven’t received interview call letter yet.
Does VISA ban until Dec.31 by US GVT. apply to my child and spouse since their application is already processed and ready for interview.
It is very painful for my child and myself didn’t see each other for 6years.
Thank you for your help!
Kindest regards
Banu
This is very difficult, especially after so long. We have heard (in some announcement on one of our list serves) that the State Department is going to start opening embassies for visa processing, but they will be short staffed. So we do not know how long the delays will be or when things will open, but it should be relatively soon. You might reach out to the embassy by email to ask. Also, the manual mentioned in the article above has some ideas about what to do when a case is delayed – this was written before the pandemic, but the ideas might still get you started. Good luck, Jason
Hello Jason ,
Indeed this was really very helpful , is I 730 the only form that has to be filled in order to get my wife and two kids from abroad ? My kids are 5 and 11 do i have to fill separate I 730 for each ( wife and the two kids)?
Thanking in advance
You need to file a form for each person + all supporting documents. For families, we create a complete package for each person and mail them all together in the same envelope with a cover letter explaining that this is one family. The I-730 is the only form for now. Once they reach the consulate stage, there is more paperwork, which is described in the I-730 manual and which the US government will send you info about when the time comes. Take care, Jason
Dear Jason,
Thank you so very much for all your support! I have submitted I-730 for my child and spouse and requested an expedited processing through Senator. Today I have received an email from senators office that, I just spoke with USCIS about the expedited processing for the I-730s. They have reviewed them and are sending them to the local office to interview you.
I filed I-730 for my Child and Spouse and they are in India. I assume they will interview them in India at US embassy or consulate. Do I have to appear for an interview at CIS office.
Thank you so very much for all your help!
Sincerely yours
Banu
Normally, you (the principal applicant) would not be interviewed for your family’s I-730 petitions. I guess that is possible, but I have not seen that. Hopefully, they mean that they are forwarding the cases to the embassy. Since the response was to your Senator, maybe you should try to talk to your contact there and ask them to clarify what the message means, since your family is overseas. Take care, Jason
Dear Jason,
I have received below email from Senator office.
“They will eventually appear in India, but they have to interview you first. This is a relatively new procedure for I-730s, but yes, you will need to be interviewed”
I am very stressed. I had send my original Marriage Certificate and my child Birthcertificate to India since it is required for child and my spouse interview. Do have to bring them for interview. I have copies with me. Did I-730 procedure changed recently?
I am very confused, Is anyone like me, I mean Principle Asylee applied I-730 for child and spouse in overseas asked to appear for an interview at local USCIS. Please advice?
Thank you a million!
Banu
I have not seen this yet, so I do not know. If you do not yet have the interview notice, you should probably not have them return original documents to you yet. Normally, you get an interview notice a few weeks before the interview itself, and the notice should indicate what documents are needed. If USCIS needs to see originals, you should have time for your family to send them back to you. The idea that you need to be interviewed (again, since you were already interviewed for asylum) seems ridiculous, but I guess it is not too surprising given how harshly the government is treating all immigrants. Also, you may want to talk to a lawyer to help you prepare for the interview, as that could be helpful. Take care, Jason
Helo sir. Sir whats happing with i 730 schedule its going back every month. Yesterday i have seen the schedule was February 2 now schedule is going back.. to January
I do not know, but the Trump Administration has tried to punish many asylum seekers, so maybe they are shifting resources away from I-730 cases to work on something else. Hopefully, things will start moving more steadily for such cases. Take care, Jason
Hi Jason,
My mother was approved for asylum in the US. She filed her i-589 only 7 days AFTER her daughter became 21. Is there ANY chance my mother still can file i-730 for her?
Thank you! !
I do not think so. Maybe talk to a lawyer to look into it. Maybe if she mailed the application while her daughter was under 21? But I think the line is pretty clear, and so I do not think it will work. Once the mother gets her GC, she can file for her daughter, but that requires a long wait. Maybe talk to a lawyer. If the I-730 things won’t work, maybe the lawyer can think of some other options (student visa, work visa, DV lottery, etc). Take care, Jason
Hi Jason, My mother is a refugee from the refugee camp and her previous refugee case status was denied because of her son-in-law. Now her son is a U.S. citizen and he is willing to petition for his mother, if he files for his mother the i-130 petition, will the i-130 petition or her visa be denied because of her son-in-law?
Thank you for your help.
I do not understand why the I-130 was denied, or what the son-in-law has to do with it, so I do not know. A US citizen son (over 21 years old) can petition for his mother and bring her here (assuming she is not from a banned country). If the son-in-law is a national security threat, that may be an issue, and the US government does not have to let anyone in, if they think the person is a danger to the country. Otherwise, assuming she is qualified, she should be able to come here. Take care, Jason
Dear Jason, I wrote to USCIS by email requesting for expediting my decision because of my moms illness. They never responded. Do you know how long it takes for them to respond? It’s been three weeks.
It is better to call them: 800-375-5283 and try to talk to a person. Also, I plan to write a blog post about this eventually, but USCIS has a web page about expediting, and maybe that would help: https://www.uscis.gov/forms/forms-information/how-make-expedite-request
Take care, Jason
Hi Jason. Thank you for your time this is really huge for me. As everybody here to ask help, I am in same situation too.
I live in US 5 years and 8 months, when I came I was single and I had a girlfriend who stayed in my country. To get my asylum case granted took 3 years and 3 months thus all this time I couldn’t have a chance to go meet and get married to my girlfriend. And only after asylum case granted I applied for Travel Passport and within 4 months received it after that I went to get married to my girlfriend to third-country. Then after 1 year of asylum granted I filed I-485 form which was 4 months ago. I Already did fingerprint appointment. And now I figured that I cannot file I-730 form because I got married after asylum granted. Or maybe there’s still possible way to file I-730? If not then how about I-130? Can I file it to my wife? If so when I can do this, now or I need to get my green card first? If you could clarify this for me. Or if somebody can share with me with any other possible ways to me reunion with my wife? I appreciate any links, articles, tips, suggestions. Anything that might help me. Thank you.
You cannot file an I-730 (you had to be married at the time asylum was granted). Once you have the GC, you can file the I-130 for her. That is the bad news. The good news is that I-130 forms filed by green card holders do not currently have a long queue – some categories (for example, siblings) have a long wait, but spouses of green card holders have no wait (you can see this if you Google “DOS visa bulletin”), though you still have to wait for USCIS to process the case. Hopefully, things will remain this way, and you can file for her as soon as you have the GC. Take care, Jason
That gives me a hope. And again Thank you for your time.