I-730 refugee petition form

OMB No.1615-0037; Expires 08/31/07The relationship between you and your relative musthave existed on the date you were granted asylum inthe United States and must continue to exist.You were granted status in the United States as aderivative beneficiary or as an accompanying orfollowing-to-join family member; orYou were admitted to the United States as a refugeemore than two years ago (see *NOTE below), orYou were granted status in the United States as an asyleemore than two years ago (see *NOTE below).A spouse or child must be otherwise admissible as animmigrant (for refugee relatives) or not subject to themandatory bars of 8 CFR 208.21 (for asylee relatives).A spouse or child who has previously been grantedrefugee or asylee status.An adopted child, if the adoption took place after thechild became 16 years old, or if the child has not been inlegal custody and living with the adoptive parent(s)for at least two years.A stepchild, if the marriage that created this relationshiptook place after the child became 18 years old.The relationship between you and your relative must haveexisted on the date you were admitted to the United Statesas a refugee and must continue to exist.Form I-730 Instructions (Rev. 09/18/06) NA parent, sister, brother, grandparent, grandchild,nephew, niece, uncle, aunt, cousin or in-law.If the person you are filing for is a child who wasconceived but not yet born on the date you wereadmitted to the United States, the relationship will beconsidered to exist as of the date you were admitted tothe United States.The mother of such child is not an eligible relativeunless the mother was married to you, the principalrefugee, when you were admitted to the United States.The mother of such child is not an eligible relativeunless the mother was married to you, the principalasylee, when you were granted asylum in the UnitedStates.--------Department of Homeland SecurityU.S. Citizenship and Immigration ServiceNOTE: Read these instructions carefully. If you do not follow the instructions, U.S. Citizenship and Immigration Services (USCIS) may have toreturn your petition, which may delay final action. If more space is needed to complete an answer, continue on a separate sheet(s) of paper. USCISis comprised of offices of the former Immigration and Naturalization Service (INS).1. Who May File This Petition?If you have been admitted to the United States as a refugeeor if you have been granted status in the United States as anasylee, and as the principal applicant within theprevious two years, you may file this petition. Approval ofthe I-730 petition for a relative abroad does not guaranteevisa issuance. A separate Form I-730 must be filed for eachfamily member.You are not eligible to file this petition if:InstructionsI-730, Refugee/Asylee Relative PetitionA petition may not be approvedfor the following persons:A husband or wife, if each was not physically present atthe marriage ceremony and the marriage was notconsummated.A husband or wife, if it is determined that such alien hasattempted or conspired to enter into a marriage for thepurpose of evading immigration laws.Your spouse and/or your unmarried child(ren) under(21) years of age, whether inside or outside of the UnitedStates, are eligible for accompanying or following-to-joinbenefits provided that the family member(s) qualify underthe conditions described below.If you are a refugee:In all cases, if the family member you are filing for isyour child, the child must be under 21 years of age whenthe petition is filed and continue to be unmarried at thetime of approval.If you are an asylee:*NOTE: The two-year limitation may be waived byUSCIS for humanitarian reasons. Please attach adetailed explanation why the petitioner could not filewithin two years of being granted status. USCIS willmake a decision based upon the explanation.If the person you are filing for is a child who wasconceived but not yet born on the date you weregranted asylum in the United States, the relationshipwill be considered to exist as of the date you weregranted asylum in the United States.2. Who Is Eligible to Receive Accompanying or Following-to-Join Benefits?3. What Are the General Filing Instructions?Type or print legibly in black ink.If you need extra space to complete any item, attach a separatecontinuation sheet. Indicate the item number, date and signeach sheet.In all cases, submit evidence of your status as a refugee orasylee in the United States.In all cases, submit a recently taken clear photograph of thefamily member you are filing for.School records for the child;Money order receipts;Canceled checks showing financial support of thechild;--Medical or insurance records that include the child asa dependent;----------Form I-730 Instructions (Rev. 09/18/06) N Page 2Certain documents are required to be submitted with thispetition to show that you are eligible to file this petition and toshow that a relationship exists between you and your relative.(If the documents described below are not available, seeSections 4 and 5 of these instructions):4. What Documents Do You Need to Prove Eligibility and a Family Relationship?If you are petitioning for your husband or wife, submit yourmarriage certificate. If you and/or your spouse werepreviously married to other people, submit evidence of thelegal termination of the previous marriage(s). Evidence of anylegal name change must also be submitted, if applicable.If you are petitioning for your child and you are the naturalmother, whether the child was born in or out of wedlock,submit the child's birth certificate showing both the child'sname and your name. Evidence of any legal name changemust also be submitted if the names on the birth certificate donot match the names on the petition.If you are petitioning for your child and you are the naturalfather, submit the child's birth certificate showing both thechild's name and your name. If you were married to the child'smother, submit your marriage certificate. If you and/or thechild's mother were previously married to other people, submitevidence of the legal termination of the previous marriage(s).If you were not married to the child's mother, submit evidencethat the child was legitimated by civil authorities, submitevidence that a bona fide parent/child relationship exists orexisted between you and the child. Evidence of a bona fideparent/child relationship should prove that you have emotionaland financial ties to the child, and that you have showngenuine general welfare. Such evidence may include (but isnot limited to) the following:Income tax returns in which you claim the child as adependent and member of your household;Notarized affidavits of reliable persons who areknowledgeable about the relationship. Evidence ofany legal name change must also be submitted, ifapplicable.Correspondence between you and the child;--If you are petitioning for your stepchild, whether thechild was born in or out of wedlock, submit the child'sbirth certificate and the marriage certificate between youand the child's natural parent. If you and/or the child'snatural parent were ever previously married to otherpeople, submit evidence of the legal termination of theprevious marriage(s). Evidence of any legal namechanges must also be submitted, if applicable.If you are petitioning for your adopted child, submit acertified copy of the adoption decree and evidence thatyou resided together with the child for at least two years.If you were granted legal custody of the child prior to theadoption, submit a certified copy of the court ordergranting custody. Evidence of any legal name changesmust also be submitted, if applicable.If the documents described above are not available from thecivil authorities, you may submit the following, assecondary evidence, along with a statement from theappropriate civil authority certifying that the requireddocument(s) is(are) not available.5. What If a Document Is Not Available?Copies. In all cases, you should submit one readable photocopyof each required document to USCIS. If a copy of a document issubmitted, USCIS may at any time require that the originaldocument be submitted for review.Translation. Documents in a foreign language must beaccompanied by a complete English translation. The translatormust certify that the translation is accurate and that he or she iscompetent to translate. Original documents submitted when notrequired will remain a part of the record.Answer all questions fully and accurately. Portions leftunanswered may result in a Request for Evidence. If theprevious marriages portion does not apply to you, please state"none." For all others that do not apply to you, please state "N/A."Religious institution record: A certificate under the sealof the religious institution where the baptism, dedicationor comparable rite occurred within two months afterbirth, showing the date and place of the child's birth, thedate of the religious ceremony, and the names of thechild's parents.School record: A letter from the authorities of the school(s) attended, showing the date of admission to the school,the child's date and place of birth and the names of bothparents, if shown on the school records.Census record: State or federal census record showingname, place of birth, and date of birth or the age of theperson(s) listed.File Form I-730 with the Nebraska Service Center if you, thepetitioner, currently live in the following states:Form I-730 Instructions (Rev. 09/18/06)N Page 3Title 18, United States Code, Section 1001, states thatwhoever willfully and knowingly falsifies a material fact,makes a false statement or makes use of a false documentwill be fined up to $10,000 or imprisoned up to five years,or both.Title 8, United States Code, Section 1325, states that anyperson who knowingly enters into a marriage contract forthe purpose of evading any provision of the immigrationlaws shall be imprisoned for not more than five years, orfined not more than $250,000, or both.If the secondary evidence described above is not available, youcan submit affidavits. If you submit affidavits, they mustovercome the absence of primary and secondary evidence.Affidavits:Submit written statements sworn to or affirmed by two personswho were living at the time and who have personal knowledgeof the event you are trying to prove: for example, the date andplace of birth, marriage or death. The persons making theaffidavits do not have to be United States citizens.Each affidavit should contain the following informationregarding the person making the affidavit: his or her full name,address, date and place of birth and his or her relationship toyou (if any); full information concerning the event; andcomplete details concerning how the person acquired theknowledge of the event.7. Where Do You File This Form?USCIS -Nebraska Service CenterP.O. Box 87730Lincoln, NE 68501-7730USCIS requests the information on the form to carry out theimmigration laws contained in Title 8, United States Code,Sections 1157(c)(2) and 1158(b)(3). USCIS needs thisinformation to determine whether a person is eligible forimmigration benefits. The information you provide may alsobe disclosed to other federal, state, local and foreign lawenforcement and regulatory agencies during the course ofthe investigation required by USCIS. You do not have togive this information. However, if you refuse to give someor all of it, your petition may be denied.10. USCIS Forms and Information.To order USCIS forms, call our toll-free number at1-800-870-3676. You can also get USCIS forms andinformation on immigration laws, regulations andprocedures by telephoning our National Customer ServiceCenter at 1-800-375-5283 or visiting our internet website atwww.uscis.gov.11. Use InfoPass for AppointmentsAs an alternative to waiting in line for assistance at yourlocal USCIS office, you can now schedule an appointmentthrough our internet-based system, InfoPass. To access thesystem, visit our website at www.uscis.gov. Use theInfoPass appointment scheduler and follow the screenprompts to set up your appointment. InfoPass generates anelectronic appointment notice that appears on the screen.Print the notice and take it with you to your appointment.The notice gives the time and date of your appointment,along with the address of the USCIS office.9. What Is Our Authority for Collecting This Information?6. What If Secondary Evidence is Not Available?8. What Are the Penalties for Committing Marriage Fraud?Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho,Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri,Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon,South Dakota, Utah, Washington, Wisconsin or Wyoming.The mailing address you should use is:Nebraska Service Center FilingsTexas Service Center FilingsFile Form I-730 with the Texas Service Center if you, thepetitioner, currently live in the following states:Alabama, Arkansas, Connecticut, Florida, Georgia, Kentucky,Louisiana, Maine, Maryland, Massachusetts, Mississippi, NewHampshire, New Jersey, New Mexico, New York, NorthCarolina, South Carolina, Oklahoma, Pennsylvania, PuertoRico, Rhode Island, Tennesse, Texas,Vermont, Virginia, U.S.Virgin Islands, West Virginia or Washington, DC.The mailing address you should use is:USCIS -Texas Service CenterP.O. Box 852824Mesquite, TX 75185An agency may not conduct or sponsor an informationcollection and a person is not required to respond to acollection of information unless it displays a currently validOMB control number. The public reporting burden for thiscollection of information is estimated to average 35 minutesper response, including the time for reviewing instructions,searching existing data sources, gathering and maintainingthe data needed and completing and reviewing the collectionof information. Send comments regarding this burden estimateor any other aspect of this collection of information, includingsuggestions for reducing this burden, to: U.S. Citizenship andImmigration Services, Regulatory Management Division,111 Massachusetts Avenue, N.W., Suite 3008, Washington,DC 20529. OMB No. 1615-0037. Do not mail your petitionto this address.12. Paperwork Reduction Act.Check List.Did you answer each question on the Form I-730petition according to the instructions on the form?Did you sign and date the petition?Did you submit proof of your status as a refugee orasylee in the United States?Did you submit documented proof of relationship,including those needing copies and/or translations?Did you submit the beneficiary photo?Did you provide the beneficiary's address where he orshe is residing now?Did you provide the beneficiary's name and address aswritten in the language of his or her country ofresidence?Form I-730 Instructions (Rev. 09/18/06) N Page 4Street Number and NameApt. #State or Province CountryMale Female Date of Birth (mm/dd/yyyy)Country of BirthAlien Registration Number(A#)U.S. Social Security # (If applicable.)Lawful Permanent Resident based on previous Refugee statusLawful Permanent Resident based on previous Asylee statusState If Previously Married, Name(s) of Prior Spouse(s):Form I-730 (Rev. 09/18/06) NGender: Country of Citizenship/NationalityTelephone Number Country and City/Area CodeDepartment of Homeland SecurityU.S. Citizenship and Immigration ServicesI-730, Refugee/Asylee Relative PetitionSTART HERE -Please type or print legibly in black ink.Part 1. Information about you.Address -C/O CityOther Name(s) Used (Including maiden name)RefugeeAsyleeDate (mm/dd/yyyy) and Place Refugee or Asylee status was granted:If Granted Refugee Status, Date (mm/dd/yyyy) and Place Admitted to theUnited States:State If Married, Date (mm/dd/yyyy) and Place of Present Marriage:Date(s) Previous Marriage(s) Ended: (mm/dd/yyyy) Zip/Postal CodeOMB No.1615-0037; Expires 08/31/07a.b.DO NOT WRITE IN THIS BLOCK -FOR USCIS OFFICE ONLYSection of Law207 (c)(2) Spouse207 (c)(2) Child208 (b)(3) Spouse208 (b)(3) ChildAction StampVolag #Atty State License #To Be Completed byAttorney or Representative, if any.Fill in box if G-28 is attached to representthe petitioner.Part 2. Information about your alien relative.Family Name (Last Name), Given Name (First Name), Middle NameAddress -C/OStreet Number and NameApt. #CityState or ProvinceCountryZip/Postal CodeGender:MaleFemaleb.a.Date of Birth (mm/dd/yyyy)Country of BirthCountry of Citizenship/NationalityTelephone Number Country and City/Area CodeAlien Registration Number (If any.)U. S. Social Security # (If any.)Other Name(s) Used (Including maiden name)State If Married, Date (mm/dd/yyyy) and Place of Present Marriage:State If Previously Married, Name(s) of Prior Spouse(s):Date(s) Previous Marriage(s) Ended: (mm/dd/yyyy)Reviewed ForMaterialSupportDate:ReceiptRemarksPetitioner Status:I am filing this petition for my:SpouseUnmarried child under 21 years of age who is:of()Number of relatives I am filing for:Biological ChildStepchildAdopted Child Family Name (Last Name), Given Name (First Name), Middle NameForm I-730 (Rev. 09/18/06) N Page 2SignatureDaytime Telephone NumberPrint NameDateDaytime Telephone NumberPrint Full NameDateE-Mail Address (If any.)Read the information on penalties in the instructions before completing this section and sign below.If someone helped you to prepare this petition, he or she must complete Part 6.I certify or, if outside the United States, I swear or affirm, under penalty of perjury under the laws of the United States of America, that this petitionand the evidence submitted with it, is all true and correct. I authorize the release of any information from my record which U.S. Citizenship andImmigration Services needs to determine eligibility for the benefit I am seeking.NOTE: If you do not completely fill out this form or fail to submit the required documents listed in the instructions, your relative may not be foundeligible for the requested benefit and this petition may be denied.I declare that I prepared this petition at the request of the above person and it is based on all of the information of which I have knowledge.Firm Name and AddressPart 4. Signature.Part 5. Signature of person preparing form, if other than petitioner above. (Sign below.)SignatureThe person named in Part 2 is now outside the United States. (Please indicate the location of the AmericanConsulate or Embassy where your relative will apply for a visa.)Yes (Please explain below or on a separate sheet(s) of paper.)The person named in Part 2 is now in the United States.American Consulate/Embassy at:City and Country2. Is the person named in Part 2 in deportation or removal proceedings in the United States?NoPart 3. Processing Information.1. Check One:a.a.b.b.Name and address of your alien relative in the language written in the country where he or she now resides.Family NameGiven NameMiddle NameAddress -C/OStreet Number and Name/Apt. #City/State or ProvinceCountry/Zip/Postal CodePart 2. Information about your alien relative. (Continued.)