1. AFTER RECEIVING ASYLUM STATUS
Immediately after receiving Asylum status and within 2 years, you can file a petition to reunite with your family - your spouse or unmarried children under 21.
This is Form I-730 - Refugee/Asylee Relative Petition
Fee: $0
Processing time: ~9 months (2023)
You can file the petition only by mail to the following address:
USCIS Texas Service Center
Attn: I-730
6046 N. Belt Line Rd. Ste. 730
Irving, TX 75038-0019
After the petition is approved, if the family member is in the U.S., you can file for a green card.
If your family is outside the U.S., USCIS sends the approved I-730 to the National Visa Center (NVC). NVC forwards the case abroad, where the interview will take place. NVC sends the beneficiary (family members abroad) a letter or email with interview information and next steps. For example, before the interview you need to complete a medical exam.
The interview is conducted at a U.S. consulate or embassy free of charge.
After a successful interview, additional administrative processing may still be required.
In total, it will take about 2 years.
After your relatives enter the U.S., they can file Form I-485 for a green card.
2. THROUGH MARRIAGE
If you entered with a visa or received parole status at the U.S.-Mexico border and married a U.S. citizen - you can file a reunification petition right away.
If you entered with a visa and married a green card holder - you can file a reunification petition right away only if you did not lose lawful status.
If you lost status for some period of time - then you need to wait until your spouse becomes a U.S. citizen. Asylum pending status is not lawful status in this case that allows AOS (Adjustment of Status).
If you crossed through Mexico and did not receive parole status - you cannot reunite with a green card holder spouse. Even if you entered through a port of entry without parole status, you are considered Entered Without Inspection (EWI) (even though there was formally an inspection).
If you did not receive parole status and married a U.S. citizen, you will be able to file for reunification only after you file a hardship waiver.
After that, it will be necessary to leave the U.S., attend an interview, and re-enter with an immigrant visa.
The only exceptions are victims of domestic violence who file a special VAWA petition.
Lifehack: if you did not have parole status, to be able to file for reunification both with a U.S. citizen and with a green card holder, you can do the following:
- close your immigration court case through prosecutorial discretion and move it to USCIS
- file Form I-131 for Advance parole
- leave and return to the U.S. using Advance parole
Then you will have a lawful entry on record and you can file to adjust status.
So, if you are eligible, you can file a petition to reunite with your spouse.
This is Form I-130 - Petition for Alien Relative
Fee: $535 until March 31, 2024. Then $675
Processing time: ~11 months (2023)
You also must file Form I-130A.
It is best to file the petition online through your USCIS online account.
- If you married a U.S. citizen - together with Form I-130 you can file the other forms right away: I-864, I-485, I-765, I-131
- If you married a green card holder, you need to check the date when you can file for a green card on the special Visa Bulletin page. At the moment it is about half a year (category F2A).
Note: if you entered with a fiancé(e) visa K-1, then you do not need to file Form I-130.
3. PARENTS, ADULT CHILDREN, BROTHERS AND SISTERS
The same process applies to reunification with adult children, brothers, and sisters. However, the current wait time is 6-7 years for unmarried adult children, 14 for married children, and 16 years for brothers and sisters. If they are in the U.S., to file for a green card they must not lose lawful status during this entire period. Green card holders can file for adult children only if they are not married.
For married adult children, brothers and sisters, only U.S. citizens can file.
To file Form I-130 for parents, you also must be a U.S. citizen. If your parents are already in the U.S., you can also file for a green card at the same time as Form I-130.
Disclaimer: The information provided here is for general informational purposes only and does not constitute legal advice. Immigration rules may change. For guidance on your specific situation, always consult official sources or a qualified immigration attorney.
