The United States Citizenship and Immigration Services (USCIS) has updated its policy manual to provide clearer guidance on applications for families of asylees and refugees. This update includes detailed instructions on filing requirements, eligibility criteria, required documentation, evidence, processing updates, and decisions on applications.
Previously, these details were only available in the Adjudicator’s Field Manual (AFM) and policy memos, which led to confusion among applicants. By codifying this information directly into the policy manual, USCIS aims to streamline the process for both applicants and adjudicating officers.
“This policy update is part of an initiative to move existing policy guidance from the Adjudicator’s Field Manual (AFM) and policy memoranda into the Policy Manual. This update is not intended to change existing policy or create new policy. Rather, it incorporates existing guidance into the Policy Manual, streamlining USCIS’s immigration policy while removing obsolete information,” said USCIS.
A new ‘Part C’ has been added to Volume 4 of the manual under the “Refugees and Asylees” section, comprising five chapters. This update is effective immediately and applies to all pending and new applications filed on or after December 20. It supersedes previous references in Part 21.10 of the Adjudicator’s Field Manual related to families of refugees and asylees, along with associated appendices and memos, according to USCIS.
Petitioners are required to file a separate Form I-730 for each qualifying family member. Additionally, the petition must be submitted within two years of the petitioner’s refugee admission or asylum approval. However, USCIS retains the discretion to waive this filing deadline for humanitarian reasons, allowing for greater flexibility in certain circumstances.
The eligibility criteria have also been refined. It is essential for the relationship between the petitioner and the family member to exist at specific points: when the petitioner was approved for asylum or admitted as a refugee, when Form I-730 is filed, when USCIS adjudicates the form, and when the beneficiary is admitted to the United States if they are residing abroad. Children conceived but not yet born at the time of the parent’s admission as a refugee or approval for asylee status are explicitly recognized as eligible.
All Form I-730 following-to-join refugee (FTJ-R) petitions will now be processed at the USCIS International Operations Division. USCIS has also implemented new procedures requiring additional information from FTJ-R beneficiaries, including the submission of Form I-590 alongside Form I-730. This change aims to ensure that all necessary documentation is collected efficiently.
Evidence requirements have been clarified. For spouse petitions, petitioners must provide a copy of their marriage certificate, evidence of termination of any previous marriages if applicable, and documentation of legal name changes if necessary. Importantly, USCIS recognizes certain informal marriages for derivative refugee or asylee status, allowing for consideration of evidence related to informal spousal relationships when a marriage certificate is unavailable.
USCIS has enhanced customer service options available to Form I-730 petitioners, ensuring that applicants have access to necessary support throughout the process.
Kishor Panthi
View More PostsKishor Panthi is the founder and editor-in-chief of Khasokhas and NepYork. He is the author of three books, “Kampan,” "UNTRANSLATABLE" and “Zero Mile.” He writes about social issues, immigration, and politics.
