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Refugee- Frequently Asked Questions

14.

How do I apply for derivative refugee status for my child?

You may apply for derivative refugee benefits for your spouse or unmarried child under the age of 21 within two years of your admission to the U.S. as a principal refugee. If your child or spouse is already in the U.S., they may be eligible for settlement as a refugee, regardless of whether they are in the country legally or illegally.

  • If you are a mother applying for refugee benefits for your child, you must file the following documents with the USCIS:
  • Form I-730 Refugee/Asylee Relative Petition (one for each child)
  • Proof of your status as a refugee
  • A recent, clear photograph of your child
  • A copy of your child's birth certificate showing your name and the name of your child
  • If you are a father applying for refugee benefits for your child, you must file the following items with the USCIS:
  • Form I-730 Refugee/Asylee Relative Petition (one for each child)
  • Form I-730 Refugee/Asylee Relative Petition (one for each child)
  • Proof of your status as a refugee
  • A recent, clear photograph of your child
  • A copy of child's birth certificate showing the name of both parents
  • A copy of the marriage certificate if you are or were married to your child's mother
  • If your were never married to your child's mother, proof that the child was legitimated by civil authorities or evidence that a parent/child relationship exists or existed
  • A copy of any divorce decrees, death certificates, or annulment decrees showing that any previous marriages entered into by you or your spouse ended legally
  • If you are a stepparent applying for refugee benefits for your child, you must file the following items with the USCIS:
  • USCIS Form I-730 Refugee/Asylee Relative Petition (one for each child)
  • Proof of your status as a refugee
  • A recent, clear photograph of your stepchild
  • A copy of your stepchild's birth certificate
  • A copy of the marriage certificate between you and your stepchild's natural parent
  • A copy of any divorce decrees, death certificates, or annulment decrees showing that any previous marriages entered into by you or your spouse ended legally
  • If you are an adoptive parent applying for refugee benefits for your child, you must file the following items with the USCIS:
  • Form I-730 Refugee/Asylee Relative Petition (one for each child)
  • Proof of your status as a refugee
  • A recent, clear photograph of your adopted child
  • A certified copy of the adoption decree
  • The legal custody decree if you obtained custody of your child before adoption
  • Proof that your child lived with you for at least two years
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