Despite everything that has been said about the US and its government, this country has one of the better asylum policies in the world. US government makes sure to accommodate all the refugees and asylum seekers who have a good case for it.

In the center of all this is I-730 form. This form is otherwise known as Refugee/Asylee Relative Petition and its name tells you the whole story. In order for an asylum seeker to be introduced into the system, he or she will need to fill it.

There are lots of requirements you have to meet in order to be eligible for I-730. Some of them are fairly common such as being above 21 but other might be a bit more legal in their nature.

Who can qualify?

Most people will get their rights through a derivative visa. In this case, if you have a visa yourself, you can petition for your relatives to get a visa as well, along with providing necessary documents such as an Apostilla Acta, which verifies the authenticity and legality of crucial personal documents for international use. Here are some of the main requirements:

  • It is required that you have an existing relationship with a family member on the day when you petition for asylum

This one is pretty simple and straightforward. You have to petition for people who are actually your family members. This means that you cannot create fake relationships nor marry for a visa. The American government has issues with such asylum seekers (rightfully so) as they prefer focusing on people who really need help and not those who simply wish to get to the US. Not only does this relationship have to exist, but it needs to persist after you submit the form. This is especially important for spouses as there are many people who will marry for this purpose. That relationship has to persist before and after applying. The same goes for kids: the child has to be born on conceived when the asylum is granted.

  • It is required that your child is below the age of 21 when you make the petition and when you have the interview

This is another rule that has been added in order to prevent misuse. Basically, you can only petition for underage children. If your child becomes older than 21 during the process, the petition is abolished. It is also necessary for a child to be listed on either form I-589 or form I-590.

  • It is required that your child is unmarried when USCIS approves your petition 

Only if a child is unmarried and under the age of 21, it is eligible for this status. Keep in mind that if a child gets married prior to that, he or she will not be able to join you. This is a way the US government makes sure that you don’t get more people than necessary or that you “game” the system.

  • When it comes to stepchildren and adopted children, there are certain age limits in place

Again, this is a system meant to prevent any misuse. You simply cannot adopt children that are too old and you cannot become a stepmother or a stepfather to a child that is almost becoming mature. In the case of adopted children, it has to be below 16 years old when you make the petition. In the case of stepchildren, it has to be below 18 years old when you step into a marriage so that it can qualify for derivative asylum status.

  • The person who is on the derivative petition cannot be in a process of persecution

If a person is persecuting someone or is being persecuted himself (or herself), this would revoke the option of being able to get an asylum.