Form I-730, Refugee/Asylee Relative Petition, is used to request refugee or asylee status for a qualifying family member who is abroad. The petitioner must be a person granted refugee or asylee status in the United States.
Here are the general steps to file Form I-730 with the U.S. Citizenship and Immigration Services (USCIS):
Read the Instructions:
- Before you start the filing process, carefully read the instructions provided with Form I-730. The instructions will guide you through the requirements, eligibility criteria, and the supporting documents you need to submit.
Prepare the Required Documents:
- Collect all necessary documents to support your Form I-730 petition. This may include evidence of your refugee or asylee status, proof of your relationship with the beneficiary, and any additional documents mentioned in the instructions.
Complete Form I-730:
- Fill out the form accurately and completely. Provide all the required information, including personal details, information about your family member abroad, and details about your own refugee or asylee status.
Gather Supporting Documents:
- Assemble all the supporting documents as per the instructions. Make sure you have copies of all relevant documents, and organize them in a clear and orderly manner.
Pay the Filing Fee:
- Check the USCIS website or the form instructions to verify the current filing fee for Form I-730. Include the correct payment, either by check or money order payable to the “U.S. Department of Homeland Security.”
Mail the Application:
- Mail the completed Form I-730, supporting documents, and the filing fee to the appropriate USCIS address. Be sure to use the correct mailing address, which can be found in the form instructions.
Receive Receipt Notice:
- After USCIS receives your application, they will send you a receipt notice. This notice will include a unique case number that you can use to track the status of your case.
Wait for USCIS Processing:
- USCIS will review your petition and may request additional evidence if necessary. The processing time can vary, so it’s important to be patient.
Receive Decision:
- Once USCIS makes a decision on your petition, you will be notified in writing. If approved, your family member may be eligible to apply for refugee or asylee status.
Follow Additional Instructions:
- If your petition is approved, follow any additional instructions provided by USCIS, which may include steps for your family member to apply for admission to the United States.
Form I-290B, Notice of Appeal or Motion, is used to appeal a USCIS decision or to file a motion to reopen or reconsider a decision on an immigration petition or application. The form can be filed by individuals who have received an unfavorable decision from USCIS and believe that the decision was incorrect.
Here are some common scenarios in which Form I-290B may be filed:
Appealing a Denial:
- If your immigration application or petition is denied by USCIS, you may file Form I-290B to appeal the decision. This applies to various immigration processes, including family-based petitions, employment-based petitions, and more.
Appealing a Revocation:
- If USCIS has revoked an approval previously granted, you may file an appeal using Form I-290B. This could happen in cases where USCIS believes there was fraud or misrepresentation in the original application.
Motion to Reopen:
- If your case was denied or closed, and you believe you have new, relevant evidence that was not available at the time of the original decision, you may file a motion to reopen using Form I-290B. This allows you to present the new evidence for reconsideration.
Motion to Reconsider:
- If you believe there was a legal or factual error in the original decision, you can file a motion to reconsider using Form I-290B. This involves asking USCIS to review and change its decision based on the information already provided.
Appealing a Removal Decision:
- In removal (deportation) proceedings, individuals who have received an unfavorable decision from an immigration judge may use Form I-290B to appeal to the Board of Immigration Appeals (BIA).
Appealing a Naturalization Decision:
- If your application for U.S. citizenship (Form N-400) is denied, you have the option to file Form I-290B to appeal the denial.
It’s important to note that the specific procedures and deadlines for filing Form I-290B vary depending on the type of case and the type of decision being appealed. The instructions accompanying the form provide details on where to file, required fees, and other important information.