Family Reunification Options for Afghan Nationals in the U.S. "” Including Asylum and I-730 Petitions
Family Reunification Options for Afghan Nationals in the U.S. "” Including Asylum and I-730 Petitions
For many Afghan evacuees and parolees in the United States, the most important goal after safety is bringing family members still abroad to join them. Fortunately, U.S. immigration law provides several paths to family reunification, depending on your current status.
1. If You Have a Green Card or U.S. Citizenship
Lawful permanent residents and U.S. citizens can file Form I-130 (Petition for Alien Relative) to bring eligible family members.
- U.S. citizens may petition for a spouse, children (married or unmarried), parents, and siblings.
- Green card holders may petition for a spouse and unmarried children.
This is a permanent immigration path that can lead to green cards once the petitions are approved and visas are available.
2. If You Hold or Applied for a Special Immigrant Visa (SIV)
If you were granted or are applying for an Afghan SIV, your spouse and unmarried children under 21 automatically qualify as derivative beneficiaries. They can apply for immigrant visas through the U.S. Embassy once your case is approved. This is one of the fastest family reunification routes for SIV holders.
3. If You Were Granted Asylum or Refugee Status "” The I-730 Petition
Afghan asylees or refugees in the U.S. can reunite with their spouse and unmarried children under 21 by filing Form I-730 (Refugee/Asylee Relative Petition).
Key facts about I-730:
- Must be filed within two years of being granted asylum or refugee status (extensions are possible for humanitarian reasons).
- The marriage must have existed before you were granted asylum.
- USCIS will forward approved petitions to the U.S. Embassy for processing and family interviews abroad.
- Once admitted, your spouse and children receive derivative asylum or refugee status and can apply for green cards after one year.
If your relatives are in danger while waiting, they may also request expedited processing or humanitarian parole for temporary protection.
4. Humanitarian Parole and Emergency Options
If your family cannot leave Afghanistan or faces immediate danger, you may apply for humanitarian parole using Form I-131. This option provides temporary entry to the U.S. based on urgent need. Once here, relatives can later apply for asylum or adjustment of status.
5. Documents You'll Need
- Marriage or birth certificates proving relationship
- Your proof of legal status (green card, SIV approval, asylum grant, or I-94)
- Passport copies for all applicants
- Certified English translations
- Evidence of danger, hardship, or humanitarian need (if applicable)
6. Legal Support for Afghan Families
At New Horizons Legal, we help Afghan clients navigate every available path to family reunification "” from family petitions to SIV, asylum-based I-730 filings, and humanitarian parole. We ensure applications are filed correctly, translated accurately, and tracked through USCIS and embassy processing until your family is safely together again.
This post is for general informational purposes only and does not constitute legal advice. Every case is unique. Consult a qualified immigration attorney to discuss your specific situation.
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