Family-Based Immigration
If you are trying to bring other family members to the United States from Afghanistan or another country, family-based immigration may be one option. Read for information on the forms I-130 and I-730.
Background Image: Shawl, Mexico
Published: 12-3-2021
Family-Based Immigration Overview
Which form will you need?
If you have family members you are trying to bring to the United States, it is possible to try family-based immigration. There are two different forms which will allow your family members to come to the U.S. lawfully.
One is the I-730, for Refugee and Asylees filing for their spouse and children. The other is the I-130 which helps Lawful Permanent Residents and Citizens bring family members to the United States.
I-730
for Refugees and Asylees
For the I-730, you must either be a/an:
- Asylee, meaning you were granted asylum by USCIS or an Immigration court, OR
- Refugee, as designated by the UNHCR
You cannot apply for the I-730 if you came to the U.S. on Humanitarian Parole. The I-730 needs to be completed within two years of arrival into the United States or your grant of asylum.
Who can you apply for?
You can request an I-730 for your:
- Spouse
- Unmarried children under the age of 21
You must file one I-730 for each family member. Immigration will process the first part of the application in the United States, and then it will send the application to the U.S. consulate in the country in which your relative resides.
Currently, the consulate in Kabul is closed and the process will have to be completed in a third country. Click here for more information on this.
The I-730 does not have a not filing fee.
I-130
for U.S. Citizens and Lawful Permanent Residents
The I-130 process is very different from the I-730. The I-130 is available for those who want to help family members immigrate and are already either:
- U.S. Citizens, OR
- Lawful Permanent Residents of the United States
If you are a US citizen, you may file for your:
- Spouse
- Children
- Siblings, if you are at least 21 years old
- Parents, if you are at least 21 years old
If you are a Lawful Permanent Resident, you may file for your:
- Spouse
- Unmarried children
Each form has a $535 filing fee. Sometimes you can file one petition for your whole family and sometimes you have to file a separate form for each person.
For both permanent residents and U.S. citizens, you will need to provide proof of their identity and proof of the relationship. For a list of qualifying documents, please click here.
You may have also heard about the Affidavit of Relationship. This can be sent to USCIS to help establish a relationship, but it is not a petition that will actually get your relative a visa.
If you have family or friends who you want to help now, you will have to use either one of these family-based petitions or go through Humanitarian Parole.
Find more information on Family-Based Immigration and other up-to-date information for Afghans on the Catholic Charities Youtube Channel.
Seek the Help of a Good Lawyer
We Can't Stress This Enough
These pages are intended to help you understand what you are looking for – not to help you complete any of these applications alone. Immigration law is detailed and complicated, and we urge you to rely on a well-trained lawyer for help. A lawyer can help you prepare for every step along the way.
Additional Resources
Many have been leaving Afghanistan or have fled to the U.S. since the recent military withdrawal and crisis. Here are some updates.
Refugees coming to the United States must make several adjustments, and often have questions about green cards, citizenship, and work permits.
These three immigration mistakes could seriously hurt your chances of getting a green card, or lawfully immigrating to the United States.