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Do family members of someone with US asylum protection have to go through the same asylum process?
Do family members petitioning to come to the U.S. to join an asylee have to prove persecution in the same way the principal asylee must?
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Answers
The short answer is no. While an asylee must establish past persecution or a well-founded fear of persecution based upon one of the five specific grounds (race, religion, nationality, political opinion, and/or membership in a particular social group), a relative of the principal asylee must only prove their relationship to the principal. It is possible that a family member may have also experienced persecution based on the same circumstances as the principal asylee, but the process of petitioning for family members will likely be faster and easier than the process for proving the principal case. In order for the relatives to join the principal asylle, the principal asylee files an I-730 immigration form and will have to provide evidence of the familial relationship by providing birth and marriage certificates as applicable. There are no I-730 fees, but there may be visa application and passport fees.
Talk to an Immigration Lawyer to get help and avoid legal traps of getting family members into the US.
Good luck.
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Posted by Christine Callahan on 28 Apr 2010
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