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I-730 Refugee/Asylee Family Reunification Practice Manual

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I-730 Refugee/Asylee Family Reunification Practice Manual The project was partially funded by the United Nations High Commissioner for Refugees (UNHCR) in order to promote the fundamental principle of family unity for refugee and asylee families. The guidance expressed in this manual is that of CLINIC and the authors and does not necessarily represent the position of UNHCR. This guide is intended to assist lawyers and DOJ accredited representatives. It does not constitute legal advice, nor is it a substitute for independent analysis of the law applicable in the practitioner’s jurisdiction. Please note that the hyperlinks referenced in this advisory were last visited in September of 2019. Copyright 2019 by the Catholic Legal Immigration Network, Inc. TABLE OF CONTENTS i. PUBLICATION ........................................................................................................................6 ii. DISCLAIMER .........................................................................................................................6 iii. HOW TO USE THIS MANUAL ...............................................................................................6 I. INTRODUCTION TO THE FORM I-730 ............................................................8 II. FREQUENTLY USED TERMINOLOGY .............................................................9 III. INITIAL ELIGIBILITY DETERMINATIONS FOR THE FORM I-730 ................. 11 i. WHO CAN FILE A FORM I-730 REFUGEE/ASYLEE RELATIVE PETITION? ............................. 11 ii. WHEN SHOULD THE FORM I-730 BE FILED? ...................................................................... 12 iii. WHO CAN BENEFIT FROM A FORM I-730? ....................................................................... 13 iv. WHO CANNOT BENEFIT FROM A FORM I-730 ................................................................. 17 v. P-3 AFFIDAVITS OF RELATIONSHIP (AORs) ........................................................................ 19 vi. DIFFERENCES BETWEEN FORM I-730 AND P-3/AOR .......................................................20 vii. SPECIAL CONSIDERATIONS FOR BENEFICIARIES WHO ARE IN THE UNITED STATES UNLAWFULLY ................................................................................ 21 IV. STEPS TO FILE THE FORM I-730 ................................................................ 23 i. ELIGIBILITY SCREENING FOR AN I-730 PETITION...............................................................23 ii. FREEDOM OF INFORMATION ACT (FOIA) REQUESTS ........................................................27 iii. DOCUMENTS TO FILE WITH A FORM I-730 PETITION .......................................................29 iv. FEES ...................................................................................................................................35 v. WHERE TO FILE A FORM I-730............................................................................................35 V. EVIDENTIARY BURDEN OF PROOF ............................................................37 i. (NON)DISCLOSURE OF BENEFICIARIES ..............................................................................38 ii. PRIMARY VS. SECONDARY EVIDENCE ...............................................................................39 iii. REQUESTS FOR EVIDENCE (RFEs) ......................................................................................41 October 2019 | Produced by the Catholic Legal Immigration Network, Inc. 3 iv. COMMON EVIDENTIARY ISSUES RAISED IN RFEs, NOIDs, AND NOIRs ...........................43 VI. TIMELINE AND OPPORTUNITIES FOR INQUIRY DURING FORM I-730 PROCESSING ........................................................ 54 i. INQUIRIES ...........................................................................................................................57 VII. FIELD OFFICE PROCESSING FOR FORM I-730 BENEFICIARIES IN THE UNITED STATES .............................................................................61 VIII. CONSULAR PROCESSING FOR FORM I-730 BENEFICIARIES OUTSIDE THE UNITED STATES ................................................................ 62 i. NATIONAL VISA CENTER (NVC) PROCESSING ...................................................................62 II. USCIS INTERNATIONAL OFFICES AND DEPARTMENT OF STATE CONSULAR POSTS (U.S. EMBASSIES & CONSULATES) .....................................................................................62 iii. INTERVIEW PREPARATION FOR THE FORM I-730 BENEFICIARY .......................................65 iv. DOCUMENTS NEEDED FOR THE BENEFICIARY INTERVIEW ...............................................66 v. MEDICAL EXAMINATION AND VACCINATION REQUIREMENTS .......................................67 vi. WHAT TO EXPECT AT THE INTERVIEW ...............................................................................68 IX. POST-INTERVIEW INFORMATION ...........................................................70 i. REQUESTS FOR ADDITIONAL INFORMATION FOLLOWING THE INTERVIEW .....................70 ii. CONTINUED FOLLOW-UP FOR AN OVERSEAS FORM I-730 .............................................. 71 iii. ADMINISTRATIVE PROCESSING WITH DOS ...................................................................... 71 iv. VISA 93 ASSURANCE TO U.S. REFUGEE RESETTLEMENT AGENCIES .................................72 X. BENEFICIARY TRAVEL AND ARRIVAL IN THE UNITED STATES ....................74 i. VISA 92 & VISA 93 ISSUANCE.............................................................................................74 ii. TRAVEL TO THE UNITED STATES .........................................................................................74 iii. TRAVEL FOR REFUGEE DERIVATIVE/VISA 93 BENEFICIARIES ...........................................74 iv. TRAVEL FOR ASYLEE DERIVATIVE/VISA 92 BENEFICIARIES ..............................................75 v. TRAVEL AUTHORIZATION AND EXIT VISA PERMISSION ...................................................75 vi. SERVICES AND LEGAL STATUS FOLLOWING ARRIVAL INTO THE UNITED STATES .............76 vii. WORK AUTHORIZATION .................................................................................................76 4 October 2019 | Produced by the Catholic Legal Immigration Network, Inc. viii. ADDITIONAL DOCUMENTS .............................................................................................76 ix. GAINING LAWFUL PERMANENT RESIDENT (LPR) STATUS ................................................77 x. BECOMING A CITIZEN .......................................................................................................78 xi. TRAVEL FOR REFUGEES & ASYlEES AFTER ARRIVAL TO THE UNITED STATES .....................78 XI. TROUBLESHOOTING WHEN PROBLEMS ARISE ....................................... 80 i. WHEN PROBLEMS ARISE UNDER USCIS JURISDICTION ....................................................80 ii. WHEN PROBLEMS ARISE UNDER DEPARTMENT OF STATE JURISDICTION DURING CONSULAR PROCESSING ...................................................................................82 iii. CONSULAR RETURNS AND NOTICES OF INTENT TO DENY/REVOKE ..............................82 iv. DENIALS AND MOTIONS TO REOPEN/RECONSIDER .......................................................84 XII. ADDITIONAL FAMILY REUNIFICATION OPTIONS BEYOND THE FORM I-730 ....................................................................... 87 XIII. CONCLUSION ........................................................................................ 90 XIV. APPENDICES ............................................................................................91 i. ABBREVIATIONS ..................................................................................................................91 ii. SUMMARY CHART FOR FORM I-730 PROCESSING ...........................................................93 iii. FLOW CHARTS FOR CURRENT I-730 PROCESSING ..........................................................96 iv. PRE-INTERVIEW INFORMATION FOR REFUGEE/ASYLEE VISA 92/93 CASES ..................97 v. SOURCES OF LAW FOR I-730 REFUGEE/ASYLEE RELATIVE PETITIONS ...........................103 vi. TIPS AND RESOURCES FOR RESEARCHING FOREIGN MARRIAGES, BIRTH REGISTRATION, AND FAMILY LAWS ......................................................................106 vii. RESOURCES BY REGIONAL FOCUS: ..............................................................................108 XV. REFERENCES .......................................................................................... 109 October 2019 | Produced by the Catholic Legal Immigration Network, Inc. 5 I. PUBLICATION The manual was co-authored by Rebecca R. Schaeffer, who is a Department of Justice (DOJ) accredited representative with Church World Service in Durham, NC, and Katherine Reynolds, who is the Interim Director of the Elon University School of Law Humanitarian Immigration Law Clinic in Greensboro, NC; both worked on this project in their individual capacities. It was edited by Victoria Neilson, managing attorney of the Defending Vulnerable Populations program at the Catholic Legal Immigration Network, Inc. (CLINIC), and Reena Arya, senior attorney with the Training and Legal Support program of CLINIC, and published in coordination with the United Nations High Commissioner for Refugees (UNHCR). Drawing from CWS Durham’s longstanding partnership with the Duke University School of Law’s Immigrant and Refugee Project, law students from DIRP assisted in drafting several of the appendices, including: Summary Chart for Form I-730
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