Immigration

When you ask for refugee status, you can ask that some of your immediate family members also get refugee status as “derivatives” of your application.¹ You must do this within the first two years of being granted refugee status.² You can include your spouse and children who are unmarried and who were under 21 when you filed your application. Included in the definition of “children” are step-children and adopted children, but the rules are complicated as to who may be included and how to apply.​³

Your family members must show that the special barriers to status known as the grounds of inadmissibility do not apply to them, or you must ask that U.S. Citizenship and Immigration Services excuse (waive) any barriers that do apply to them.⁴

In addition, when you file for lawful permanent residence after being in the U.S. as a refugee for one year, you can also apply for your family members to get lawful permanent residence.⁵

¹ INA § 207(c)(2); 8 USC § 1157(c)(2)
² See USCIS website; 8 CFR 208.21(c), (d)
³ INA § 101(b)(1)(E); 8 USC § 1101(b)
⁴ INA § 207(c)(3); 8 USC § 1157(c)(3)
⁵ See USCIS website