USCIS has rescinded a November 2020 policy memorandum that required interviewing all petitioners filing the Form I-730, Refugee / Asylee Relative Petition. Effective immediately, USCIS will revert to its long-established past practice of making case-by-case determinations about whether to interview Form I-730 petitioners. 

The policy memorandum, which mandated the gradual expansion of in-person interviews for Form I-730 petitioners, imposed significant burdens on refugee and asylum-seeking populations. This is not in accordance with Executive Orders 14012, Restoring Faith in Our Immigration Legal Systems and Strengthening Integration and Inclusion Efforts for New Americans, and 14013, Reconstruction and Improvement of Programs to Reset Refugees and Planning for the Impact of Climate Change on Migration.

The rescinded policy also decreased adjudication efficiency by requiring interviews with petitioners in addition to routine interviews with beneficiaries in cases without any identified deficiencies in the petition or supporting documentation. USCIS can conduct robust fraud assessments and security checks and maintain robust program integrity without that blanket interview policy. In addition, USCIS reserves its authority to interview any petitioner when it determines there is a need to do so.

A person who has been admitted to the United States as a primary refugee, or has been granted asylum as a primary asylee, can file a Form I-730 on behalf of a spouse or child. Eligible spouses or unmarried children could receive derivative refugee or asylee status as beneficiaries of Form I-730. Such individuals do not have to independently qualify as refugees or asylum seekers, but must meet the requirements of relationship with the petitioner and qualify under all other applicable eligibility criteria, including those related to crime and safety grounds.