FLEEING PERSECUTION: REFUGEES, ASYLEES AND OTHERS:

The basic concept for refugee or asylum petition is the fear from your government.  The fear has to be credible. 

Refugees:  Persons outside the U.S. who cannot return to his or her residence because of persecution or a well founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.  You may still be in your country to qualify. 

There is an annual refugee quota.  You must file application (I-590), Form G-325A, and fingerprints with an overseas DHS officer, and get standard medical examination.  Refugee has only four months from the time of approval of the application to be admitted into the U.S.

A refugee who is admitted into the U.S. can adjust his or her status to Lawful Permanent Resident after one year of continuous physical presence.

Asylee:  An asylee is a person who meets the past persecution or well founded fear definition of a refugee under Immigration and Nationality Act section 101(a)(42), but who is physically present in the U.S. or is at a land border or port of entry of the U.S. at the time he is seeking refuge in this country. 

Standard:  There must be a reasonable possibility of persecution (although not a probability) of persecution:

1. You must have suffered past persecution (a threat to the life or freedom of, or the infliction suffering or harm upon, those who differ in a way regarded as offensive) or fear of future persecution;
2. The fear (genuine apprehension or awareness of danger) must be well founded;
3. The persecution must be on account of race, religion, nationality, membership in a particular social group or political opinion;
4. You must be unable or unwilling to return to your country of nationality or to the country on which you last habitually resided because of persecution or his well founded fear of persecution.

It is not required that an applicant experienced physical injuries.

Asylum applicants shall file the I-589 application in triplicate and an additional copy for each family member, 3 copies of all passports or other travel documents, two photographs each, 3 copies of family relationship.  If your case is denied, the Immigration Judge conducts a hearing and determines the application.  Initial denial should not discourage you.  It is not unusual. 

Employment.  A request for work authorization may not be submitted prior to 150 days after the date on which a complete application as defined in 8 CFR 208.3(c)(3), 1208.3(c)(3) has been received by the DHS or immigration judge, under 8 CFR 208.4 depending on the applicant’s circumstances.  If the asylum application is denied within the 150 days, the person is not eligible to apply for work authorization.

Asylees can apply for green card after one year of continuous physical presence in the U.S. after grant of asylum.

Contact Us Now for a Free Consultation and Free Office Visit