Get tips on completing the refugee application form and required documents. Step 4 — Arrange for a Financial Sponsor In order to apply for refugee status in the United States, you must have an assurance of financial support -- enough to pay for your travel to the United States and initial expenses when you arrive.
Step 5 — Gather Evidence First, you need to prove your identity, by any means possible USCIS recognizes that you may have fled too quickly to get a passport. If You Need Help Although not required, you may want to consult with an experienced and knowledgeable immigration attorney within the United States -- most likely in the state where you hope to live.
Timeframe to Get a Nonimmigrant U. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. But not everyone qualifies for asylum or refugee status. You must meet some strict requirements, as described in this article. In particular, you must show two things:.
To persecute means to harass, punish, injure, oppress, or otherwise cause someone to suffer physical or psychological harm. However, from the law that has been developed through court cases, we know that it can include such acts as threats, violence, torture, inappropriate imprisonment, or denial of basic human rights or freedoms. Historically, for example, the need for asylum or refugee status has been recognized in situations where a foreign government has:.
Even if a foreign government stands by while someone else commits acts of persecution for example, if the authorities are unwilling or unable to exercise control while members of a vigilante squad gang up on gays and lesbians or while members of a guerilla group threaten or kidnap people who won't voluntarily join them , this too can qualify as persecution , which would support a claim for asylum or refugee status.
There is one type of persecution that is actually listed in the law: Being forced to undergo or the fear of being forced to undergo a program of "coercive population control. This is aimed at victims of the kind of forced abortion and sterilization that takes place in mainland China. Again, remember that the persecution must be connected to one of five grounds—race, religion, nationality, membership in a social group, or political opinion—discussed in more detail below.
For example, violence directed against gays and lesbians is recognized as persecution connected to membership in a social group. But violence against an individual who happens to have angered a local criminal does not have the necessary connection to one of the five grounds, so the victim wouldn't be eligible for asylum or refugee status from the U.
In recent years, the U. This allowed some women to gain asylum based on having undergone or fearing they'll be forced to undergo cultural practices such as female genital cutting, forced marriage, or domestic violence. However, under the Trump Administration, this recognition was significantly rolled back. Also remember that your fear of future persecution must be "well-founded. See INS v. Cardoza Fonseca , U. As mentioned above, the U.
The first three grounds—race, religion, and nationality—are fairly self-explanatory. Something called "humanitarian asylum" allows you to receive asylum if you can demonstrate "compelling reasons for being unwilling or unable to return to the country arising out of the severity of the past persecution" or "there is a reasonable possibility that [you] may suffer other serious harm upon removal to that country.
For example, if everything you owned was destroyed, or you would face severe emotional trauma upon returning, or you would remain a social outcast even if you didn't face persecution, you might qualify for humanitarian asylum.
If you want to apply for asylum in the U. There is a one-year deadline on applying after you've entered the United States.
The attorney can evaluate important issues not discussed here, such as whether you could be barred from asylum owing to a criminal record in the U. The attorney can help you to prepare your application for asylum, which involves not only preparing the application form, but drafting a lengthy written statement from you and collecting various documents. The attorney can also represent you at the Asylum Office or in immigration court. Browse All Immigration Topics ». The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
The attorney listings on this site are paid attorney advertising. In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Lawyer Directory. Call us at 1 Advance parole allows certain individuals to return to the U. If you were granted refugee status, you are eligible to apply for a green card permanent residence one year after receiving that status.
Your spouse and children will also need to apply for a green card if they were admitted to the United States as refugees. If you are a refugee, you may apply for a green card if you have:. You are not required to apply for a green card; however, it may be in your best interest to do so. If conditions change in your home country or you no longer meet the definition of a refugee due to changed circumstances, you may no longer qualify for refugee status with the right to remain permanently in the United States.
There is no government filing fee to file Form I as a refugee. Note: When USCIS grants your green card, you and derivative family members will have your adjustment of status date recorded as the day you entered into the United States as a refugee.
Foreign nationals may file the adjustment of status application if they meet certain criteria. Applicants with straight-forward cases no arrests and immigration violations can generally file the application without a lawyer. CitizenPath's self-directed service makes preparing Form I easy based on your refugee status. Designed by lawyers, our platform will help you eliminate the common errors that create delays, rejections and even denials.
The low-cost service also provides alerts if you answer a question in a way that might be a problem. To see the typical forms and costs of a complete adjustment of status package, view the adjustment package fees. The online service is a powerful, do-it-yourself tool that puts you in control.
We're going to ask you a few questions to make sure you're eligible and preparing the correct form. Our software will guide you through the I application using simple step-by-step instructions. Eligible refugees may adjust status to permanent resident by filing Form I, Application to Adjust Status.
Additional forms may also be required. Refer to our adjustment of status fee page for a list of typical forms and costs. In addition to Form I, applicants will need to submit the USCIS fees, proof of refugee status, evidence of one-year presence, passport-style photos, a copy of your passport if available , a copy of your birth certificate if available and medical exam.
Want help? In addition to your prepared form, CitizenPath provides you with a set of personalized filing instructions. Our filing instructions are customized to your answers in the application so you know what to do for your specific situation.
The filing instructions provide detailed directions on supporting documents, how to organize your application, and where to mail it. You can anticipate that adjusting status to permanent resident will take about 8 to 14 months for most refugee-based green card applications.
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