ASYLUM

For a person to be considered a refugee or asylee:

1. the person must have suffered past persecution or fear future persecution;
2. the fear must be well founded;
3. the persecution must be on account of race, religion, nationality, membership in a particular social group or political opinion; and
4. the person must be unable or unwilling to return to his country of nationality or to the country in which he last habitually resided because of persecution or his well founded fear of persecution.

Each of these requirements have legal parameters as determined by regulations and case law.  To determine whether you qualify, please read on, or call our office to discuss your case and whether you may qualify for political asylum.

 Who is Eligible to Apply? Asylum and Refugee Status

Asylum status may be granted to people who are arriving in or already physically present in the United States. To apply for asylum in the United States, you may ask for asylum at a port-of-entry (airport, seaport, or border crossing), or file an Application for Asylum and for Withholding of Removal, at the appropriate Service Center within one year of your arrival in the United States. You may apply for asylum regardless of your immigration status, whether you are in the United States legally or illegally.

You must apply for asylum within one year of your last arrival in the United States, but you may apply for asylum later than one year if there are changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances directly related to your failure to file within one year. These may include certain changes in the conditions in your country, certain changes in your own circumstances, and certain other events. For a non-exhaustive list of circumstances that may be considered changed or extraordinary circumstances, see 8 CFR § 208.4. You must apply for asylum within a reasonable time given those circumstances.

You will be barred from applying for asylum if you previously applied for asylum and were denied by the Immigration Judge or Board of Immigration Appeals, unless you demonstrate that there are changed circumstances which materially affect your eligibility for asylum. You will also be barred if you could be removed to a safe third country pursuant to a bilateral or multilateral agreement.

Refugee status may be granted to a person who has fled his home country but is outside the United States at the time of his application.You must receive a referral to the U.S. Refugee Admissions Program (USRAP) for consideration as a refugee. 

USRAP Consultations and Worldwide Processing Priorities” : Annually, processing priorities (for definition see the “Glossary” link to the right) are established to determine which of the world’s refugees are of special humanitarian concern to the United States. Fulfilling a processing priority enables a refugee applicant the opportunity to interview with a USCIS officer, but does not guarantee acceptance.

Process PrioritiesThe priorities currently in use are:

• Priority 1: Cases that are identified and referred to the program by the United Nations High Commissioner for Refugees (UNHCR), a United States Embassy, or a designated non-governmental organization (NGO). 
• Priority 2: Groups of special humanitarian concern identified by the U.S. refugee program.
• Priority 3: Family reunification cases (spouses, unmarried children under 21, and parents of persons lawfully admitted to the United States as refugees or asylees or permanent residents (green card holders) or U.S. citizens who previously had refugee or asylum status). For information on the current nationalities eligible for Priority 3 processing, see the “U.S. Department of State” link to the right.

Refugees must generally be outside their country of origin, but the US can process some individuals in their home countries if authorized by the President.

If you receive a referral, you will receive help filling out your application and then be interviewed abroad by a USCIS officer who will determine whether you are eligible for refugee resettlement.  For more information about eligibility, see the “Refugee Eligibility Determination” link to the right.

Your case may include your spouse, child (unmarried and under 21 years of age), and in some limited circumstances, other family members.  If your case is referred to the USRAP, you will receive help filling out your paperwork. You will be interviewed abroad by a USCIS officer who will determine whether you are a refugee.

There is no fee to apply for refugee status. The information you provide will not be shared with your home country.

Adjustment of Status to Permanent Resident After Being Granted Asylum

You may apply for a green card one year after being granted asylum. To apply for a green card, file a Form I-485, Application to Register Permanent Residence or to Adjust Status, along with all supporting documents proving your eligibility. You must submit a separate I-485 application packet for yourself and, if applicable, for each family member who received derivative asylum based on your case.

Please call our office if you would like assistance with the process.

Temporary Protected Status

Temporary Protected Status (TPS) is a temporary immigration benefit that allows qualified individuals from designated countries (or parts of those countries) who are in the United States to stay here for a limited time period. A country may be designated for TPS by the Secretary of Homeland Security based on certain conditions in the country that temporarily prevent the country’s nationals from being able to return safely, or in certain circumstances, the country’s government from being able to handle their return adequately. A TPS country designation may be based on on-going armed conflict, environmental disaster, or other extraordinary and temporary conditions in the country.