1. What is the process for applying for refugee or asylee status?
The process for applying for refugee or asylee status begins with a refugee or asylee applicant submitting a complete application package to the United States Citizenship and Immigration Services (USCIS). The application package typically includes forms, supporting documents, and a fee. After the application is reviewed, an in-person interview is scheduled with the USCIS. During the interview, an adjudicator will ask questions to help determine whether the applicant meets the eligibility criteria for refugee or asylee status. If the applicant is approved, they may be eligible to adjust their status to that of a lawful permanent resident.
2. How long does it take for a refugee or asylee case to be processed?
The processing time for a refugee or asylee case can vary depending on the individual’s circumstances. Generally, the process can take anywhere from several weeks to several months, or even years in some cases.
3. Who is eligible for refugee or asylee status?
People who have been persecuted or fear that they will be persecuted for reasons of race, religion, nationality, membership in a particular social group, or political opinion are eligible for refugee or asylee status. People meeting any of these criteria must be outside of their home country in order to be eligible for refugee or asylee status.
4. What documents are required to apply for refugee or asylee status?
In order to apply for refugee or asylee status, you will need to provide the following documents:
1. A complete and signed USCIS Form I-590, Application for Asylum and for Withholding of Removal.
2. Evidence of the applicant’s identity, such as a passport or official identity document from the country of origin.
3. Documents showing persecution or fear of persecution in the applicant’s home country, such as affidavits from people who witnessed the persecution or from a lawyer who has worked on similar cases.
4. Documentation showing that the applicant meets the definition of a refugee (as defined by law and policy) or is eligible for asylum.
5. Evidence of any other factors that may support the application, such as medical records, photographs, police reports, newspaper articles, or other documents that demonstrate a well-founded fear of persecution.
6. Any supplementary documents, such as evidence of travel to or from the United States, proof of how long the applicant has been in the United States, and evidence of an intent to remain permanently in the United States.
5. What type of information is required for a successful refugee or asylee application?
The type of information required for a successful refugee or asylee application depends on the individual’s circumstances, but generally includes documents proving identity, nationality, and/or citizenship; proof of the need for protection; medical records and health reports; and other evidence of persecution or fear of persecution. Applicants may also need to provide evidence of their ties to the US, such as family members, employment history, or educational qualifications.
6. When should a refugee or asylee application be filed?
A refugee or asylee application should be filed as soon as possible upon arrival in the United States. If the applicant is already in the United States, they should file their application as soon as they become aware that they may qualify for refugee or asylum status.
7. What is the difference between asylum and refugee status?
Asylum is a form of protection granted by the government to individuals fleeing persecution in their home countries based on their race, religion, political opinion, nationality, or membership in a particular social group. Refugee status is a form of protection granted to people who are outside their home countries and are unable or unwilling to return due to a fear of persecution based on one of the five grounds mentioned above.
8. How is the credibility of a refugee or asylee application evaluated?
The credibility of a refugee or asylee application is evaluated based on a variety of factors, including the individual’s testimony, corroborating evidence, and any inconsistencies in their story. The USCIS will also consider cultural and country-specific information when considering the credibility of an application. Additionally, an interpreter may be present during the interview process to ensure accuracy and full understanding of the application.
9. Are there any special considerations for applicants with medical issues or disabilities?
Yes. Applicants with medical issues or disabilities can contact their local Social Security office to discuss any special considerations that may apply to their situation. Depending on the severity of the medical issue or disability, applicants may be eligible for an expedited application process, additional benefits, or other accommodations.
10. How can family members be included in a refugee or asylee application?
Family members can be included in a refugee or asylee application by filing a Form I-730, Refugee/Asylee Relative Petition. This form must be filed by the refugee or asylee on behalf of their family members. The form must include evidence of the familial relationship, as well as proof that the family member meets the definition of a “refugee” or “asylee” under US law.
11. Are there any special considerations for applicants who have been victims of persecution or violence?
Yes, many countries have specific provisions or processes available to help individuals who have been victims of persecution or violence. In the U.S., for example, individuals may be eligible for asylum or refugee status based on a past persecution or fear of future persecution. It is important to contact a lawyer or other legal expert to learn more about the specific requirements and processes available in the country you are applying to.
12. Can an individual have both refugee and asylee status at the same time?
No, an individual cannot have both refugee and asylee status at the same time. The two statuses are distinct and mutually exclusive.
13. What happens to an individual who is denied refugee or asylee status?
The individual will be deported and returned to their country of origin. However, some individuals may be able to appeal the decision and have it reversed.
14. Can a refugee or asylee application be approved without an interview?
Yes, a refugee or asylee application can be approved without an interview. However, interviews are highly recommended and are usually conducted to determine eligibility and to verify the information provided in the application. Additionally, the United States Citizenship and Immigration Services (USCIS) may waive interview requirements in certain circumstances.
15. Is it possible to extend the length of time that a refugee or asylee can remain in the US?
Yes. Refugees and asylees can apply for permanent residence and continue to remain in the US. In addition, certain refugees and asylees may be eligible for extensions of their nonimmigrant stay in the US.
16. Is humanitarian parole available for refugees and asylees?
Yes, humanitarian parole is available for refugees and asylees in certain cases. This type of parole can be granted to people who are already in the United States and who are in need of urgent medical care or other humanitarian reasons. In order to be eligible for humanitarian parole, the individual must demonstrate that they are facing extreme hardship or an emergency situation that needs to be addressed. To apply, individuals must submit a Form I-131 application, supporting documentation, and a fee.
17. Are there any special requirements for those applying to travel outside the US while they are refugees or asylees?
Yes. According to the U.S. Citizenship and Immigration Services (USCIS), individuals who are refugees or asylees must obtain travel authorization from the USCIS before traveling abroad. This authorization is known as an Advance Parole document. The document is valid for one year and allows the individual to reenter the United States after traveling abroad. Individuals must apply for Advance Parole before leaving the United States and must have an approved application before departing.
18. Are there any special requirements for those applying to work in the US while they are refugees or asylees?
Yes, there are special requirements for those applying to work in the US while they are refugees or asylees. Applicants must obtain an Employment Authorization Document (EAD) from U.S. Citizenship and Immigration Services (USCIS). This document allows refugees and asylees to work in the United States for a specific period of time. Applicants must also provide evidence of their refugee or asylee status and proof of their identity. In addition, the employer must complete the Form I-9 and may also need to verify the employee’s identity and employment authorization status with USCIS.
19. What is the process of naturalization for refugees and asylees?
The process of naturalization for refugees and asylees is similar to that for other immigrants. The key difference is that refugees and asylees are generally eligible for naturalization after five years of U.S. residence, rather than the normal five years of lawful residence. Individuals must meet all the requirements for naturalization, including being a person of good moral character, demonstrating knowledge or civics, being 18 years or older, and being able to speak, read, and write basic English. Additionally, the applicant must have been a permanent resident for at least five years and have resided continuously in the United States (with some exceptions).
Finally, applicants must pass a U.S. history and civics test, unless they are exempt because of age or disability. The test covers U.S. history and systems of government, such as the Constitution and the Bill of Rights. After the applicant successfully completes all of these requirements, they may submit an application for naturalization with U.S. Citizenship and Immigration Services (USCIS).
20. Are there any additional benefits available to refugees and asylees in the US?
Yes, depending on the circumstances, refugees and asylees may be eligible for the same benefits as U.S. citizens, including access to healthcare, education, employment assistance, and other social services. Additionally, refugees are eligible for some special programs and services that are not available to U.S. citizens, such as Refugee Cash Assistance and Refugee Medical Assistance. There are also efforts underway in some states to educate refugees and asylees about their rights and how to access services.