Refugee & Political Asylum
Applicants:
Refugee
and political asylum applicants
are those who are unable or unwilling
to return to their
country of last residence.
This is due to actual past persecution
or a well-founded
fear of future persecution
by the Government or groups that the Government
is unable or unwilling
to control.
The persecution or
the fear of persecution
is country specific
and has to be on
account of the following: race,
religion, nationality,
membership in a particular social
group or political opinion. Membership
in a particular social
group can encompass
persecution based on gender, homosexuality,
ethnicity, and
mental or physical
disabilities. Actual persecution
need not be shown,
but the applicant must show
that similar persons are being
persecuted and the
applicant is a member of that
group.
Refugee and asylum applicants are
similar yet differ in key aspects.
To apply for refugee
status one must be
physically outside the U.S. A quota
set by the U.S. government each year limits the number of refugees. (If
the quota is filled one may be
admitted as a parolee
without a visa).
Refugees must have a financial sponsor inside
the U.S. who will pay the
cost of
travel to the U.S. and support
the refugee once
he/she is here.
Asylum applicants have no quota.
There is no need to show a financial
sponsor. Otherwise
the qualifying requirements are the
same as for a
refugee. To apply for asylum the applicant must be physically present
in the U.S. If
an application for asylum is made upon entry to the U.S. there will be
a “credible
fear interview” to determine if the applicant has a prima facie case
of asylum. If the applicant passes the interview, the case will proceed
as a normal asylum case. If the applicant fails the interview, a hearing
may be
requested within seven days before an Immigration Judge or the applicant
may be deported. Most asylum applicants are held in detention pending
a decision although a request for release on bond can be made.
As of April 1, 1997
asylum applicants
must file for Political Asylum within one year of entry to the
United States
with two exceptions:
- changed circumstances
in the country
that the
applicant would seek asylum from; and
- extraordinary
circumstances
including
events or
factors beyond
the
applicant’s
control
which prevented
the applicant
from filing
within one
year.
Refugees will be subjected to an USCIS
interview in which USCIS will attempt to
verify the information provided. Asylees
are also subject to this second interview.
Work authorization will be granted if
the asylum application is approved. Work
authorization can also be applied for
if the asylum application is pending without
a hearing for more than 150 days. Applicants
that file for asylum today are considered “expedited” and
will most likely
have their cases heard within 150 days
of the date of filing.
Work authorizations
are valid for one year at a time.
Once employment authorization is granted,
the applicant can apply for a Social Security
number and a driver’s license in the
United States, depending upon the specific
requirements of their state. Spouses and
children
under 21 will be granted the same status upon proof of the family
relationship. With this authorization, spouse
and children can work in the U.S.
After one year, asylees and refugees may
apply for Lawful Permanent Residency: the “green card”. If the applicant leaves the United States while
the asylum or “ green card” application is pending, it will
be presumed an abandonment of the application unless Advanced Parole, or
travel
permission, is received. However, the new laws on unlawful
presence may prevent one from re-entering the United States or from adjusting
status within the
United States. Therefore, applicants should not leave
the U.S.
If the application for refugee status is
not granted, one
may apply again. There is no right to appeal
to U.S.
Courts and there is no formal
appeal process.
If one is denied asylum a Notice to Appear will
be issued where an
Immigration Judge may reconsider the claim.
If denied, an appeal may be
taken to the Board
of Immigration Appeals in Virginia and, from
there, to the U.S.
Circuit Court of Appeals.
For more information regarding
asylum click here:
http://uscis.gov/graphics/services/asylum/index.htm
For more information regarding refugees
click here: http://uscis.gov/graphics/services/refugees/index.htm
Temporary Protected
Status:
The TPS statute and USCIS regulations
provide eligible aliens from designated
countries a temporary stay of removal
and employment authorization for the designated
TPS period and for any periods of extension.
TPS does not lead to permanent resident
status. When a TPS designation ends, beneficiaries
revert to the immigration status they
had prior to TPS (unless that benefit
has expired or been terminated) or to
any other status they may have been granted
while in TPS.
For a current listing of
countries
that are offered
TPS and more information click here: http://uscis.gov/graphics/services/tps_inter.htm
Please see
our NEWS section for current updates
concerning
this important benefit.
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