What is Refugee Status?
Refugee status may be granted to you as a form of protection in case:
- You meet the definition of refugee
- You are of special humanitarian concern to the United States
- You are located outside of your country (in most cases)
- You are unable or unwilling to return home because you fear persecution or harm
- You can demonstrate that you were persecuted or that you have a well-founded fear that you will be persecuted because of your race, religion, nationality, political opinion, or membership in certain social groups
- You can be admitted to the United States
- You may seek a referral for refugee status only from outside of the United States.
The list above contains the general requirements and may vary depending on each individual case, there may be requirements other than listed above.
What is Asylum Status?
Asylum status may be granted to you as a form of protection in case:
- You meet the definition of refugee
- You are located in the United States
- You are seeking admission at a port of entry
- Regardless of your place of birth or your current immigration status, you may be eligible to apply for asylum in the United States.
The list above contains the general requirements and may vary depending on each individual case, there may be requirements other than listed above.
Who is NOT eligible to apply?
You are not eligible for refugee status if:
- You have ordered, incited, assisted or otherwise participated in the persecution of any person on the basis of their race, religion, nationality, membership in a particular social group or political opinion;
- You were found to pose a threat to the United States;
- You fail to apply for asylum within one year of entering the United States
Am I allowed to work as a refugee/asylee?
Yes, asylees and refugees can apply for Work Permit.
Am I allowed to work as a refugee/asylee?
U.S. government fees are mandatory and nonrefundable.
- USCIS Refugee / Asylum Aplication filing fee: $0
The total cost can vary depending on each individual case. The figures above do not include attorney fees, professional assistance and translation fees, travel costs, securing needed documents, postage, etc. Government fees may change by the decision of the government.
Attorney fees usually start from $3,000
How to apply for Refugee Status?
To receive refugee status you must either be
- Referred to USRAP (The United States Refugee Admissions Program) by UNHCR (UN Refugee Agency), a U.S. Embassy, or a nongovernmental organization, or
- Start the application process with a Resettlement Support Center (RSC).
Next steps:
- Your application is reviewed by the Resettlement Support Centers (RSC); they gather your biographical information.
- You will have an interview scheduled with a USCIS Refugee Officer.
- You will go through medical exams.
- The RSC will request “sponsorship assurance” from a number of trusted community-based organizations.
- You will take a course on cultural orientation before coming to the United States.
How to apply for Asylum Status?
There are two types of asylum applications:
- Affirmative Asylum: If you are not in removal proceedings you may affirmatively apply for asylum through U.S. Citizenship and Immigration Services (USCIS) being present in the United States with a valid Visa. If you are not granted asylum and do not have a lawful immigration status, you will go through a hearing in the immigration court for removal proceedings, where you may renew your request for asylum through the defensive process and appear before an immigration judge.
- Defensive Asylum: If you are in removal proceedings, you may apply for asylum defensively through the defensive process with an immigration judge at the Executive Office for Immigration Review (EOIR) in the Department of Justice.
Is there a deadline?
One must apply for asylum within one year of their arrival in the United States.
You may be eligible to apply for a Green Card as an asylee / refugee if you were granted asylum status at least 1 year ago.
What documents are required?
- A copy of your official ID document with a photo
- A copy of any document showing your current status in the United States
- A copy of the biographic pages of your passport
-
Certified English translations of non-English documents (if applicable)
- Two passport-style photos taken not earlier than 30 days before the application
- If outside the United States, submit two identical color passport-style photographs of yourself taken within 30 days of filing this asylum application.
- Documents demonstrating either past persecution or that you have a “well-founded fear” of future persecution in your home country
- Proof of refugee or asylee status
The list may vary depending on each individual case, you may be requested additional documents other than listed above.
Application tips
- Submit your valid and up-to-date official documents
- Do not provide any false, misleading or fraudulent information
- Answer all of the questions honestly
- Avoid spelling mistakes
- Give all the information you can
Attorney advice
The information hereof is provided for information purposes only. Please consult an attorney if you have any doubts or questions. Feel free to contact us and one of our affiliate immigration attorneys will review your case.