Claim for Asylum and Refugee status is a prevalent topic under United States Immigration. As of February 2010 29,242 refugees were admitted into the United States[1]. According to a statistical report by the UNHCR, the United Nations refugee Agency, 49,000 Asylum claims were made in the United States in 2009, making it the top destination country accounting for 13% of total asylum claims.[2]
According the definition set forth by the Immigration and Nationality Act Section 101(2)(42) “refugee” applies to individuals who are currently located outside the U.S., outside their home country unable or unwilling to return due to well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion, or another special circumstance appropriated by the U.S. President. An asylee must meet the same definition of refugee, except, must currently be physically present in the U.S.
Below, there is an outline of the basic procedures for obtaining Refugee and Asylum status according to U.S. Law
Refugee
- Referral to the USRAP, United States Refugee Admissions Program. The USRAP produces a determination, to be signed by the President, that outlines admission levels and allocations for refugees
- Interview with a USCIS Officer in order to determine eligibility. Children and spouses that are included in the case should be present at the interview. A candidate must also meet criteria for admission into the U.S. based on criminal, health, and security standards.
- After being granted refugee status and arriving in the U.S., a refuge can file the appropriate paperwork to bring family members into the country. This is done by filing I-730 “Refugee/Asylee Relative Petition” for family members abroad so that they may receive the same classification or an Affidavit of Relationships for refugee family members.
- An Employment Authorization Document (EAD) if filed for admitted refugees. Refugees may use for I-94 “Arrival/Depart Record” to validate their ability to be employed.
- Green Card Application—refugees can apply for permanent residence within one year of admittance into the U.S. using form I-485 “Application to register Permanent Residence of to Adjust Status”
Asylum: The asylum process can be either affirmative or defensive in nature. In a defensive process is appropriate when the individual is currently in immigration court for removal proceedings due to ineligibility or some form of legal issue with the applicant or documentation.
The affirmative process
- Within one year of being present in the U.S. file I-589 “Application for Asylum and for Withholding Removal”
- Fingerprinting and security check is performed by the USCIS
- Interview with an Asylum Officer. Applicants must bring their spouse and children and may be represented by an attorney during the interview
- There are for types of Asylum Decisions that Applicants may receive:
à Grant of asylum: receive I-94 “Arrival departure record” and become eligible for Employment authorization Documents, social security card, green card and immigration benefits.
à Referral to an immigration court: if candidate is in the US illegally and case is submitted for further review by issuing form I-862 “Notice to Appear” for an evaluation by an Immigration Judge
à Recommended approval: applies to applications pending background security checks. May apply for work authorization while final decision is pending.
à Notice of intent to deny (NOID): applicants ineligible for asylum status but are legally present in the US. are given a 16 day period to adjust their claim/evidence before final decision is administered
à Final Denial: follows NOID if found ineligible, not subject to appeal, but may reapply at a later time.
- Asylees are able to work as soon as they are granted the classification.
- Green Card Application—asylees can apply for permanent residence after one year in U.S. using form I-485 “Application to register Permanent Residence of to Adjust Status”
[1] http://www.cal.org/co/refugee/statistics/index.html
[2] http://www.unhcr.org/4ba8d8239.html
