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How to Claim Refugee Status in the US

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By Bukie
eHow Contributing Writer
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Iraq—A refugee family lives on the side of the road in Kurdistan, 1991
Iraq—A refugee family lives on the side of the road in Kurdistan, 1991

A refugee is a person unable or unwilling to return to his or her native country due to a well-founded fear of persecution or because the person's life or freedom would be threatened. To apply for refugee status, the applicant must be physically located outside the United States. Individuals already physically present in the U.S. may apply for asylum, provided they meet the definition of a refugee and are not barred by law from applying for or being granted asylum.

Difficulty: Moderate
Instructions

Things You'll Need:

  • Eligibility
  • Application Form I-589 ( Application for Asylum and for Withholding of Removal)
  • 1 passport photograph
  • 3 copies of passport or travel documentation
  • 3 copies of other identification( birth certificate, identification card, military ID)
  • Evidence of the condition of your country from which you fled
  • A documentated essay on events leading to your fleeing.
  1. Step 1
    Hungarian Refugees in 1956
    Hungarian Refugees in 1956

    To be eligible to apply for asylum as a refugee, you must establish that you are a refugee who is unable or unwilling to return to his or her country of nationality because a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion.

  2. Step 2
    A refugee camp in Rwanda
    A refugee camp in Rwanda

    You will need to document the events in an essay describing the events that led to your running away from your country.

  3. Step 3
    A refugee camp in Saigon, Vietnam  in 1968
    A refugee camp in Saigon, Vietnam in 1968

    Collect information about the general condition of your country at the present time. These are usually news articles or even letters from family members giving you an update of the current situation.

  4. Step 4
    Kurukshetra, India—A refugee camp, 1947
    Kurukshetra, India—A refugee camp, 1947

    You will then have to fill out form I-589. Follow the instructions and fill out the form carefully.

  5. Step 5
    Albania-Kosovar refugees flee to Albania through the Marine checkpoint in the region of Kukës, 1999
    Albania-Kosovar refugees flee to Albania through the Marine checkpoint in the region of Kukës, 1999

    Send your application along with your documented essay, passport photographs, copies of your passport or travel documents and identification card to the United States Citizen and Immigration Services.(USCIS) that has jurisdiction over the area where you live. This information is in the instructions for Form I-589.

  6. Step 6
    Central America—Refugees, 1988
    Central America—Refugees, 1988

    You will then be called in for an interview with an asylum officer. This is usually to verify that your story corroborates with the information you submitted. If the asylum officer finds that your claim is false or has reason to doubt your story, your claim will be denied and you will be referred immediately for deportation proceedings back to your country.

  7. Step 7
    Zaire—A soldier carries a child who is a victim of the civil war in Rwanda, 1994
    Zaire—A soldier carries a child who is a victim of the civil war in Rwanda, 1994

    If the asylum officer grants your claim, you may file for Permanent Residency after one year. You will submit form (I-485) and supporting documents as well as have another interview with the USCIS.

Tips & Warnings
  • Ensure that you know and learn what you documented in the submitted essay. Any hesitance could lead to your claim being denied.
  • Fill out your I-589 correctly and submit all necessary documentation to the correct USCIS office that has jurisdiction over your area. By so doing you avoid having your form being returned to you and ensure that your claim is worked on in a timely manner.
  • If you are applying for asylum and wish to travel outside the U.S., you will need to get advance permission from the USCIS so as to be able to re-enter the U.S. This is called Advance Parole. You will have to fill out an advance parole application( form I-131). Permission to travel may be granted or denied.
  • In the event that you leave the country without applying for advance parole, you may not be permitted to re-enter the country and your application for asylum will be denied.
Resources

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