How to Claim Refugee Status in the US
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.
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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.
Instructions
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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.
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You will need to document the events in an essay describing the events that led to your running away from your country.
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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.
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You will then have to fill out form I-589. Follow the instructions and fill out the form carefully.
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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.
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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.
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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.
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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
- Photo Credit World Refugee Day- UNHCR
