IMMIGRATION HELP PHILADELPHIA
Refugees and political asylees
When an individual has been persecuted or has a fear that they will be persecuted on the basis of race, nationality, religion, and/or membership of a particular social group or political opinion, it is possible that they can obtain refugee status or asylum. Refugee status can be granted only to people who meet the definition of a refugee and whom the United States has a special humanitarian concern for. A refugee has left their country and is either unable or unwilling to return home out of fear of serious harm. Specifically, USCIS defines refugee as follows: “The term "refugee" does not include any person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. For purposes of determinations under this Act, a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a person who has a well founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of political opinion.” One of the complications of obtaining refugee status is that it has to be done while you are outside of the United States. If you apply for refugee status and are approved, you will receive a medical exam and a cultural orientation. You will also be assisted with travel plans, and you will be given a loan for your trip to the United States. If you have been approved for refugee status and are already in the United States, it is also possible that you will be able to bring your family to join you in the United States. In order to do this, you will need to file form I-730, Refugee/Asylee Relative Petition. For more specifics on how to bring your family here, please contact us and we can explain it to you in more detail and help you with the process.
Asylum status is a form of protection available that is similar to refugee status. It is available to people who meet the definition of refugee, are already in the United States, and are seeking admission into the United States at a port of entry. To apply for asylum, you need to file an I-589, Application for Asylum and for Withholding of Removal. You must file this form within one year of arriving to the United States. There is no filing fee associated with this application. On this application, you are also permitted to include your spouse and children who are in the United States at the time you file. If you don’t include them when you apply, you are permitted to add them anytime up until a final decision ahs been made on your application. Your children must be under the age of 21 and unmarried in order to be included on the application. Please contact us for more information.
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