Fleeing Prosecution: Refugees and Asylees

Do you need petition for Asylum?

In general terms a refugee or asylum petition is initiated because of fear from a foreign national’s government. To be considered, the fear must be credible and the United States Citizen and Immigration Service (USCIS) along with United States Consulates abroad will investigate the matter thoroughly requiring substantiated evidence. We can assist you with your Asylum needs.

Refugees: Persons outside the United States who cannot return to his or her residence because of persecution or a well-founded fear of persecution on account of race, religion, nationality, political opinion or membership in a particular social group. If you think you qualify as a refugee contact us now.

If you are a foreign national, you must file I-590 application and Form G-325A, with Department of Homeland Security Officer abroad. As a part of the process you will be required to give fingerprints and have a medical examination. Once the Refugee’s application has been approved, he or she has only four months to migrate to the United States. A refugee who is admitted into the United States can adjust his or her status to Lawful Permanent Resident (LPR) after one year of continuous physical presence. Do you want to learn more about this?

Asylees: An asylee is a person who meets the past persecution or well-founded fear definition of a refugee under Immigration and Nationality Act (INA) section 101(a)(42), but is already physically present in the United States or is at a land border or port of entry of the U.S. at the time of seeking refugee status.

The general rule or standard is that the asylee must have a reasonable possibility of persecution. The asylee must have suffered past persecution such as a threat to life or freedom, or the infliction of harm, which is offensive in a way that is not normally tolerated. However, the fear can be of future persecution as long as it is genuine and well-founded. It is not necessary for the asylee to been the victim of physical injuries.

As with refugee status, the asylee’s persecution must be on account of race, religion, political opinion, nationality or membership in a particular social group. The asylee must be unable to return to their country of origin or to the country in which he or she last resided.

Asylum applicants will file an I-589 application along with applicable supporting documentation. Immediate family members are part of the application process. If the case is denied, an Immigration Judge will conduct a hearing to make a final determination.

A request for work authorization may be submitted (150) one-hundred and fifty days after the date on which a complete application as defined in 8 CFR 208.3(c)(3), 1208.3(c)(3) or 208(4) has been received by the Department of Homeland Security or Immigration Judge. If the asylum application is denied within the 150 days, the asylee is not eligible to apply for work authorization.

Asylees can apply for a green card after one year of continuous physical presence in the U.S. after grant of asylum.
This is important information for anyone seeking asylum in the United States.

A person requesting asylum status must do so before residing in the United States for (1) one-year or he she will be barred from applying for such status.