Refugees and Asylees

Who is a "refugee"?

A refugee is a person outside the United States who cannot return to his or her country because of fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion or is of special humanitarian concern to the United States. The refugee must be admissible under U.S. immigration laws, although waivers can be granted to those seeking refugee status. And the person seeking refugee status cannot be resettled in another country.

How do I apply as a refugee?

Contact the nearest U.S. Embassy or Consulate to discuss your situation to determine if you are eligible to apply for resettlement in the United States. If so, the USCIS will provide you with numerous forms to complete and conduct an interview to determine if you qualify for refugee status. If the USCIS determines that you should be resettled in the United States as a refugee, the State Department will complete your processing.

I want to apply for refugee status with the United States. Will my spouse and children be able to immigrate to the United States if I am accepted?

Yes, spouses or any unmarried children under the age of 21 may be included in your application as derivatives of your own refugee application. An "accompanying derivative" is a child or spouse who is with you when you are admitted into the United States as a refugee, or a child or spouse who joins you within 4 months after you are admitted into the United States as a refugee.

I have been living in the United States for 6 months as a refugee. Can my spouse and children now join me?

Yes, you can apply for derivative refugee benefits for your spouse or child. A "following-to-join derivative" is a child or spouse that joins you more than 4 months after you are admitted into the United States as a refugee. But you must apply for their entry within 2 years of your admission to the United States. The relationship between you and your spouse and your child must have existed when you were admitted as a refugee and must continue to exist when you file the USCIS Form I-730, Refugee/Asylee Relative Petition and when they are admitted to the United States. Mail the Form I-730 and all required supporting documents to the Nebraska Service Center:

Nebraska Service Center

P.O. Box 87730

Lincoln, NE 68501-7730

I sent in a petition for my spouse and child but have not heard anything. What should I do?

If you filed USCIS Form I-730, Refugee/Asylee Relative Petition, on your spouse or child's behalf, contact the Nebraska Service Center at 800.375.5283. Be prepared to provide specific information about your application.

Caution: To maintain your refugee status, you cannot travel outside of the United States unless you obtain permission to return before you leave the country. To do this, you must apply for a "refugee travel document."

I entered the United States as a refugee and want to stay here permanently. Do I need to file different paperwork?

You can apply for permanent resident status 1 year after being admitted to the United States as a refugee if you are eligible to receive an immigrant visa and one is immediately available. You will be counted as an immigrant as of the date of adjustment. You must have a sponsor file a petition or application on your behalf just as you would if you had applied for a green card instead of a temporary visa. Once the application is approved, the USCIS will contact your sponsor and you will be given an immigrant visa number. Once you are given an immigrant visa number, you can apply to adjust to permanent resident status using Form I-485. The form is available on the USCIS Web site. The Web site also contains detailed information on how to file the form and what supporting documents are needed.

I need to work to support myself, but I am not sure if I need to apply for a work permit as a refugee.

Your refugee status authorizes you to work in the United States but you will need to have an employment authorization document (EAD). You will need to apply using a USCIS Form I-765, Application for Employment Authorization, to receive a USCIS Form I-766, Employment Authorization Document. You can use the USCIS Form I-94, Arrival-Departure Record, which was issued to you on your arrival in America while waiting for your EAD.

What is "asylum"?

"Asylum" and "refugee" status differ depending on where you apply. If you are already in the United States or at a U.S. port-of-entry, you apply for asylum status if you meet the definition of a refugee, meaning you cannot return to your country because of fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion or be of special humanitarian concern to the United States.

What form do I use to apply for asylum?

You can ask for asylum at a port-of-entry or file USCIS Form I-589, Application for Asylum and for Withholding of Removal, at the appropriate Service Center within 1 year of arriving in America. You cannot apply for asylum if you already applied for asylum and were denied, unless you prove a change in circumstances that materially affects your eligibility.

Can I still apply for asylum even if I am illegally in the United States?

Yes, you may apply even if you are here illegally. You may apply for asylum regardless of your immigration status as long as you file your application within 1 year of your last arrival, or demonstrate that you are eligible for an exception to that rule based on changed circumstances or extraordinary circumstances, and that you filed for asylum within a reasonable amount of time given those circumstances.

Do spouses and children qualify for asylum under my asylum application?

This can get tricky. You must list your spouse and all your children on the USCIS Form I-589 regardless of whether they are in the United States. If your spouse and unmarried children less than 21 years old are in the United States with you, you can have them included in your asylum decision. They will be granted asylum when your petition for asylum is granted. But if your petition is not granted, they are subject to removal proceedings.

Married children and children more than 21 years old at the time of your application must submit their own asylum applications. Once you are granted asylum, you may petition to bring your spouse and unmarried children less than 21 years old to the United States.

Who determines my eligibility for asylum?

An asylum officer or immigration judge will determine if you are eligible by evaluating whether you meet the definition of a refugee, based on the information you provide on your application and during your interview with an asylum officer or at a hearing before an immigration judge. There are many factors he or she will consider, including whether or not one of the bars found in the Immigration and Naturalization Act apply. These bars include the commission of a crime, acts of persecution against others, terrorist activities, or whether you were settled in a third country before arriving in the United States.

Will I have to have an interview regarding my asylum petition?

Yes. You should bring an interpreter if you cannot speak English, and you can bring an attorney if you want. If your spouse and children are included in your application, they must come to the interview. Bring a copy of your USCIS Form I-589 and other supplementary material that you originally provided with your application and any documents supporting your claim not already submitted. In most cases, you will return to the asylum office where your interview was held 2 weeks after the interview to pick up your decision.

My asylum petition was granted. What does this mean?

Once you petition is granted, you will receive a USCIS Form I-94, Arrival and Departure Record, stating that you can remain indefinitely in the United States as an asylee. You will be authorized to work in the United States for as long as you remain in asylee status.

Caution: If you want to travel outside the United States under asylum status, you must receive permission to return to the United States before you leave. This is called "advance parole." You will need to file a USCIS Form I-131, Application for Travel Document. You are presumed to have abandoned your asylum application if you do not apply for advance parole before leaving the country. In addition, you may not be allowed to return to the United States. If you return to your country of feared persecution, you are presumed to have abandoned your asylum request, unless you can show compelling reasons for the return.

Does my grant of asylum mean I have a green card?

No, but you may apply for lawful permanent resident status after you have been physically present in the United States for a period of 1 year after the date you were granted asylum status. To apply for lawful permanent resident status, you must submit a completed and signed USCIS Form I-485, Application to Register Permanent Residence or Adjust Status, for yourself and each qualifying family member to the Nebraska Service Center:

Nebraska Service Center

P.O. Box 87485

Lincoln, NE 68501-7485

Does my asylum status allow me to work in the United States?

You can work in the United States if you remain in asylum status. The USCIS will issue you an EAD on your grant of asylum. But asylees are authorized to work regardless of whether or not they are in possession of an EAD.

Can I lose my asylum status?

Yes. It can be terminated if you no longer have a well-founded fear of persecution, based on a fundamental change in your circumstances. It can also be terminated if you obtain protection from another country, or you commit certain crimes.