Asylees and Refugees

If you are currently in the United States and you have a risk of persecution for your political opinion, or for belonging to a particular social group in your home country, you may be eligible to apply for asylum. If you currently outside the United States and face a similar danger of persecution you may be eligible to apply for protection by the United States as a refugee. In each case, we highlight the information that you will need to provide to prove your case for you to be given the protection you deserve.

Refugee

You may qualify for refugee status if you are outside the country of your nationality, and are unable or unwilling to return to that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

Any alien who believes he or she is a refugee as provided for in 8 CFR PART 207 may apply for admission to the United States by filing an application with the United States immigration Service office having jurisdiction over the area where the applicant is located. In those areas too distant from a Service office, the application may be filed at a designated United States consular office.

(a) Forms.

Each applicant who seeks admission as a refugee shall submit an individual Form I - 590 (Registration for Classification as Refugee)

(b) Hearing .

Each applicant 14 years old or older shall appear in person before an immigration officer for inquiry under oath to determine his/her eligibility for admission as a refugee.

(c) Medical examination .

Each applicant shall submit to a medical examination.

(d) Sponsorship .

Each applicant must be sponsored by a responsible person or organization. Transportation for the applicant from his/her present abode to the place of resettlement in the United States must be guaranteed by the sponsor.

Asylum

Basis of Eligibility

In order to qualify for asylum, you must establish that you are a refugee who is unable or unwilling to return to his or her country of nationality, or last habitual residence in the case of a person having no nationality, because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion. This means that you must establish that race, religion, nationality, membership in a particular social group or political opinion was or will be at least one central reason for your persecution or why you fear persecution. The US law that provides for the asylum benefit for persecuted aliens is 8 CFR PART 208. If you are granted asylum, you and any eligible spouse or child included in your application will be permitted to remain and work in the United States and may eventually adjust to lawful permanent resident status.

Evidence That You Should Submit

You should submit reasonably available corroborative evidence showing

(a) the general conditions in the country from which you are seeking asylum and

(b) the specific facts on which you are relying to support your claim.

Supporting evidence may include, but is not limited to, newspaper articles, affidavits of witnesses or experts, medical and/or psychological records, doctors' statements, periodicals, journals, books, photographs, official documents or personal statements or live testimony from witnesses or experts.

Warning on Frivolous Applications

You are again reminded that, if is determined that you have knowingly made a frivolous application for asylum, you can be permanently ineligible for any benefits under the Immigration and Nationality Act.

Affirmative asylum process

The affirmative asylum process is generally a ‘friendly’ process, for individuals that are not in removal proceedings, and have applied for asylum within a year of arriving in the United States. They do not apply to those asylum-seekers who are in removal proceedings before an Immigration Judge. The following points summarize the affirmative asylum process, for details refer to the Asylum Procedure manual from the US Citizenship and Immigration Services website. http://www.uscis.gov/files/nativedocuments/AffrmAsyManFNL.pdf

Step One: Asylum-Seeker Arrives in the United States

An asylum-seeker may apply for asylum while physically present in the United States or at a port of entry, regardless of the individual’s immigration status.

Step Two: Asylum-Seeker Applies for Asylum

Asylum applications must be filed within one year after the individual’s arrival in the United States, unless the individual can demonstrate “changed circumstances” that materially affect eligibility for asylum or “extraordinary circumstances” relating to the delay in failing to apply for asylum within one year. The asylum-seeker must apply for asylum within a reasonable time given those circumstances.

An asylum-seeker may be ineligible to apply for asylum if he or she previously applied for asylum and was denied asylum by the Immigration Judge or Board of Immigration Appeals unless he or she can demonstrate the existence of changed circumstances which materially affect his or her eligibility for asylum.

To apply, an asylum-seeker will need to complete Form I-589, Application for Asylum and for Withholding of Removal, and must mail a completed application package to the Service Center that has jurisdiction over the individual’s place of residence. Once the Service Center has received the completed application, the Service Center will send the applicant a notice acknowledging receipt of the application.

An asylum-seeker may ask for derivative asylum status for his or her spouse and children who are physically present in the United States. The child must be under 21 years of age at the time the asylum-seeker files the application and unmarried.

Step Three: Applicant is Fingerprinted and Background Security Checks Conducted

USCIS will send a notice to any applicant between 14 and 79 years of age to go to an Application Support Center or authorized Designated Law Enforcement Agency to have his or her fingerprints taken. The fingerprints will be sent to the Federal Bureau of Investigation (FBI) for a background/security check. The FBI will send those results to USCIS.

A copy of the application will be sent to the U.S. Department of State for a background/security check. The asylum-seeker’s biographical information will also be sent to the Federal Bureau of Investigation (FBI) and the Central Intelligence Agency (CIA) for a background check, and Immigration will check other law enforcement databases with the asylum-seeker’s biographical information.

Step Four: Applicant Receives Interview Notice

The applicant will then be scheduled for an interview with an Asylum Officer, either at one of the eight asylum offices, or at a district office, depending on the applicant’s residence, as specified on instructions to completing form I-589.

Step Five: Applicant is interviewed by an Asylum Officer

An applicant has the right to bring an attorney or accredited representative to the interview. An applicant must bring any spouse and/or children who are included as dependents in the asylum decision. An applicant who does not speak English fluently must bring an interpreter to the interview. The interpreter must be at least 18 years old and cannot be the applicant’s representative or attorney of record, a witness testifying on the applicant’s behalf, or an employee or representative of the applicant’s home country.

The applicant will be asked to take an oath promising to tell the truth during the interview. The Asylum Officer will verify the applicant’s identity and ask the applicant basic biographical questions. The Asylum Officer will ask the applicant about the reasons he or she is applying for asylum. The Asylum Officer will also ask the applicant questions to determine if he or she meets the definition of a refugee and whether any bars apply to being granted asylum. Regulations protect the confidentiality of the information the applicant provides to the Asylum Officer. The applicant and his or her attorney or representative will have time at the end of the interview to make a statement or add any additional information. A decision will not be made at the asylum interview.

Step Six: Asylum Officer Makes Determination on Eligibility and Supervisory Asylum Officer Reviews the Decision

An applicant must be a refugee in order to be eligible for asylum. The applicant must be:

· unable or unwilling to return to or avail himself or herself of the protection of the country of his or her nationality or, if stateless, the country where he or she last habitually resided

· because of persecution or a well-founded fear of persecution.

· on account of race, religion, nationality, membership in a particular social group, or political opinion.

An applicant who establishes past persecution or a well-founded fear of persecution on account of resistance to a coercive population control (CPC) program is considered to have established persecution on account of political opinion. These include, but are not limited to, applicants who were forced to abort a pregnancy or undergo involuntary sterilization, or those who failed or refused to undergo these procedures.

A Supervisory Asylum Officer will review the decision. Certain cases, such as those involving possible persecutors, are referred to the Asylum Division Headquarters for review.

Step Seven: Applicant Receives Decision

In most cases, the applicant will be required to return to the asylum office two weeks after the interview to receive a decision on the application. If USCIS has decided that the applicant is eligible for asylum, the applicant will either be given a final approval letter.

If USCIS has decided that the applicant is not eligible for asylum, the applicant will either be referred to Immigration Court or will receive a Notice of Intent to Deny asylum. This depends on whether the applicant appears to be in the United States illegally. If the applicant is not in lawful status in the United States, the asylum office will issue the applicant charging documents that place him or her in removal proceedings in Immigration CourtThe asylum office will also refer the asylum application to the Immigration Courtfor an Immigration Judge to decide during the removal proceedings. The applicant will be given the date, time, and place of the hearing when the applicant returns to the asylum office to receive the asylum decision.
The asylum office will also refer the asylum application to the Immigration Courtfor an Immigration Judge to decide during the removal proceedings. The applicant will be given the date, time, and place of the hearing when the applicant returns to the asylum office to receive the asylum decision.

If the applicant is in lawful status, the asylum office will not refer the asylum application to the Immigration Court Instead, the asylum office will send the applicant a Notice of Intent to Deny explaining the reasons the applicant has been found ineligible for asylum. The applicant will be given 16 days to provide a response before the final decision is made. After reviewing the applicant’s response, if one is sent, the asylum office will either approve the asylum application (based on the response) or deny it (if the response does not overcome the reasons the applicant was found ineligible for asylum).

Defensive Asylum process

Asylum-seeker has been placed in removal proceedings in Immigration Court

Asylum-seeker:

· Is referred by an Asylum Officer

· Is placed in removal proceedings for immigration violations, or

· Tried to enter the U.S. at a port-of-entry without proper documents and was found to have a credible fear of persecution or torture

Immigration Judges with the Executive Office for Immigration Review (EOIR) hear asylum applications only in the context of “defensive” asylum proceedings. That is, applicants request asylum as a defense against removal from the United States. Immigration Judges (IJs) hear such cases in adversarial (court-room-like) proceedings: the IJ is the judge that hears the applicant’s claim and also hears any concerns about the validity of the claim raised by the Government, which is represented by an attorney. The IJ then makes a determination of eligibility. If the applicant is not found eligible for asylum, the IJ determines whether the applicant is eligible for any other forms of relief from removal and, if not, will order the individual removed from the United States.

Asylum-Seekers and Expedited Removal

Most undocumented migrants stopped by immigration officials at a U.S. port-of-entry (POE) may be subject to expedited removal. This means that, for persons other than genuine asylum seekers, refusal of admission and/or removal from the United States can be effected quickly. However, some of the individuals arriving at an Immigration POE without proper documentation are genuine asylum-seekers fleeing persecution in their home country. Because of the circumstances of their flight from their homes and departure from their countries, they may arrive in the U.S. with no documents or with fraudulent documents obtained as the only way out of their country.

Any person subject to expedited removal who raises a claim for asylum – or expresses fear of removal – will be given the opportunity to explain his or her fears to an Asylum Officer. Recognizing that some refugees may be hesitant to come forward with a request for protection at the time of arrival, immigration policy and procedures require Inspectors to ask each individual who may be subject to expedited removal the following series of “protection questions” to identify anyone who is afraid of return:

· Why did you leave your home country or country of last residence?

· Do you have any fear or concern about being returned to your home country or being removed from the United States?

· Would you be harmed if you were returned to your home country or country of last residence?

· Do you have any questions or is there anything else you would like to add?

If the individual expresses a fear of return, the individual is detained and given an interview by an Asylum Officer. The role of the Asylum Officer is as an Asylum Pre-Screening Officer (APSO) who interviews the person to determine if he or she has a credible fear of persecution or torture. This is a standard that is broader -- and the burden of proof easier to meet -- than the well-founded fear of persecution standard needed to obtain asylum. Those found to have a “credible fear” are referred to an Immigration Judge to hear and then judge their asylum claims. This places the asylum seeker on the “defensive” path to asylum.

Complete form I-589

This form is used to apply for asylum in the United States and for withholding of removal (formerly called "withholding of deportation"). You can download the form from http://www.uscis.gov . The form has instructions on how it should be completed and submitted. Below are some of the most important points not to be overlooked.

Passport-style photograph

Include one photograph of yourself and one of each family member who is included in your application. The photos must have been taken no more than 30days before you file your application. Using a pencil, print the person's complete name and A Number (if any) on the back of this or her photo.

Passport and other Identification Copies

Include three copies of all passports or other travel documents in your possession and three copies of any U.S. Immigration documents, such as a Form I-94, Arrival-Departure Record, for you and each family member included in your application, if you have such documents.

If you have other identification documents (for example, birth certificate, military or national identification card, driver's license, etc.), it is recommended that you submit three copies with your application and bring the original(s) with you to the interview.

Evidence to support your asylum claim

You should submit reasonably available corroborative evidence showing the general conditions in the country from which you are seeking asylum and the specific facts on which you are relying to support your claim. If evidence supporting your claim is not reasonably available or you are not providing such corroboration at this time, you must explain why, using the Supplement B Form or additional sheets of paper. Supporting evidence may include, but is not limited to, newspaper articles, affidavits of witnesses or experts, medical and/or psychological records, doctors' statements, periodicals, journals, books, photographs, official documents or personal statements or live testimony from witnesses or experts.

Incomplete Asylum Applications

An asylum application that is incomplete will be returned to you by mail within 30 days of receipt of the application by USCIS. An application that has not been returned to you within 30 days of having been received by USCIS will be considered complete, and you will receive written acknowledgement of receipt from USCIS. The filing of a complete application starts the 150-day period you must wait before you may apply for employment authorization. If your application is not complete and is returned to you, the 150-dayperiod will not begin until you resubmit a complete application.

Employment Authorization.

You will be granted permission to work if your asylum application is granted. Simply filing an application for asylum does not entitle you to employment authorization. You may request permission to work if your asylum application is pending and 150 days have lapsed since your application was accepted by USCIS or the Immigration CourtAny delay in the processing of your asylum application that you request or cause shall not be counted as part of the 150-day period. If your asylum application has not been denied within 180 days from the date of filing a complete asylum application, you may be granted permission to work by filing Form I-765, Application for Employment Authorization, with USCIS.
Any delay in the processing of your asylum application that you request or cause shall not be counted as part of the 150-day period. If your asylum application has not been denied within 180 days from the date of filing a complete asylum application, you may be granted permission to work by filing Form I-765, Application for Employment Authorization, with USCIS.

International Travel

While your case is pending, you will be permitted to remain in the United States. After your asylum application has been granted, if you need to travel outside the United States, you need to apply for a travel document by filing form I-131. If you leave the United States without first obtaining advance parole from USCIS it will be presumed that you have abandoned your application. If you obtain advance parole and return to the country of claimed persecution, it will be presumed that you abandoned your application, unless you can show that there were compelling reasons for your return.

Registering permanent residence

After 1 year from the date you were granted refugee status or asylum you can file I-485 to adjust your status to permanent residence per 8 CFR PART 209.