US Immigration Law

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Obtaining Refugee Status

How Do I Obtain Protection As A Refugee?

You may obtain refugee protection either outside or inside of the United States. Outside the U.S., this is achieved by applying for a refugee visa. If you are inside the U.S. or at a U.S. port of entry, you may obtain refugee protection by applying for asylum. Both asylum and refugee applicants are individuals seeking protection in the U.S. on the grounds that they fear persecution in their homeland. Though the application process may be somewhat different, they are adjudicated under the same legal standard, set out above.

Refugees generally apply for a refugee visa in refugee camps or at specified processing sites outside of their home countries. In certain cases, such as Cuba, Vietnam, or the former Soviet Union, individuals have been permitted to apply for refugee protection from within their home country. Individuals overseas seeking to to be considered for the U.S. refugee program apply by filing a Registration for Classification as a Refugee, Form I-590.  If accepted as a refugee, the person is sent to the U.S. and receives assistance through the United States "Refugee Resettlement Program."

Asylees apply for protection either from within the United States or at a U.S. port of entry.An individual seeking protection as an asylee must file an Application for Asylum, Form I-589, with either the Immigration and Naturalization Service (INS) or the Executive Office for Immigration Review (EOIR) within one year of arrival in the United States, unless the individual can show changed circumstances affecting his/her eligibility for asylum or extraordinary circumstances relating to the delay in filing.

 


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