IMMIGRATION
Asylum and Refugees
The law surrounding asylum and refugee status in the United States is complex. Because the facts of each case are very different, it helps to have a legal team on your side to organize your information to create the strongest application possible. This is where Potra Law Firm can help! We can provide assistance at all stages of the asylum process, from those who have not applied to individuals needing help with an appeal.
CONTACT POTRA LAW FIRM TO SEE IF YOU QUALIFY FOR ASYLUM OR REFUGEE STATUS
What is asylum?
Asylum is the legal protection granted to people who have come to the United States and are afraid to return to their home country. Asylum can be granted to people who are unable or unwilling to return to their home country because they have suffered persecution or fear that they will suffer persecution due to:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
What is the benefit of asylum?
People who are granted asylum are allowed to:
- Live and work in the United States;
- File for their spouse and minor children to come to the United States;
- Apply for permanent residence and eventually citizenship; and
- Travel outside of the United States.
What is the asylum process?
The asylum process begins with an asylum application (Form I-589) that is submitted once someone is in the United States. The application should be made within one year of entering the United States, although there are some exceptions to this deadline.
Filing with U.S. Citizenship and Immigration Services (USCIS)
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- A person applies for asylum by filling out an application and submitting it to USCIS. It’s important to note that even if the USCIS turns down your application for asylum, you will not have to leave the U.S. immediately. In fact, the USCIS will send your asylum case to a judge, who will review your application and determine if you will be granted asylum.
Filing with the Court
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- If a person is in removal proceedings and has a hearing in front of an immigration judge, that person can also make an asylum application at that hearing. If the judge decides to deny asylum, the judge’s decision can be appealed to the Board of Immigration Appeals and the appropriate Circuit Court of Appeals.
What is a refugee?
Under United States law, a refugee is someone who:
- Is located outside of the United States;
- Is of special humanitarian concern to the United States;
- Demonstrates that they were persecuted or fear persecution due to race, religion, nationality, political opinion, or membership in a particular social group;
- Is not firmly resettled in another country; and
- Is admissible to the United States.
What is the benefit of refugee status?
People who are granted refugee status are allowed to:
- Live and work in the United States immediately;
- File for their spouse and minor children to come to the United States;
- Must apply for a green card one year after coming to the United States; and
- Travel outside of the United States with Refugee Travel Document.
What is the refugee process?
- You must receive a referral to the U.S. Refugee Admissions Program (USRAP) for consideration as a refugee.
- If you receive a referral, you will receive help filling out your application and then be interviewed abroad by a USCIS officer who will determine whether you are eligible for refugee resettlement.
- Your case may include your spouse, child (unmarried and under 21 years of age), and in some limited circumstances, other family members.
- There is no fee to apply for refugee status. The information you provide will not be shared with your home country.
Frequently Asked Questions
What is the difference between asylum and refugee?
The main difference between asylum and refugee is that an asylum application is submitted once you are in the United States, while refugee applicant is someone who is outside of the United States.
What is the fee to apply for asylum or refugee status?
There is no fee.
How do I apply for asylum?
To apply for asylum, you will need to complete Form I-589, Application for Asylum and for Withholding of Removal.
Can I still apply for asylum even if I am in the United States illegally?
Yes. You may apply for asylum with USCIS regardless of your immigration status as long as you are not currently in removal proceedings and so long as you file your application within one year of your last arrival or demonstrate that you are eligible for an exception to that rule. If you are in immigration proceedings, your asylum application will be adjudicated with an Immigration Judge.
Can I apply for asylum even if I was convicted of a crime?
Yes, you may apply. However, you may be barred from being granted asylum depending on the crime.
Let one of our Atlanta immigration attorneys evaluate your case today.
Speak with the best asylum and refugee lawyers in Atlanta if you want to know if you qualify for asylum or refugee status. Potra Law Firm’s experienced and compassionate asylum and refugee attorneys can help you.
