Refugee Petition

What is a Refugee?

According to U.S. law, a refugee is defined as someone who:

• Resides outside the United States
• Is of special humanitarian concern to the United States
• Can demonstrate that they have faced persecution or have a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a specific social group
• Has not been firmly resettled in another country
• Meets the admissibility criteria for entry into the United States

It is important to note that the term “refugee” does not apply to anyone who has ordered, incited, assisted, or participated in the persecution of others based on race, religion, nationality, political opinion, or membership in a particular social group.

The Refugee Process

You must receive a referral to the U.S. Refugee Admissions Program (USRAP) in order to be considered for refugee status.

Once you have a referral, you will get assistance with your application and will be interviewed abroad by a USCIS officer who will assess your eligibility for refugee resettlement.

Your case can include your spouse, children (who are unmarried and under 21), and in some limited situations, other family members. You can include a same-sex spouse in your application as long as you are legally married. Generally, USCIS refers to the laws of the location where the marriage occurred to determine its validity for immigration purposes. Unmarried same-sex partners who qualify for the U.S. Refugee Admissions under one of the three designated worldwide processing priorities may have their cases linked so they can be interviewed simultaneously and, if approved by USCIS, resettled in the same area of the United States.

There is no fee for applying for refugee status, and the information you provide will remain confidential and will not be shared with your home country.

Family Members

If you are a refugee in the United States and wish to have family members who are abroad join you, you can submit Form I-730, Refugee/Asylee Relative Petition, for your spouse and unmarried children under 21. This application must be filed within two years of your arrival in the United States, unless there are humanitarian circumstances that justify an extension of this deadline.

Additionally, you may be eligible to submit an Affidavit of Relationship for your spouse, unmarried children under 21, or parents. The Affidavit of Relationship is used to facilitate the reunification of refugees and asylees with close relatives who qualify as refugees but are currently outside the United States. This affidavit collects information about family ties and is necessary to initiate the application process for relatives who may qualify for entry into the U.S. as refugees under the U.S. Refugee Admissions Program.

Benefits

As a refugee, you can start working legally upon arrival in the United States. You will receive a Form I-94 with a refugee admission stamp, and a digital Form I-765 for employment authorization will be generated. After processing, your Employment Authorization Document (EAD) is typically issued within one to two weeks and sent to your registered address via Priority Mail. Delivery times may vary. In the meantime, you can present your Form I-94 to your employer as proof of your right to work.

If you are granted refugee status, you need to apply for a Green Card one year after your arrival in the United States. To seek permanent residency, you should submit Form I-485, Application to Register Permanent Residence or to Adjust Status. Refugees can file this form at no cost, and they are also exempt from fingerprinting or biometrics fees.

Conclusion

The refugee process can be difficult due to complex legal requirements, documentation challenges, lengthy wait times, language barriers, emotional strain, lack of resources, cultural adjustment, and fear of rejection. These factors emphasize the importance of support systems to help refugees navigate the process and rebuild their lives.

At McFarling Cohen Fic & Squires, we can provide guidance on your rights, represent you in interviews, and offer support throughout the process, ultimately increasing your chances of a successful outcome. With their expertise, you can focus on rebuilding your life while they handle the legal intricacies.