Refugee Immigration Lawyers – Find Safety & a New Beginning
Refugee Immigration Lawyers – Find Safety & a New Beginning
- If you’ve fled your home country and are afraid to go back, you might qualify for asylum or refugee status in the U.S.
- Legal support for individuals seeking protection and safety.
- Expert guidance through complex humanitarian laws.
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Refugee Status: Who Is Eligible?
If you've fled your home country and are afraid to go back, you might qualify for asylum or refugee status in the U.S.
Refugee and asylum status are special legal protections available to people who have left their home country for their own safety and are afraid to return to any place within that country. (See 8 U.S.C. § 1158.)
If you can relocate and live safely within your home country, you will not be able to demonstrate that you have a well-founded fear of persecution and will not be granted asylum in the United States.
Protection Provided
Once a person is granted, both refugee and asylee statuses allow staying in the United States indefinitely. Asylees and refugees are given permission to work and are allowed to apply for a green card within one year of either entering the United States as a refugee or being approved for asylum.
But not everyone qualifies for asylum or refugee status. You must meet some strict requirements, as described in this article. In particular, you must show two things:
You are unable or unwilling to return to your home country because you have been persecuted there in the past or have a well-founded fear that you will be persecuted if you go back.
The reason you have been (or will be) persecuted is connected to one of five things: your race, religion, nationality, membership in a particular social group, or your political opinion.
Let's look more closely at what these requirements mean.
Difference Between Asylum & Refugee Status
What's the difference between asylum and refugee status under U.S. immigration law? That is, who should seek asylum status, and who should seek refugee status? It's simply a matter of where you are when you apply.
Refugee Status
People outside of the U.S. must apply for refugee status, typically through the U.N. High Commission for Refugees. (They cannot specify that they'd like to go the U.S. or any particular country, however.)
Asylum Status
People who have already made it to the U.S. border or the interior (perhaps by using a visa or by entering illegally) can, in theory, apply for asylum status. This has become much more difficult under the Trump Administration, however, initially owing to new (and ever-changing) policies such as "Wait in Mexico." Then later, following the start of the coronavirus (COVID-19) pandemic, the Trump Administration extended a Centers for Disease Control (CDC) Order giving permission to border agents to expel anyone who arrived without an entry visa or permission, without conducting interviews to see whether they have a credible fear of persecution. Litigation on these matters is ongoing.
What Is Persecution?
To persecute means to harass, punish, injure, oppress, or otherwise cause someone to suffer physical or psychological harm. U.S. immigration law does not list specific examples of the kinds of persecution that would qualify someone for asylum or refugee status. However, from the law that has been developed through court cases, we know that it can include such acts as threats, violence, torture, inappropriate imprisonment, or denial of basic human rights or freedoms. Historically, for example, the need for asylum or refugee status has been recognized in situations where a foreign government has:
Imprisoned and tortured political dissidents or supposed undesirables,
Fired weapons on protesters,
Committed genocide against a certain race,
Made sure that members of a certain religion were left out of the political process, and much more.
Even if a foreign government stands by while someone else commits acts of persecution (for example, if the authorities are unwilling or unable to exercise control while members of a vigilante squad gang up on gays and lesbians or while members of a guerilla group threaten or kidnap people who won't voluntarily join them), this too can qualify as persecution, which would support a claim for asylum or refugee status.
There is one type of persecution that is actually listed in the law: Being forced to undergo (or the fear of being forced to undergo) a program of "coercive population control." (See I.N.A. Section 101(a) (42)(B).) This is aimed at victims of the kind of forced abortion and sterilization that takes place in mainland China.
Again, remember that the persecution must be connected to one of five grounds—race, religion, nationality, membership in a social group, or political opinion—discussed in more detail below. For example, violence directed against gays and lesbians is recognized as persecution connected to membership in a social group. But violence against an individual who happens to have angered a local criminal does not have the necessary connection to one of the five grounds, so the victim wouldn't be eligible for asylum or refugee status from the U.S. government.
In recent years, the U.S. government recognized persecution based on gender (usually based on the "particular social group" category). This allowed some women to gain asylum based on having undergone (or fearing they'll be forced to undergo) cultural practices such as female genital cutting, forced marriage, or domestic violence. However, under the Trump Administration, this recognition is being rolled back.
Also remember that your fear of future persecution must be "well-founded." In other words, you will want to show that you have at least a one in ten chance of experiencing the feared harm. (See INS v. Cardoza Fonseca, 480 U.S. 421, 107 S.Ct. 1207 (1987).)
What Do the Five Grounds of Persecution Mean?
As mentioned above, the U.S. government grants asylum or refugee status to a person who has suffered or fears persecution that's based on one of only five grounds.
Race
Religion
Nationality
Political Opinion
Membership in a Particular Social Group
The first three grounds—race, religion, and nationality—are fairly self-explanatory. Let's look at the remaining two—political opinion and membership in a particular social group.
Political Opinion
Political opinion. Persecution of this kind means you hold opinions that the authorities don't tolerate, most likely critical of the government's policies or methods. Of course, you would need to show that the authorities know about your opinions—otherwise, they'd have no reason to come after you.
It will help if you have, for example, spoken in public, written publicly about your criticisms, or taken part in anti-government protests. People have proven persecution for political opinion based on having taken part in student demonstrations, been active in labor unions, advocated independence for a particular ethnic group, or joined an opposition political party.
You can also qualify for asylum or refugee status based on political opinion if the authorities mistakenly assume that you hold certain opinions, perhaps based on some other personal characteristic like your religion or family group. (This is called "imputed political opinion.")
Membership in a Particular Social Group
Membership in a particular social group. This category is the most difficult of the five to define and is the subject of many legal arguments.
A social group is described as a group sharing a common characteristic that is so fundamental to their individual identities that the members cannot—or should not be expected to—change it, the group has distinct boundaries for membership, and the group is recognized within society as a distinct entity.
Examples of particular social groups whose members have been accepted as asylees or refugees by the U.S. government include tribes or ethnic groups, social classes (such as educated elite), family members of dissidents, occupational groups, homosexuals, and members or former members of the police or military (who may be targeted for assassination).
If you are applying for asylum based on your membership in a particular social group, be aware that the laws governing membership in a particular social group are subject to change. Under the Trump administration, many groups that were previously considered particular social groups no longer qualify.
If you think you're Eligible for Refugee
Even if you think you're eligible for asylum or refugee protection in the United States—that is, you've experienced persecution based on one of the five grounds—you still need to not only prepare an application but supplement it with evidence proving your claim. You can use your own testimony, statements by witnesses, newspaper and other reports discussing your case or the human rights situation in your country, expert witness statements, and more.
Determining eligibility and applying for asylum or refugee status isn't easy. Start your process by taking an appointment with us.
Step-by-Step Refugee & Asylum Process
Establish Your Refugee Status
- Finalize Status: You must have been granted official refugee status, asylum, or humanitarian protection in your host country.
- Time Limits: In many jurisdictions (like the UK and Canada's "One-Year Window"), you must submit the family reunification application within a specific timeframe after your initial claim was accepted.
Identify Eligible Family Members
- Immediate Family: Generally includes a spouse or unmarried partner (including same-sex partners in many countries) and dependent children under 18 or 21, depending on the country.
- Documentation: Prepare birth certificates for children and marriage certificates or proof of cohabitation for partners.
Gather Required Documentation
- Refugee Proof: Copy of your Refugee Status Determination Document or landing papers.
- Identity Docs: Passports or travel documents for all family members, if available.
- Relationship Evidence: Wedding photos, correspondence, or affidavits to prove the relationship is genuine.
- Translations: All documents not in the host country's official language must be translated by a certified translator.
Submit the Application
- Form Submission: Fill out the specific family reunion forms (e.g., Form I-730 in the US, or the "One-Year Window" forms in Canada).
- No Costs: In many countries, there is no application fee for refugee family reunification, or fees are significantly reduced.
- Submit to Authority: Submit to the relevant agency (e.g., USCIS in the US, IND in the Netherlands).
Wait for Assessment and Decision
- Process Time: This can take several months or longer.
- Interviews: Family members abroad may be required to attend an interview at a visa application center or embassy.
- Decision: You will receive a letter approving or denying the application.
Travel and Integration
- Visa Issuance: If approved, your family members will receive travel documents to travel to your host country.
- Registration: Family members should register for social services immediately upon arrival.
How to Choose a Refugee & Asylum Lawyer?
When choosing a refugee and asylum lawyer, consider these key factors to ensure the best outcome for your case.
Verify Experience
Check the lawyer's track record with asylum applications, refugee petitions, and immigration court proceedings for refugee and asylum cases.
Case Strategy
Discuss how they'll handle your specific situation, including timelines, potential complications, and their approach to gathering evidence.
Client Testimonials
Read reviews from clients they've helped successfully navigate the refugee and asylum immigration process.
Transparent Fee Structure
Clarify all costs upfront, including attorney fees, filing fees, and any additional expenses throughout the process.
Why Choose Raju Law?
Integration of Legal Expertise and Client Commitment
Raju Law stands out by combining exceptional legal knowledge with a strong focus on client success.
Comprehensive Advocacy
Our attorneys go beyond merely filing petitions; they act as advocates, strategists, and guides throughout the immigration process.
Client-Centered Approach
We prioritize your goals, ensuring every step aligns with your objectives.
Expert Navigation of Legal Complexities
Our team approaches each case with unwavering diligence to simplify and address the intricacies of immigration law.