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1. What is Asylum?
Asylum is relief for a foreign national to remain in the U.S. under legal status because the foreign national has suffered past persecution in his home country or country of last habitual residence, or because the foreign national has a well founded fear of future persecution in his home country or country of last habitual residence and such persecution is based on race, religion, nationality, political opinion or membership in a particular social group.
2. Who is a refugee for purposes of Asylum?
A refugee is someone who is unable or unwilling to return to and avail himself or herself of the protection of his or her home country or, if stateless, country of last habitual residence 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.
3. Who is eligible to apply for Asylum?
You may be granted Asylum if you are arriving in or are already physically present in the U.S. To apply for Asylum in the U.S.:
• You may ask for Asylum at a port of entry (airport, seaport, or border crossing)
• You may file Form I-589, Application for Asylum and for Withholding of Removal, at the appropriate Service Center within one year of your arrival in the U.S.
Note: You may apply for Asylum regardless of your immigration status, whether you are in the United States legally or illegally.
Asylum under section 208(a)(2) of the INA if you:
4. Who is ineligible to apply for Asylum?
• You are ineligible to apply for Asylum under section 208(a)(2) of the INA if you:
• Failed to file an Asylum application within one year of your last arrival in the U.S. or April 1, 1997, whichever is later
• Previously applied for Asylum and were denied by an Immigration Judge or the Board of Immigration Appeals
• Can be removed to a safe third country pursuant to a bilateral or multilateral agreement
5. ARE THERE ANY EXCEPTIONS TO THE ONE YEAR FILING DEADLINE FOR ASYLUM?
Yes, if you demonstrate either the existence of changed circumstances which materially affect your eligibility for Asylum or extraordinary circumstances relating to the delay in filing. You need to have filed the application within a reasonable time given the exception.
6. WHAT ARE CHANGED CIRCUMSTANCES RELATED TO EXCEPTION TO THE ONE YEAR FILING DEADLINE FOR ASYLUM
• Changed circumstances may include but are not limited to the following:
• Changes in conditions in your country of nationality or, if you are stateless, country of last habitual residence
• Changes in your circumstances that materially affect your eligibility for Asylum, including changes in applicable U.S. law, and activities you become involved in outside the country of feared persecution that place you at risk; or
• In the case of a foreign national who has previously been included as a dependent in another foreign national’s pending Asylum application, the loss of the spousal or parent-child relationship to the principal applicant through marriage, divorce, death, or attainment of age 21
7. WHAT ARE EXTRAORDINARY CIRCUMSTANCES RELATED TO EXCEPTION TO THE ONE YEAR FILING DEADLINE FOR ASYLUM?
Extraordinary circumstances may include but are not limited to the following:
Serious illness or mental or physical disability, including any effects of persecution or violent harm suffered in the past, during the one year period after arrival
Legal disability. For example, you were an unaccompanied minor or suffered from a mental impairment during the one year period after arrival
• Ineffective assistance of counsel provided that:
• You file an affidavit setting forth in detail the agreement that was entered into with counsel with respect to the actions to be taken and what representations counsel did or did not make to the respondent in this regard
• The counsel whose integrity or competence is being impugned has been informed of the allegations leveled against the counsel and given an opportunity to respond; and
• You indicate whether a complaint has been filed with appropriate disciplinary authorities with respect to any violation of counsel’s ethical or legal responsibilities, and if not, why not
• You maintained Temporary Protected Status, lawful immigrant or nonimmigrant status, or was given parole, until a reasonable period before the filing of the Asylum application
• You filed an Asylum application prior to the expiration of the one year deadline, but that application was rejected by the Service as not properly filed, was returned to you for corrections, and was re-filed within a reasonable period thereafter; or
• The death or serious illness or incapacity of your legal representative or a member of your immediate family
8. HOW DO I APPLY FOR ASYLUM IN USA?
To apply for Asylum, you will need to complete Form I-589, Application for Asylum and for Withholding of Removal, and follow the instructions carefully.
9. WHERE SHOULD I FILE FORM I-589, APPLICATION FOR ASYLUM AND FOR WITHHOLDING OF REMOVAL?
• If you are applying for Asylum for the first time and have not been placed in removal proceedings in Immigration Court, you may file Form I-589, Application for Asylum and for Withholding of Removal, at the Service Center that has jurisdiction over your place of residence
• If you have previously applied for and were denied Asylum by the USCIS or were previously included in a spouse’s or parent’s pending application but no longer eligible to be included as a derivative, you may file Form I-589, Application for Asylum and for Withholding of Removal, at the Asylum Office having jurisdiction over your place of residence
• If you are currently in removal proceedings in Immigration Court, you may file Form I-589, Application for Asylum and for Withholding of Removal, at the Immigration Court having jurisdiction over your place of residence
• If you are a certain crewmember, stowaway, individual who entered the U.S. pursuant to the Visa Waiver Program or as described in 8 CFR § 208.2(c) before Form I-863, Notice of Referral to Immigration Judge, has been filed, you may file Form I-589, Application for Asylum and for Withholding of Removal, with the District Director having jurisdiction over your place of residence
10. CAN I APPLY FOR ASYLUM EVEN IF I AM ILLEGALLY IN THE U.S.?
Yes, you may apply even if you are in the U.S. illegally. You may apply for Asylum regardless of your immigration status as 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 based on changed circumstances or extraordinary circumstances, and that you filed for Asylum within a reasonable amount of time given those circumstances.
11. CAN I APPLY FOR ASYLUM EVEN IF I WAS CONVICTED OF A CRIME?
Yes, however, you may be barred from being granted Asylum depending on the crime. You must disclose any criminal history on your Form I-589, Application for Asylum and for Withholding of Removal, and at your Asylum interview. Failure to disclose such information may result in your Asylum claim being referred to the Immigration Court, and possible fines or imprisonment for committing perjury.
12. WHO IS ELIGIBLE TO APPLY FOR DERIVATIVE STATUS ON MY ASYLUM APPROVAL?
You may apply for derivative Asylum benefits for your spouse or unmarried children under the age of 21 within two years of your grant of Asylum.
• You may apply for derivative Asylum status for a child who was already conceived, but not yet born, on the day you were granted Asylum
• You may apply for derivative Asylum status for a stepchild if the marriage between you and the child"s parent took place before the child"s 18th birthday
• You may apply for derivative Asylum status for an adopted child if the adoption took place before the child"s 16th birthday and the child has been in your legal custody for at least two years
• You may not apply for derivative Asylum status for your child"s mother unless she was married to you on the date you were granted Asylum
Note: After your spouse or children are admitted to the U.S. as derivative asylees, they must be granted special permission to travel abroad until they adjust to lawful permanent resident status. They cannot forfeit or give up their Asylum status and later be re-admitted to the U.S. as asylees.
13. CAN I APPLY FOR ASYLUM FOR MY SPOUSE AND CHILDREN?
Yes, you may ask to have included in your Asylum decision your spouse and/or any children who are under the age of 21 and unmarried, if they are in the U.S. This means that, if you are granted Asylum, they will also be granted Asylum status and will be allowed to remain in the U.S. incident to your Asylum status. However, if you are referred to the Immigration Court, they will also be referred to the court for removal proceedings. You should refer to the instructions in Form I-589, Application for Asylum and for Withholding of Removal, for information on the documents you will be required to submit establishing your family relationships, such as marriage certificates and birth certificates.
• Children who are married and/or children who are 21 years of age or older at the time you file your Asylum application must file separately for Asylum by submitting their own Asylum applications
• Once you are granted Asylum, you may petition to bring your spouse and/or children (unmarried and under the age of 21 as of the date you filed the Asylum application, as long as your Asylum application was pending on or after August 6, 2002) to the U.S. or to allow those already in the U.S., who were not included in your Asylum decision, to remain incident to your Asylum status
14. What happens if my child turns 21 after I have filed my Asylum application?
Under the Child Status Protection Act, signed into law by President Bush on August 6, 2002, your child will continue to be classified as a child if your child turned 21 years of age after your Asylum application was filed but while it was pending. Your child must have been unmarried and under 21 years of age on the date that you filed Form I-589, Application for Asylum and for Withholding of Removal. The filing date is the date that USCIS received your application.
Note: There is no requirement that your child be included as a dependent on your Asylum application at the time of filing, only that your child be included prior to the decision made on your claim. This means that you may add to your Asylum application an unmarried son or daughter who is 21 years of age, but who was 20 at the time you filed your Asylum application.
15. What is the application fee for Asylum?
There is no fee to apply for Asylum.
16. HOW DOES THE US IMMIGRATION JUDGE OR ASYLUM OFFICER DETERMINE IF I AM ELIGIBLE FOR ASYLUM?
The Asylum Officer or Immigration Judge will determine if you are eligible by evaluating whether you meet the definition of a refugee. The determination of whether you meet the definition of a refugee will be based on information you provide on your application and during an interview with an Asylum Officer or at a hearing before an Immigration Judge.
The Asylum Officer or Immigration Judge will also consider whether any bars apply. You will be barred from being granted Asylum if you:
• Ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion
• Were convicted of a particularly serious crime (includes aggravated felonies)
• Committed a serious nonpolitical crime outside the U.S.
• Pose a danger to the security of the U.S.
• Firmly resettled in another country prior to arriving in the U.S.
• Have engaged in terrorist activity
• Are engaged in or are likely to engage after entry in any terrorist activity. A consular officer or the Attorney General knows, or has reasonable grounds to believe, that this is the case
Have, under any circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity
Are a representative of:
• A foreign terrorist organization, as designated by the Secretary of State under section 219 of the INA, or
• A political, social, or other similar group whose public endorsement of acts of terrorist activity the Secretary of State has determined undermines U.S. efforts to reduce or eliminate terrorist activities
• Are a member of a foreign terrorist organization, as designated by the Secretary of State under section 219 of the INA, or which you know or should have known is a terrorist organization
• Have used a position of prominence within any country to endorse or espouse terrorist activity, or to persuade others to support terrorist activity or a terrorist organization, in a way that the Secretary of State has determined undermines U.S. efforts to reduce or eliminate terrorist activities
17. WHAT ARE THE FORMS I NEED TO SUBMIT ALONG WITH MY ASYLUM APPLICATION?
You will require the following forms:
• Form I-589, Application for Asylum and for Withholding of Removal
• Form I-131, Application for Travel Document)
• Form I-485, Application to Register Permanent Residence or Adjust Status
• Form I-730, Refugee/Asylee Relative Petition
• Form I-765, Application for Employment Authorization
• Form AR-11, Change of Address
• Form G-28, Notice of Entry of Appearance as Attorney or Representative
18. WHEN WILL I NEED TO BE FINGERPRINTED FOR GRANTING ASYLUM?
After the Service Center receives your completed Form I-589, Application for Asylum and for Withholding of Removal, the Service Center will send you a notice, if you are between 14 and 79 years of age, to go to an Application Support Center or authorized Designated Law Enforcement Agency to have your fingerprints taken. You are exempt from the fingerprint fee. 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. Your spouse and children for whom you are asking for derivative Asylum status will also need to be fingerprinted if they are between 14 and 79 years of age.
19. WILL I BE REQUIRED TO UNDERGO ANY OTHER CRIMINAL OR SECURITY CHECKS FOR GRANTING ASYLUM?
Yes, every individual who applies for Asylum will be subject to a background or security checks. Depending on the results of the mandatory check, you may not be eligible for a final grant of Asylum. Your application may be referred to the Immigration Judge, and you may be placed in removal proceedings in Immigration Court.
20. WHAT IS THE BACKGROUND OR SECURITY CHECK REQUIRED FOR GRANTING ASYLUM?
The background of security checks consist of the following:
• USCIS sends a copy of your Form I-589, Application for Asylum and for Withholding of Removal, to the U.S. Department of State
• USCIS sends your biographical information to the Federal Bureau of Investigation (FBI) and the Central Intelligence Agency (CIA)
• USCIS checks your biographical information against law enforcement databases
• USCIS schedules you, if you are between 14 and 79 years of age, for fingerprinting at an Application Support Center or Designated Law Enforcement Agency. The fingerprints are sent to the FBI to conduct background/security checks
21. WHAT SHOULD I BRING WITH ME TO THE ASYLUM INTERVIEW?
• You should also bring the following if available:
• You have the right to bring a representative or immigration lawyer to the Asylum interview
• You must bring an interpreter if you are not fluent in English
• If your spouse and/or children who were under 21 at the time you filed your application are included in your Asylum application as dependents, they must also appear for the interview and bring any identity or travel documents they have in their possession. Although you are required to list all of your family members on your application, you only need to bring those to the interview that will be included as dependents in the Asylum decision
• Some form of identification, including any passport(s), other travel or identification documents, or Form I-94 Arrival-Departure Record
• An immigrant visa is not yet available
• Originals of any birth certificates, marriage certificates, or other documents you previously submitted with your Form I-589, Application for Asylum and for Withholding of Removal
• A copy of your Form I-589, Application for Asylum and for Withholding of Removal and other supplementary material that you previously submitted
• Any additional available items documenting your claim that you have not already submitted with your application
Note: Any document in a language other than English must be accompanied by an adequate English translation that the translator has certified as complete and correct, and by the translator’s certification that he or she is competent to translate into English the language used in the document.
22. SHOULD I BRING AN INTERPRETER TO MY ASYLUM INTERVIEW?
Yes, you must bring an interpreter if you do not speak English fluently. The USCIS does not provide any interpreters during the Asylum interview. The interpreter must be fluent in English and a language you speak fluently and must be at least 18 years old. The following persons cannot serve as your interpreter:
• Your attorney or representative of record
• A witness testifying on your behalf at the interview
• A representative or employee of your country
23. WHAT WILL HAPPEN AT MY ASYLUM INTERVIEW?
• The interview will generally last at least an hour, although the time may vary depending on the case
• You will be asked to take an oath promising to
tell the truth during the interview
• The Asylum Officer will verify your identity and ask you basic biographical questions
• The Asylum Officer will ask you about the reasons you are applying for Asylum. The Asylum Officer will know that it may be difficult for you to talk about traumatic and painful experiences that caused you to leave your country. However, it is very important that you tell the Asylum Officer your experiences so that the Asylum Officer can determine whether you qualify as a refugee
• The Asylum Officer will also ask you questions to determine if any bars apply to being granted Asylum
• Everything you say to the Asylum Officer will be confidential. You and your attorney or representative, if any, 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
24. CAN I RESCHEDULE MY ASYLUM INTERVIEW?
Yes, you must either send a letter to the Asylum office where your interview is scheduled to be held or complete a Request to Reschedule Asylum Interview letter at the Asylum office. Your request must be made in writing.
25. What happens if I fail to appear for my Asylum interview?
If the USCIS does not receive a written explanation for your failure to appear within 15 days after the date of the scheduled interview, your case will either be referred to the Immigration Court or your case will be administratively closed if you are still in valid status. The Asylum Office Director has discretion to reschedule your interview if you provide a reasonable explanation for your failure to appear. If you establish exceptional circumstances for the failure to appear or that the USCIS did not properly notify you of the interview, the USCIS must reschedule your interview.
26. HOW DOES FAILURE TO APPEAR AT MY ASYLUM INTERVIEW AFFECT ME?
Failure to appear at your Asylum interview may affect your eligibility to apply for work authorization. You are generally eligible to apply for work authorization 150 days after you submit a complete application to the Service Center if a decision has not been made on your Asylum application. However, if you applied for Asylum on or after January 4, 1995, you will be ineligible for employment authorization if you fail to appear for an interview, unless your failure to appear is excused.
27. WHEN WILL I BE NOTIFIED ABOUT THE DECISION ON MY ASYLUM CLAIM?
In most cases, you will return to the Asylum office where your interview was held two weeks after the interview to pick up your decision. However, there may be longer processing times if you were interviewed at a district office, are currently in valid status, or if your case will be reviewed by Asylum Division Headquarters staff. You will generally receive the decision by mail if any of these circumstances occur.
28. WHAT ARE THE BENEFITS OF ASYLEE STATUS?
You will receive the following benefits on asylee status:
• Receive an I-94 Arrival - Departure Document documenting that you are able to remain indefinitely in the U.S. as an asylee
• Be authorized to work in the U.S. for as long as you remain in asylee status. You may obtain a photo-identity document from USCIS evidencing your employment authorization by applying for an Employment Authorization Document (EAD)
• Be able to request derivative Asylum status for any spouse or child (unmarried and under 21 years of age as of the date you filed the Asylum application, as long as your Asylum application was pending on or after August 6, 2002) who was not included as a dependent in your Asylum decision and with whom you have a qualifying relationship
29. CAN MY ASYLUM STATUS BE TERMINATED?
Yes, your asylum status may be terminated if you:
• No longer have a well founded fear of persecution because of a fundamental change in circumstances
• Have obtained protection from another country
• Have committed certain crimes or engaged in other activity that makes you ineligible to retain Asylum status in the U.S.
30. What is a recommended approval of Asylum?
You will receive a recommended approval of Asylum if an Asylum Officer has made a preliminary determination to grant you Asylum, but the USCIS has not received the results from the mandatory, confidential investigation of your identity and background. If the results reveal derogatory information that affects your eligibility for Asylum, the USCIS may deny your request for Asylum or refer it to an Immigration Judge for further consideration.
31. WHAT IS A CONDITIONAL GRANT OF ASYLUM?
You will receive a conditional grant of Asylum if you are found eligible for Asylum based on past persecution or a well founded fear of persecution solely on account of resistance to a coercive population control (CPC) program.
• A maximum of 1,000 applicants per year may be granted Asylum or admitted as a refugee under this ground. You will be put on a waiting list to receive a CPC authorization number
• You will not receive a final grant of Asylum until a CPC authorization number becomes available. There is currently a several year waiting period
• Before a final grant of Asylum can be issued, you will need to be re-fingerprinted since the results of your confidential background check will most likely have expired by the time that a CPC number is available in your case
32. WHAT IS A NOTICE OF INTENT TO DENY ASYLUM?
You will receive a Notice of Intent to Deny if you are currently in valid status and found ineligible for Asylum. You will have 16 days to provide a response to the letter. The Asylum Officer will then either approve or deny the claim.
33. WHAT IS A FINAL DENIAL OF ASYLUM?
You will receive a final denial of your Asylum claim if you received a Notice of Intent to Deny (NOID) and either did not provide a response to the letter within 16 days, or the Asylum Officer determined that the evidence or argument you provided failed to overcome the grounds for denial as stated in the NOID.
34. WHAT DOES IT MEAN TO BE REFERRED TO IMMIGRATION COURT?
This means that the Asylum Officer was unable to approve your Asylum application and you are not currently in valid status.
• You will receive charging documents that place you in removal proceedings in Immigration Court
• Your Asylum application will be referred to the Immigration Court for an Immigration Judge to decide during the removal proceedings
35. HOW CAN I APPEAL A DENIAL OF MY ASYLUM APPLICATION?
If the Immigration Judge denies your Asylum application, you will receive a notice telling you how to appeal the decision.
• Generally, you may appeal within 30 days of receiving the denial
• After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, DC
36. DO I NEED TO NOTIFY USCIS IF I MOVE?
Yes, you must also notify in writing the local Asylum office where your case is pending of any change of address.
37. HOW CAN I CHECK THE STATUS OF MY ASYLUM APPLICATION?
You may check status by using visa status service.
38. WHEN CAN I APPLY TO BECOME A LAWFUL PERMANENT RESIDENT AS AN ASYLEE?
You may apply for lawful permanent resident status after you have been physically present in the U.S. for a period of one year after the date you were granted Asylum status. To apply for lawful permanent resident status, you must submit a separate Form I-485, Application to Register Permanent Residence or Adjust Status, for yourself and each qualifying family member.
39. WILL I GET A WORK PERMIT AFTER APPLYING FOR ASYLUM?
Asylum applicants cannot apply for employment authorization at the same time they apply for Asylum.
• You will be authorized to work in the United States if you are granted Asylum and as long as you remain in Asylum status
• You are also eligible to apply for employment authorization if you are given a recommended approval or conditional grant of Asylum
• You can also apply for work authorization before a decision is made on your claim if 150 days has passed since you filed your complete application with the Service Center and no decision has been made on your application. The USCIS has 30 days to either grant or deny your request for employment
40. CAN I TRAVEL OUTSIDE THE U.S. AFTER APPLYING FOR ASYLUM?
Yes, you may travel outside the U.S. after filing your Asylum application.
If you are applying for Asylum and want to travel outside the U.S., you must receive advance permission before you leave the U.S. in order to return to the U.S. This advance permission is called Advance Parole.
• If you do not apply for Advance Parole before you leave the country, you will be presumed to have abandoned your application with the USCIS and you may not be permitted to return to the U.S.
• If you obtain advance parole and return to your country of feared persecution, you will be presumed to have abandoned your Asylum request, unless you can show compelling reasons for the return
If your application for Asylum is approved, you may apply for a Refugee Travel Document. This document will allow you to travel abroad and return to the U.S.
41. HOW DOES THE ASYLUM PROGRAM ASSURE QUALITY AND CONSISTENCY IN ITS ASYLUM DECISIONS?
The Asylum Program assures the quality of its programs through its Quality Assurance and Training Branch by:
• Conducting a mandatory and comprehensive five-week training program on Asylum law, interviewing skills and analysis (Asylum Officer Basic Training Course) for all incoming Asylum officers
• Requiring 100 per cent review of all Asylum decisions by a Supervisory Asylum Officer
• Placing one or more Quality and Assurance Trainers in every Asylum Office to conduct training programs, observe Asylum interviews, and review decisions
• Setting aside four hours every week for in-house training in the Asylum offices
• Requiring Asylum Division Headquarters review of certain cases
• Conducting supervisory training programs
42. WHO DO I SEND COMPLAINTS AND COMMENTS ABOUT THE SERVICE I RECEIVED OR MISCONDUCT?
You should contact the Asylum office where you had your interview by sending a letter to the director of that office.
43. WHAT IS THE AFFIRMATIVE ASYLUM PROCESS?
The Affirmative Asylum Process comprises the following steps:
Step One: Asylum-Seeker Arrives in the U.S.
An Asylum seeker is generally eligible to apply for Asylum under INA § 208(a) if the Asylum seeker:
• Is arriving in or physically present in the U.S., and
• Files within one year of arriving in the U.S. or establishes that an exception applies
Step Two: Asylum Seeker Applies for Asylum
Asylum seeker files Form I-589, Application for Asylum and Withholding of Removal, with the appropriate Service Center within one year of last arrival in the U.S. (unless an exception applies).
Step Three: Applicant is Fingerprinted and Background Security Checks Conducted
Applicants between 14 and 79 years of age receive a notice from the Service Center to go to an Application Support Center or authorized Designated Law Enforcement Agency to have their fingerprints taken.
Step Four: Applicant Receives Interview Notice
In most cases, an applicant will receive a notice stating the date, location, and time of the Asylum interview within 21 days after the applicant mailed a complete USCIS Form I-589, Application for Asylum and Withholding of Removal, to the Service Center.
Step Five: Applicant is interviewed by an Asylum Officer
The applicant is interviewed by an Asylum Officer at either:
• One of the following eight Asylum offices:
1. Arlington, VA
2. Chicago, IL
3. Houston, TX
4. Los Angeles, CA
5. Miami, FL
6. Newark (Lyndhurst), NJ
7. New York (Rosedale), NY and
8. San Francisco, CA or
• A district office
In the majority of cases, the applicant is interviewed within 43 days after the filing date. The exception is for those who are interviewed at the district offices. Asylum officers travel to certain district offices to interview applicants who live far from the eight Asylum offices.
Step Six: Asylum Officer Makes Determination on Eligibility and Supervisory Asylum Officer Reviews the Decision
The Asylum Officer determines whether the applicant:
• Meets the definition of a refugee in INA § 101(a)(42)(A), and
• Is barred from being granted Asylum under INA § 208(b)(2)
A Supervisory Asylum Officer reviews the Asylum Officer’s decision to determine if it is consistent with the law. Depending on the case, the Supervisory Asylum Officer may refer the decision to Asylum Division Headquarters staff for review
Step Seven: Applicant Receives Decision
• In most cases, the applicant returns to the Asylum office to pick up the decision two weeks after the interview was conducted
• The applicant will generally receive the decision 60 days after the filing date
• Longer processing times may be required for an applicant who is currently in valid status, was interviewed at a district office, or whose case is being reviewed by Asylum Division Headquarters staff. The decision is generally mailed to the applicant in these situations
REFUGEE
Refugee Status is Granted To:
• Foreign nationals displaced by war, famine, civil and political unrest
• Foreign nationals in their home country who have experienced persecution in the past or have a well-founded fear of persecution in the future
• Foreign nationals outside their home country unable or unwilling to return back because of persecution or a well-founded fear of persecution on account of race, religion, nationality, or membership in a particular social or political group
Who is a refugee?
Generally, a refugee is a person who has fled his/her country because of fear of persecution. U.S. law incorporated the refugee definition contained in the Convention Relating to the Status of Refugees, Adopted in Geneva in 1951, which defines a refugee as a person who "owing to a well founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country; or who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it."
What is the difference between refugees and immigrants?
Refugees have fled because of persecution while immigrants have left their home countries for other reasons.
Why does the United States receive refugees?
The United States has signed the 1967 Protocol relating to the Status of Refugees, which means that it is obliged not to return refugees to their native countries.
The United States has humanitarian and democratic traditions for receiving refugees and participating in international work for refugees.
U.S. citizens have long supported these traditions. The United States is obliged to carry out part of its global responsibility for refugees because of its affiliation with international conventions and agreements.
Where are most of the world"s refugees?
The vast majority of the world"s estimated 14.1 million refugees are in the developing world. The Middle East hosted the largest number of refugees at the end of 1999, 5.8 million. Iran, alone, hosted 1.8 million refugees at the end of 1999. Africa hosted 3.1million refugees and 10.6 million others are internally displaced.
How many refugees come to the United States each year?
In fiscal year 1999, 85,006 refugees were admitted into the United States through the overseas admissions program. An additional 41,377 people applied for asylum in the United States during fiscal year 1999.
Where do most of the refugees in the United States come from?
In fiscal year 1999, 16,922 refugees admitted to the United States through the overseas admissions program were from the former Soviet Union, 22,697 from Bosnia, 14,156 were from Kosovo, 9,863 from Vietnam, 4,317 from Somalia, 2,495 from Liberia, 2,392 from Sudan, 2,018 from Cuba, 1,955 from Iraq, 1,879 from Congo, and 1,739 from Iran.
How do refugees come to the United States?
Some refugees travel to the United States on their own and apply for asylum when they arrive on U.S. soil. Many have lost everything before leaving their countries.
Every year, the United States also admits refugees through an overseas admissions program. Staff of U.S.-based non-governmental organizations and the UN"s refugee agency help U.S. government officers identify refugees in need of resettlement.
What services and benefits does the government provide for refugees who are being resettled in the US?
The US government provides the following for refugees:
• no interest travel loan to the US
• 8 months Refugee Cash Assistance (RCA) and Refugee Medical Assistance (RMA)
• food stamps
• housing assistance, furnishings, food, and clothing
• social security card
• school registration for children
• referrals for medical appointments and other support services
• employment services
• case management through community based non-profit organizations
• adjustment of status from refugee to legal permanent resident
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