Eligibility and Benefits Of Refugee Status
Every year the USA accepts thousands of refugees. To be considered a refugee, you need to be born outside the US and seek protection from the extreme persecution you’ve suffered due to your religion, race, nationality, belonging to a specific group or holding certain political views.
Persecution refers to horrific situations such as imprisonment, torture, political turmoil, genocide, etc.
People that qualify for refugee status can enter and live legally in the USA; they also have paths to citizenship.
Eligibility for Refugee Status
In order to be officially classified as a refugee, the USCIS has to assess whether you qualify for refugee status and meet the requirements of the Immigration and Nationality Act (INA).
Generally, to be eligible for refugee status you need:
- You are located outside the US
- You are a victim of severe persecution because of your religion, race, and nationality, membership in a specific group or your political views.
- You haven’t resettled in another country
To get refugee status you’ll need a referral to the USRAP (US Refugee Admissions Program). Once you get the referral, you can ask for the services of an immigration lawyer to help you file the application and finally be interviewed by an USCIS officer. The officer will decide whether you qualify for refugee resettlement.
Refugees in the USA who want their family members from abroad to join them, can file Form I-730, Refugee/Asylee Relative Petition. This form/petition can help you bring your spouse and unmarried children under the age of 21 to come to the US. This paperwork needs to be completed and filed within 2 yrs of your arrival; in certain circumstances the deadline will be extended.
Obtaining a Green Card
Those that are given refugee status can apply for permanent residence (green cards) after a year of being in the country. If your spouse and children came into the country as refugees they will also have to apply for green cards.
Applying for a green card isn’t mandatory but it is probably in your best interest because if the circumstances change in your home country, your asylum status can be taken away. Also, once you become a green card holder, you can pursue a path to citizenship.
In order to get a green card, each member of the family will have to file a Form I-485. As a refugee, you’re exempt from all fees.
Working in the USA as a Refugee
In the US, you’re permitted to work after you’ve obtained refugee status. On arrival, you’ll be given Form I-94; it will be stamped to show that you’re allowed to work aka “Employment Authorized”.
An Application for Employment Authorization (Form I-765) will then be filed so you can attain a work permit called Employment Authorization Document that allows you to legally work in the country.
As you wait for your work permit to come through, you are allowed to show your Arrival-Departure Record (Form I-94) to prospective employers to prove that it is legal for you to work in the country.
Traveling Abroad as a refugee
Refugees are permitted to travel abroad and continue pursuing their application for adjustment of status; however they need to obtain a Refugee Travel Document prior to traveling.
To receive the document, refugees should file an Application for Travel Document, Form I-131.
It is possible for you to travel to the country that persecuted however this puts your refugee status at risk.
Do you need help claiming refugee status? Are you a refugee who needs assistance in filing their green card application? Hiring an immigration lawyer can make your life easier.
Milenkovic Law Group PLLC. provides legal services in parts of New York including The Bronx, Brooklyn, Long Island, Manhattan, Queens and Westchester.
So if you are looking for a immigration attorney in Queens NY, Contact us at 914-202-0610 to book an appointment for services regarding immigration.