Asylum
If you have suffered persecution (or fear that you will suffer persecution) due to race, religion, nationality, membership in a particular social group, or political opinion, then you may be eligible for asylum and remain in the U.S. Please see the following steps:
1. Within 1 year of your arrival in the U.S., you must apply for asylum by filing a Form I-589, Application for Asylum and for Withholding of Removal, along with proper supporting documents, with USCIS. You can include in your application your spouse and children (unmarried and under 21) who are also in the U.S.
2. Work Permit (Employment Authorization):
----- You can apply for a work permit by filing a Form I-765, if 150 days have passed since you filed your I-589 application and USCIS has not made a decision on your application.
----- If you are granted asylum, you can work immediately without applying for or obtaining a work permit.
3. If you are granted asylum and want to bring your spouse and children (unmarried and under 21) from abroad, you must file a Form I-730, Refugee/Asylee Relative Petition, within 2 years of being granted asylum.
4. You may no longer qualify for asylum in the U.S., if the conditions in your home country change or if you no longer meet the definition of an asylee due to changed circumstances.
5. Applying for Permanent Residence (green card) based on asylum: If you are an asylee, you can apply for permanent residence (green card) by filing a Form I-485, if:
----- You have been physically present in the U.S. for at least 1 year after being granted asylum;
----- You continue to meet the definition of an asylee;
----- You have not abandoned your asylee status;
----- You are not firmly re-settled in any foreign country; and
----- You continue to be admissible to the U.S.
Your spouse and children (unmarried and under 21) also can apply for permanent residence, if they were included in your grant of asylum or if they were admitted into the U.S. as asylees. Each person has to file a separate Form I-485.
[Refugee]
You qualify as a refugee if:
----- You are located outside the U.S.;
----- You are of special humanitarian concern to the U.S.;
----- You were persecuted (or fear persecution) due to race, religion, nationality, or membership in a particular social group, or political opinion;
----- You are not firmly re-settled in another country; and
----- You are admissible to the U.S.
Please see the following steps:
1. You must receive a referral to the U.S. Refugee Admissions Program (USRAP) for consideration as a refugee. Once you receive a referral, you will also receive assistance filling out your application and will be interviewed by a USCIS officer. You can include in your case your spouse and children (unmarried and under 21).
2. If you are approved as a refugee, you will receive a medical exam, a cultural orientation, assistance with your travel plans, and a loan for your travel to the U.S. After you arrive, you will be eligible for medical and cash assistance.
3. If you are a refugee who has arrived in the U.S. and want to bring your spouse and children (unmarried and under 21) from abroad, you must file a Form I-730, Refugee/Asylee Relative Petition, within 2 years of your arrival in the U.S.
4. As a refugee, you can work immediately upon arrival in the U.S. When you are admitted into the U.S., you will receive a refugee admission stamp, and a Form I-765, Application for Employment Authorization, will be filed for you. While you are waiting for your EAD card to be issued, your refugee admission stamp will prove your permission to work in the U.S.
5. Applying for Permanent Residence (green card) based on refugee status: As a refugee, you must apply for permanent residence (green card) if:
----- You have been physically present in the U.S. for at least 1 year after being admitted as a refugee;
----- You have not had your refugee admission terminated; and
----- You have not already acquired permanent residence (green card).
Your spouse and children (unmarried and under 21) also can apply for permanent residence, if they were also admitted into the U.S. as refugees. Each person has to file a separate Form I-485.