An individual can apply for Asylum in the United States seeking protection because he/ she has suffered persecution or fear that he/ she will suffer persecution due to Race, Religion, Nationality, Membership in a particular social group or Political opinion.
If the individual is eligible for asylum he/ she may be permitted to remain in the United States. To apply for Asylum, the inidividual must file Form I-589, Application for Asylum and for Withholding of Removal, within one year of arrival to the United States. There is no fee to apply for asylum.
If the individual is granted asylum he/ she may work in the US. But the individual cannot apply for permission to work (employment authorization) in the United States at the same time the application for asylum is made. However, the individual ay apply for employment authorization if 150 days have passed since he/ she filed complete asylum application, excluding any delays caused by you and no decision has been made on the application.
The individual may apply for a green card one year after being granted asylum.
After being granted asylum the individual may bring his/ her spouse and children to the United States by filing a Form I-730, Refugee/Asylee Relative Petition.
Under United States law, a refugee is someone who Is located outside of the United States, is of special humanitarian concern to the United States, demonstrates that they were persecuted or fear persecution due to race, religion, nationality, political opinion, or membership in a particular social groupIs not firmly resettled in another country and is admissible to the United States. A refugee does not include anyone who 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.
One must receive a referral to the U.S. Refugee Admissions Program (USRAP) for consideration as a refugee. Refugee's case may include your spouse, child (unmarried and under 21 years of age), and in some limited circumstances, other family members..
If one is a refugee in the United States and want his/ her family members who are abroad to join, he/ she may file Form I-730, Refugee/Asylee Relative Petition, for spouse and unmarried children under 21. This filing must do bone within two years of arrival to the United States unless there are humanitarian reasons to excuse this deadline.
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