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Introduction to Refugees and Their Types

A refugee is someone forced to leave their home country due to a well-founded fear of persecution or harm. This persecution may stem from reasons such as race, religion, nationality, political opinion, or membership in a specific social group. Recognized under international law, refugees are people who cannot return safely to their country of origin and seek protection in a different nation. The 1951 United Nations Refugee Convention, along with its 1967 Protocol, defines the rights of refugees and the obligations of the countries that offer them asylum.

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Convention Refugees: These are individuals who meet the definition outlined in the 1951 UN Refugee Convention. They have fled their country due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a specific social group. Canada uses this definition to assess eligibility.

Persons in Need of Protection: In USA, a person who may not strictly meet the criteria of a “refugee” but still faces severe risks upon return to their home country (e.g., torture, risk to life) may qualify as a person in need of protection.

Internally Displaced Persons (IDPs): Unlike refugees, IDPs have not crossed an international border but are forced to flee their homes due to conflict, persecution, or natural disaster. They remain under the jurisdiction of their country, lacking the same international protections as refugees.

Types of Refugee's In USA

Who is eligible

To qualify for asylum in the United States, applicants must demonstrate a credible fear of persecution in their home country due to factors such as race, religion, nationality, political opinion, or membership in a particular social group. Claims can be initiated at the U.S. border, port of entry, or from within the country. However, those with serious criminal records, previous asylum denials, or safe third-country transits may face limitations on eligibility.

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Time to get decision

The U.S. asylum process can take several months to years to conclude. For applicants who pass the initial "credible fear" interview, the process typically lasts from 6 to 18 months, depending on the specific immigration court and applicant’s case complexity. Delays are common, especially if appeals are involved.

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Cost

There is no fee to file Form I-589 for asylum in the U.S. However, legal representation is often essential and varies in cost depending on the case’s complexity. Pathvisas can connect applicants with skilled immigration lawyers who provide quality support at fair rates, ensuring a strong case is made for asylum.

Upon approval, claimants receive asylee status, which grants them the right to remain in the U.S., work, and apply for permanent residence after one year. Asylees may also petition to bring immediate family members (spouse and unmarried children under 21) to the U.S. under derivative asylum status.

In Case of Approval

  • Asylum seekers and approved asylees are advised against traveling to their home country, as it may be interpreted as a lack of fear of persecution and could jeopardize their protection status and future residency or citizenship applications.

Restrictions

Benefits

Approved asylum seekers in the United States have access to various benefits:
 

  • Work Authorization: Asylum applicants may apply for an Employment Authorization Document (EAD) after 150 days from the filing date of Form I-589 if their case is still pending.
     

  • Healthcare and Social Services: Asylees may qualify for public healthcare and certain federal benefits, such as Medicaid, food assistance, and other social services.
     

  • Education: School-age children of asylees can access public education, and adults may pursue higher education or vocational training.
     

  • Pathway to Permanent Residency and Citizenship: Asylees can apply for a green card one year after being granted asylum and may be eligible for U.S. citizenship after five years as a permanent resident.

How Pathvisas Can Help

Pathvisas provides comprehensive support at each step of the U.S. asylum process:

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  • Eligibility Assessment: We review each client’s case to determine eligibility under U.S. asylum law and identify the strongest grounds for application.
     

  • Document and Evidence Assistance: Pathvisas helps clients gather, organize, and submit documentation to build a well-supported case.
     

  • Legal Representation: Our network includes experienced U.S.-based immigration attorneys who provide representation during credible fear interviews, asylum hearings, and appeals.
     

  • Post-Decision Support: Whether the outcome is favorable or requires an appeal, Pathvisas assists clients with navigating next steps, including green card and citizenship applications for approved cases.
     

By staying informed on U.S. immigration policies and procedures, Pathvisas ensures each client receives accurate, timely guidance tailored to their unique situation.

Decision

Approval:
 

  • Approved applicants receive asylum status, allowing them to live and work in the U.S. and providing a path to permanent residency.
     

Refusal:

  • For applicants whose cases are refused in immigration court, options include:

    • Appeal to the Board of Immigration Appeals (BIA) within 30 days.

    • Judicial Review by the U.S. Circuit Court of Appeals, where possible.

  • In certain cases, applicants can seek Withholding of Removal or Protection under the Convention Against Torture (CAT), though these provide more limited protections than asylum.

In Case of Refusal

  • If the asylum application is denied, claimants can explore several appeal options:
     

  • Board of Immigration Appeals (BIA): Applicants may file an appeal with the BIA within 30 days of the initial decision.
     

  • Federal Court Review: If the BIA denies the appeal, claimants may petition the U.S. Court of Appeals to review the case based on legal errors.
     

  • Temporary Protected Status (TPS) or Withholding of Removal: In some cases, applicants may qualify for TPS or other forms of relief if they cannot return to their home country due to ongoing conflict or threats.

Step 1: Application and Credible Fear Interview (1-3 weeks)

  • Applicants file Form I-589 (Application for Asylum and Withholding of Removal) with the U.S. Citizenship and Immigration Services (USCIS). Those apprehended at the border may undergo a "credible fear" interview with a USCIS officer to establish their initial eligibility for protection.

  • If the applicant is not detained, they may be scheduled for an asylum interview with USCIS. Those in removal proceedings have their cases heard in immigration court before a judge, where evidence and arguments are presented.

Step 2: Asylum Interview or Immigration Court Hearing (3-6 months)
Step 3: Decision

  • Approval: If approved, claimants are granted asylum status, allowing them to remain in the U.S. and apply for a green card after one year.

  • Refusal: If the claim is denied, applicants may appeal the decision to the Board of Immigration Appeals (BIA) or pursue further appeals in federal court.

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