Timothy A. Gambacorta Immigration Law Blog on Lawyers.com

A refugee is a person who is outside their country of origin or habitual residence unable or unwilling to return to his or her native country due to persecution on account of race,  nationality, religious beliefs, or could also be that his or her life is being threatened.
 
For him or her to apply for a refugee status, he or she must be physically located in the United States. But if he or she is already physically in the U.S, he or she may apply for asylum. He or she may be referred to as an “asylum seeker” until the state recognizes his or her claim.

To apply for a refugee status, he or she must prove that he or she fits the definition of Immigration and Nationality Act, which is likewise identical to the United Nations protocol which was adopted in 1967. Although the he or she may fit the definition, there are other factors that could lead his or her application to be denied. He or she may be denied of the refugee status if he or she has a communicable disease or drug addiction, or has committed a serious crime on any number of levels. He or she is also required to provide proofs such as photos, testimonials that could support their claim of that founded fear.

Below are the list of instructions in claiming a refugee status:
¿    To be eligible to apply for an asylum as a refugee, he or she must be able to establish that he or she is a refugee who is unwilling or unable to return to his or her country of nationality because of fear of persecution on account of race, religion, nationality, or that is life is being threatened.
¿    He or she must supply documents of the events in an essay describing the events that led him or her to run away from his or her country.
¿    Collect informations like news articles or could also be letters from family members or relatives that would show updates of informations regarding the general condition of his or her country at the current time.
¿    He or she must fill out form I-589 and follow instructions and fill out the form very carefully.
¿    Send application along with the documented essay, passport photographs, copies of his or her passport or travel documents and identification card to the United States Citizen and Immigration Services (USCIS) that has jurisdiction over the area where he or she lives. More of the information will be found under the instructions of Form I-589.
¿    An asylum officer will then call him or her in to verify that his or her story confirms the information he or she has submitted. If the asylum officer finds out that his or her claim is false/ does not corroborate with the information, or would be doubtful of his or her story, he will then be denied of is claim and will be referred immediately for deportation proceedings back to his or her country.
¿    But if the asylum officer grants his or her claim, he or she may file for Permanent Residency after 1 year. He or she must submit Form I-485 and supporting documents and will have another interview with the USCIS.

For more answers to frequently asked questions, to chat live with Timothy A. Gambacorta, set up an appointment, or simply to learn more about The Gambacorta Law Office, please visit our website at The Gambacorta Law Office, LLC