A person may seek permanent residence in the
U.S. on the grounds that he or she faces persecution in his
or her homeland. If the person is already in the United States,
the person requests "asylum" status; if they are outside the
U.S., they request "refugee" status.
In order to obtain status as a refugee, the person
must prove that he or she has a "well-founded fear of persecution"
on the basis of at least one of the following internationally
recognized grounds: race; religion; membership in a social
group; political opinion; or national origin. Refugees generally
apply for admission to the United States in refugee camps
or at designated processing sites outside their home countries.
In some instances, refugees may apply for protection from
within their home countries. If accepted as a refugee, the
person is sent to the U.S. and receives assistance through
the federal government.
A person who is already in the United States and
fears persecution if sent back to his or her home country
may apply for asylum in the U.S. by filing an application
with the Immigration & Naturalization Service. Like a refugee,
an asylum applicant must prove that he or she has a "well-founded"
fear of persecution based on the same grounds, that is: race;
religion; membership in a social group; political opinion;
or national origin. In most cases, an individual must apply
for asylum within one year of arriving in the U.S.
Persons from the former Soviet Union who are ethnic
or religious minorities have the best chance of succeeding
in an asylum case. Also, ethnic Russians living in republics
such as Kyrgistan, Uzbekistan, Tajikistan or other Muslim
republics also may have a good case based upon the treatment
of ethnic Russians and non-Muslims in those countries.
WARNING: The following is article
discussing legal issues. It is not intended to be a substitute
for legal advice. We recommend that you get competent legal
advice specific to your case. If you would like such advice
from our office, call (415) 777-4445 or (916) 349-2900 or
(408) 993-9737. |
