Thursday, November 5, 2009

Refugee

Applying for refugee status is similar in nature to applying for asylum. In general an individual applying to be a refugee must apply when they arrive in the United States (this can be a port of entry, for example in Southern California, San Ysidro or Los Angeles International Airport) or are already in the United States. A refugee must show to the immigration official that they are unable or unwilling to return to the country of origin because of persecution or a credible fear of future persecution.

The applicant must show that they have been or will face persecution based on; 1) political views, 2) race, 3) nationality, 4) religion or 5) membership in a particular group. The applicant must also show that they have not participated in any act of persecution. Refugee status may not be granted to an applicant if they have permanently settled in another country. For example, a person flees Nigeria for France. He lives in France for 7 years, has a home there, works there and received some kind of status in France. This individual would probably not be granted refugee status as they have already permanently settled in another country.

A final note about refugee status is that the applicant can give derivative status to children or spouse.

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