Applying for Refugee Status in the U.S.

Immigration law requires a Presidential Determination each year to review the refugee situation and establish priorities for acceptance. A limited number of refugees are resettled into the U.S. each year.

The current criteria are as follows:

• Priority 1. United Nations High Commission for Refugees (UNHCR), or the U.S. Embassy, or a non-governmental organization refers them to the United States for resettlement.
• Priority 2. They are members of specified groups of special humanitarian concern as determined by the United States Refugee Admissions Program (USRAP).
• Priority 3. Spouses, unmarried minor children, and others that have an anchor relative in the U.S. who is a refugee or asylee.

How Do I Apply for Refugee Status?

Those seeking a refugee determination should approach either the UNHCR or U.S. Refugee Program where they currently stay. From there, applicants will continue in the process through a nearby USCIS office. There will be several forms required, such as I-590, G-325C, and FD-258. There will be an in-person interview with a USCIS officer.

A seasoned refugee lawyer like ours at Gambacorta Law can help you through the complex application and interview process. Contact us by calling (847) 443-9303 today!

Background Checks for Refugees

The screening of refugee applicants includes backgrounds checks through biographic data, fingerprints, travel history, and other security measures. Even if USCIS approves an applicant, U.S. Customs and Border Patrol (CBP) must find them to be admissible. The refugee is vetted prior to departure from a foreign country to the U.S. and again on their arrival.

Can Refugee Status Be Revoked?

Yes. Refugee status can be terminated if you no longer have a well-founded fear of persecution. Those who have not received their green card may be at risk of no longer having the right to stay in the U.S. If they are wanting to stay in this country, refugees should apply for their green card as soon as they are eligible.

New Designation for Afghan Nationals

The increased level of violence in Afghanistan triggered an update to refugee priority criteria. On Aug. 2, 2021, the Department of State announced certain Afghan nationals who are at higher risk due to their affiliation with the United States now have a Priority 2 designation. This change also includes their eligible family members.

Individuals eligible for the program include:

• Afghans who do not meet the minimum time-in-service for a special immigrant visa but who work or worked as employees of contractors for the U.S. government, U.S. Forces Afghanistan (USFOR-A), International Security Assistance Force (ISAF), or Resolute Support
• Afghans who work or worked for a U.S. government-funded program or project in Afghanistan supported through a U.S. government grant or cooperative agreement
• Afghans who are or were employed in Afghanistan by a U.S.-based media organization or non-governmental organization

Eligible Afghans cannot self-refer to the U.S. Refugee Admissions Program (USRAP). In cases where they had worked for a governmental agency or contractor, referrals must be made by a U.S. government official. For those who worked for non-governmental entities, the senior-most U.S. citizen employee must make the referral.

Legal Help for Refuge Seekers

Immigration laws and policies change and are inherently complicated. Our knowledgeable refugee lawyers understand the latest changes and how they affect you.

Do you need help filing a refugee application? Not sure where to start? 
Call Gambacorta Law at (847) 443-9303 or 
contact us online for a free consultation.