Fleeing a country from religious, racial, social, or political persecution, war, or hunger within a region for a safe environment, is a monumental decision and incredible burden. After strong immigration restrictions set by COVID in 2020, as well as by the Trump Administration reducing humanitarian migration, last year brought the most refugees to America in the first eight months than any other year since 2017. According to USA Facts, over one million refugees have been admitted into the United States between 2001 and 2022. Part of the reason for such high numbers included the 100 million people who were displaced throughout the world in 2022.
Qualifications for Asylum to the US
When a refugee reaches the United States and asylum is granted, they are given access to certain rights such as living and working in the US, as well as applying for legal and permanent citizenship. According to usa.gov, to qualify for asylum, a person must be physically in the United States, but not a citizen, and have the ability to demonstrate persecution in his or her home country. To seek asylum in the US, an application (Form I-589) must be filed by the refugee within one year of arriving. While it is not required to have an attorney, many applicants find it beneficial to seek legal assistance when preparing and submitting Form I-589, as the asylum process can be complex and the outcome is critically important (contact us now for help). Obtaining an asylee status means indefinite and legal residency in the United States (I-94 Arrival and Departure record).
Asylum Benefits
One of the biggest benefits of being granted asylum is gaining access to obtaining a job. Asylees are also eligible to use a number of job-associated benefits from the One-Stop Career Centers including, job search assistance, occupational skills training, and career counseling. Beyond career services, asylees may be eligible to receive financial help, medical assistance, and English language training from the Office of Refugee Resettlement (ORR).
Bringing Your Family Members to the US: Form I-730
To bring other family members, also known as derivative family members, to the United States, asylum must first be granted, and then a petition (Form I-730) must be filed for spouses and children. The person seeking asylum for derivative family members must be the principal asylee themselves and not brought to the US through someone else. Specific criteria and eligibility including school records for children, marriage certificates, arrival/departure record, a refugee travel document, and other documents proving the individual’s and family’s status. Children must be 21 years or younger, and unmarried for the petition to be approved. The petition must be filed within two years of granted asylum.
Biggest Mistakes Applicants Make with Form I-730 and How to Increase Your Chances of Success
Common mistakes can hinder Form I-730 approval. Inaccurate details (name misspellings, wrong dates of birth, addresses, etc.), missing documents, late submission, failure to respond to requests for evidence (RFEs), and misunderstanding eligibility criteria are key pitfalls. Timely submission and addressing USCIS requests are vital. Yet, navigating this complex process is smoother with an immigration attorney. Their expertise significantly boosts success rates, making the investment worthwhile. Contact Saam Borhani today for a free consultation: 818.359.6306
If USCIS denies Form I-730, the petitioner has the right to appeal the decision. The appeal process typically involves submitting a Form I-290B, Notice of Appeal or Motion, along with any additional evidence or legal arguments supporting the appeal.
Ukrainians and other Refugees
With President Biden’s refugee admission goal of 125,000 for the 2024 fiscal year, refugees from Syria, Venezuela, Burma, and Ukraine, among many others, are able to be allocated in various flexible locations across the country. According to the Department of Homeland Security, the US has admitted over 271,000 Ukrainian refugees since the beginning of the Russian invasion against Ukraine in 2022. In addition, with Biden’s “Uniting for Ukraine,” American citizens are able to financially sponsor Ukrainians and help them become acclimated in the country. In support of Ukraine, American organizations have raised over $275 million in “humanitarian relief,” reported NBC News.
Biden’s aim for his initiative is to place refugees in safe, productive environments “to pursue a life of safety and dignity without fear of persecution.”
Los Angeles Family Immigration Attorney: Serving Glendale, Burbank, Ventura County and Beyond
Our team of expert family immigration attorneys stands ready to provide unwavering support and guidance if you need help bringing your family members over the U.S. With a deep understanding of the complexities involved in Form I-730 petitions and a commitment to reuniting families, we are dedicated to assisting you every step of the way with precision and care. If you are an asylee seeking to bring your family members to safety and security in the United States, trust in our expertise to advocate tirelessly on your behalf and facilitate the reunification you deserve. We speak Farsi, Spanish, and Armenian.
Sources:
Globalcitizen.org
usa.gov
usafacts.org
migrationpolicy.org
Uscis.gov
immigrationequality.org
Nbcnews.com
rcusa.org
State.gov
Openai.com