Refugee Law

In the United States, in order for a foreign national to qualify as a refugee, he must prove that he meets the definition of the term refugee under the Immigration and Nationality Act (INA). This definition of refugee mirrors the definition adopted in the Refugee Act of 1980 which defines a refugee as a person outside of his country of nationality who is unable or unwilling to return to his country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion. In some cases, by way of Presidential Determination, some refugees may be processed while still living in their countries of origin. Under U.S. law, any person meeting this definition that has engaged in acts of persecution is not eligible for refugee status. The definition under U.S. law does not include all of the elements of the definition of the term refugee as defined by the United Nations High Commissioner for Refugees (UNHCR), which may include individuals fleeing natural disasters and civil wars. Additionally, in the U.S. the definition of the term refugee excludes so-called "economic migrants" who are fleeing their countries of origin to seek out a more prosperous life. A refugee is distinguished from an asylum seeker in that an individual claiming asylum meets the refugee definition but is already present within the United States or claims asylum at a U.S. port of entry.

Fast Facts

  • The administrating agency in the Unites States for issues pertaining to immigration is the United States Citizenship and Immigration Services (USCIS).
  • USCIS prompts potential refugees who have immediate relatives who are U.S. Citizens or special immigrants living in the United States to apply for an immigrant visa.
  • Individuals who meet the definition of refugee under U.S. law but have been firmly resettled in another country. This includes individuals who hold a dual citizenship or have been offered resident status or citizenship in another country.

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  • Applying for Asylum and Refugee Status

    There is very little that is as dangerous as facing a possible unfair jail sentence or execution due to politi...
    • Site: usimmigrationlawyers.com
  • Asylum Law and International Human Rights

    In many societies around the world, women are subject to unique forms of discrimination, that can only be desc...
    • By: Philip Teplen
    • Site: usimmigrationlawyers.com
    • 1 of 1 user(s) found this useful
  • United States Immigration

    United States immigration is a contemporary issue not only affecting all American citizens, but also, any fore...
    • Site: lawfirms.com
  • Immigration Facts

    Immigration Fact Sheet 1996 (October 1997) The attached Immigration Fact Sheet is a compil...
    • Site: usimmigrationlawyers.com
  • Glossary of Terms

    Accompanying: A type of visa in which family members travel with the principal applicant, (in immigrant visa c...
    • Site: usimmigrationlawyers.com

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