February 25, 2022

Requirements for Refugee Status Immigration Into the U.S.

While the U.S. still provides for immigration into its borders as well as permanent residency, that benefit falls into multiple categories including temporary visas, permanent residency, and refugee status. For those seeking refugee status, the road can be confusing. Many feel they easily qualify for consideration given their personal situation, but the U.S. government has a very specific criteria set that applies to such candidates. And if it is not followed, some can find they have nullified their chances before even being able to apply, according to many an immigration lawyer Sacramento California expert when asked.

Basic Criteria for Refugee Status Consideration

To be eligible just for consideration and application, a refugee application for U.S. immigration must first meet the following:

• They must be physically outside U.S. borders and have never tried to enter illegally.
• Their immigration falls within a group that the U.S. has identified as a “humanitarian concern.”
• The candidate can show he or she was outright persecuted in their home country or location based on specific classes of identification (religion, race, political position, social group, or nationality).
• The person remains unsettled in any other country (i.e. living in a refugee camp or temporary placement).
• Can be admitted to the U.S. (i.e. doesn’t have a prior criminal record already or similar).

Unlike common myth and rumor, refugee status is not automatically given to someone who has been prosecuted in general. Also, claiming asylum does not extend a person’s stay in the U.S. if they are denied placement. In fact, in 2020 the Supreme Court made it clear an objection to a denial for asylum does not bind a deportation from occurring. Further, in 2018, the nature of a refugee status was narrowed, and those seeking asylum because of general violence in their home country or location was not enough for approval either (gang violence and domestic violence were removed as possible reasons). This was an unwelcome surprise for immigration attorneys Sacramento CA litigators as well as elsewhere across the country and part of a bigger effort to tighten up the U.S. borders and immigration in general.

Legal Help is Practically a Necessity for Successful Refugee Status Approval

Given the easily confusing nature of the current federal law on the matter, refugees seeking immigration approval are best advised to be working with an immigration expert like the Manzoor Law Firm Inc. In many cases, refugees already have a contact in the U.S. or relatives, and they can benefit from the guidance of an immigration law firm Sacramento resource if trying to get into the California area or similar. Regardless of the actual choice, the insight and help an immigration attorney Sacramento CA expert can provide with refugee status approval can be immense. Again, simple mistakes can bar a person completely from the process, like entering the U.S. illegally and getting caught. Some will try this, hoping to get approved once in-country.

Instead, an immigration lawyer Sacramento CA expert can help guide the person to apply before entering the U.S., preserving his or her candidacy for review rather than losing the chance entirely. Qualified counsel can also take care of a lot of the legwork needed in terms filing the right paperwork with the federal agencies and court correctly, avoiding basic filing mistakes. While there is no guarantee that a represented case will automatically be approved by the U.S. government, by and large expert immigration representation has made and continues to make a difference in thousands of cases across the country every year. Contact the Manzoor Law Firm Inc to find out more regarding your specific case and needs.