Peter B. Li, Attorney at Law

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Refugee

Definition

A refugee is defined as a person outside of  his country of nationality and not within the U.S., who is unable or unwilling to return to his home country because of persecution or a "well founded fear of persecution on account of race, religion, nationality, membership in a particular group or political opinion."  A refugee includes one who is still within the country of persecution under special circumstances as the President may specify after consultation with Congress.  In addition, it also include forced abortion, involuntary sterilization or other coercive population control programs as constituting persecution on account of political opinion.

Political Asylum:  People who applied for refugee status are outside of the U.S., while political asylees are inside the U.S.  But the basis for eligibility for both Refugees and Asylees is very similar.

On 3/6/07, DOS issued its 2006 Country Reports on Human Rights Practices.

May 1, 2007, DOS 2006 Country Reports on Terrorism

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Refugee/Asylee Relative Petition

If you are currently in refugee or asylee status, you may be able to help your relative get asylee or refugee status also.  To do so, you will need to file form I-730, Refugee/Asylee Relative Petition.

The I-730 must be filed with two year since your entry as a refugee or since the date you were granted asylum status. You can file I-730 for your spouse or unmarried children under age 21.

You cannot file form I-730 for spouses acquired if you married after you have become refugees or asylees.

Asylum applicationa must be filed within one year of arrival.

Standard Operating Procedures of USCIS for the processing and adjudication of I-589 asylum and withholding of removal applications.

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