refugee | Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog

Iraqi refugees and immigrants from Iraq holding work Visas in the US will experience many challenges in the coming years

Posted on March 15, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Additional challenges will be faced by immigrants from Iraq that intend to live and work in the US. GAO issued a report on Iraqi refugees and special immigrant visa holders. GAO analyzed data on Iraqi refugees and SIV holders in the United States, and laws and regulations on the benefits afforded to them. More data of long term positive or negative benefits will be examined this year.

Refugees and immigration

Central American Refugees

Syrian Refugees

Refugees for Immigrants from Iraq holding work visas

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What is Refugee Processing?

Posted on February 15, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The U.S. Attorney General has statutory discretionary authority to admit any refugee who is not firmly resettled in a third country, who is determined to be of special humanitarian concern, and who is admissible as an immigrant. The Attorney General has delegated this authority to the Bureau of Citizenship and Immigration Services (INS). In both overseas refugee processing and domestic asylum proceedings, BCIS has the statutory role of being the decision-maker, determining who meets the requirements for refugee status.

Within the BCIS , the Office of International Affairs, Refugee Branch, located in Washington, D.C., is responsible for oversight and management of the entire BCIS overseas U.S. refugee adjudication program. The overseas refugee processing is assigned by geographic location to the three District Offices, which are located in Rome, Mexico City, and Bangkok. The refugee interviews are conducted by BCIS officers, who are stationed in the three overseas district offices and numerous other sub-offices, and by domestic U.S. asylum officers who travel to overseas locations.

Asylum persecution

Bureau of population refugees and migration

Form I-131 for a refugee travel document

Refugees and immigrants

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What is a Refugee?

Posted on February 15, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Prior to 1980, departure from communist-dominated or communist-occupied states, or departure from countries in the Middle East, was generally sufficient justification for refugee eligibility. Until this time, U.S. refugee policy was dominated by Cold War geopolitical concerns and strategies. The Refugee Act of 1980 sought to eliminate the prevailing geographic and ideological preferences and to emphasize that persecution, not provenance, was to be the basis for determining refugee eligibility.

The Refugee Act formally incorporated into U.S. law the international definition of refugee contained in the 1951 United Nations Convention relating to the Status of Refugees and its 1967 Protocol. A refugee is defined as a person outside of his or her country of nationality who is unable or unwilling to return 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. By Presidential Determination certain refugees may be processed while still in their countries of origin (Cuba, Vietnam, and the former Soviet Union). While in-country processing was designed to be an exceptional remedy to refugees of compelling need, a large percentage of all refugees admitted to the United States have been processed in-country.

Under U.S. law, a person who has committed acts of persecution, or has assisted in the commission of persecution in any way, on account of race, religion, nationality, membership in a particular social group, or political opinion, is not eligible for classification as a refugee.

Refugees and immigration

Refugee and asylee follow to join cases

US refugee program

Information regarding asylum refugee and relative petitions to the US to be offered by the government

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Refugee Adjustment

Posted on February 15, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

If you have been a refugee or held asylum status for at least one year, you may be eligible to change your status to that of a permanent resident.

There is a large package that must be prepared and sent to BCIS . A copy of the letter granting you derivative asylee status either on the basis of having been included on the principal’s original asylum application or on the basis of having been the beneficiary of a petition filed by the principal.

Evidence of one year’s physical presence in the United States. Please keep physical presence evidence to an absolute minimum. Evidence might include a letter of employment, a lease, school enrollment records, or similar documentation, which would cover broad periods of time.

If you wish to travel outside of the U.S. (and return) while your application is being processed, you may use Form I-131, Application for Travel Document, to apply for a refugee travel document. More information may be found at Emergency Travel, and How Do I Get a Travel Document.

Each of the above named applications must be complete in its own right. All required documentation must be submitted with each concurrent application.

If you apply for work authorization and do not receive the document within 90 days of filing the application, you may obtain an interim work authorization document. After 90 days have passed, simply present the receipt that shows you have filed Form I-765 at your local office.

Bureau of population refugees and migration

Central american refugees

Cuban refugee adjustment act

Information regarding asylum refugee and relative petitions to the US be offered by the government