Asylum and Refugee Status
Applying for asylum in the U.S is completely different from applying for a regular visa hence it takes more time to process. On the average, applying for asylum takes around 6 months or more; It is a very selective and rigorous process, but with the right legal counsel and for the right reason, you can be eligible.
Applying for asylum in the U.S means you have to carefully understand the facts about applying for asylum; note that only persons who are already in the U.S and fear that their life may be in danger if they return to their home country can apply for asylum. One may be able to get asylum in the U.S if request is filed before one year of stay in country or at point of entry into the United States but if one exceeds a year in the U.S before filing for asylum; he or she would be deemed ineligible. When filing for asylum under persecution, persecution should be under one of these criteria’s:
- Race
- Religion
- Nationality
- Social Group
- Political Opinion
- Immediate Relative Immigrant Visas (Unlimited)
- IR-1: This visa is issued if you are a spouse of a US citizen.
- IR-2: This visa is issued to children of US citizens under the age of 21
- IR-3: This visa is issued to an orphan adopted abroad by a US citizen.
- IR-4: This is issued to an orphan to be adopted in the US by a US citizen.
- IR-5: This visa is issued to a parent of a US citizen that is at least 21 years old.
- Family Preference Immigrant Visas (Limited)
- Family First Preference (F1): This is issued to unmarried sons and daughters of U.S citizens and their minor children.
- Family Second Preference (F2): This visa type is for spouses, minor children and unmarried sons and daughters, 21 years and above of lawful permanent residents.
- Family Third Preference (F3): This visa is issued to married sons and daughters of U.S citizens and their spouses and minor children.
- Family Fourth Preference (F4): This visa is issued to brothers and sisters of U.S citizens and their spouses and minor children, provided the U.S citizens are at least 21 years of age.
From a legal standpoint, this includes threats of violence, the denial of human rights and freedoms and unjust imprisonment. The most effective way to seek for asylum in the United States is to enlist the help of an immigration lawyer.
If you receive refugee status in the United States, your children and spouse can also be granted asylum status as your derivatives.
If your family is already in the United States with you, you can simply include their names on your application forms. If they are outside of the United States, you will have to apply for them separately so they can join you.
Family-Based Visas
There are two major types to family-based visa in the United States; they are:
These visa types are based on a close family relationship with a U.S citizen described as an Immediate Relative (IR). Immediate Relative visa types include:
This visa type is for specific, more distant, family relationships with U.S citizen described as an Immediate Relative. Its categories are:
Family Visa for Green Card Holders
As a green holder or a permanent resident in the United States, you may petition for certain family members to immigrate to the US as permanent residents also. Although, this only applies to certain members of the green card holder’s family which includes spouse (husband or wife), unmarried children under 21 years of age and unmarried son or daughter of any age.
Preferences are given to these visa types and visas are made available according to preference priority date, but immediate relatives like spouse, children and parents can get visa without worrying about visa availability period although there will be a wait of many months.
