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Legal Information: Federal

Immigration

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Updated: 
December 18, 2020

What are the benefits of having refugee status?

If your application is approved, you will be able to travel to the U.S. and enter the country legally. Also, with refugee status, you will be able to:

  • work legally in the U.S;1 and
  • apply for lawful permanent residence (a “green card”) after one year of being in refugee status in the U.S.2

If you didn’t include your family in your refugee application, you can apply to bring your husband or wife and unmarried children under 21 to the U.S. within the first two years of entering the U.S. as a refugee.1 This can include step-children and adopted children, but the rules are complicated.3

1 See USCIS website Refugees page
2 8 CFR § 209.1
3 SeeINA § 101(b); 8 USC § 1101(b)

How can my family members benefit from my refugee status?

When you ask for refugee status, you may also ask that some of your close family members get refugee status too as “derivatives.”1 You must do this within the first two years of being granted refugee status.2 You can include your wife or husband, and children who are unmarried and who were under 21 when you filed your application. Included in the definition of “children” are step-children and adopted children, but the rules are complicated.​3

Your family members must show that the special barriers to status known as the “grounds of inadmissibility” do not apply to them, or you must ask that U.S. Citizenship and Immigration Services “waive” any barriers that do apply to them.4

In addition, when you file for lawful permanent residence after being in the U.S. as a refugee for one year, you can also apply for your family members to get lawful permanent residence.5

1 INA § 207(c)(2); 8 USC § 1157(c)(2)
2 See USCIS website
3 INA § 101(b)(1)(E); 8 USC 1101(b)
4 INA sec. 207(c)(3); 8 USC 1157(c)(3)
5 See the USCIS website

How can I apply for lawful permanent residence once I am a refugee?

If you are in the U.S. in refugee status, you are required by law to apply for lawful permanent residence (a “green card”) one year after you came into the U.S. To get lawful permanent residence, both of the following must be true:

  • you have not lost your status and have been physically inside the U.S. for at least one year after you came in as a refugee; and
  • you are not barred from getting status by the “grounds of inadmissibility” or you ask USCIS to “waive” any “inadmissibility” barriers you face​.1

It is easy to file the wrong forms, incomplete forms, or put the wrong information in the forms, so you should work with a lawyer who can help you to file the correct documents. To find a lawyer, please go to the Finding a Lawyer page and select your state or our National Organizations - Immigration page.

1 See USCIS website’s Green Card for Refugees