Refugee and Asylum

The Refugee Act of 1980 defines the U.S. laws relating to refugee immigrants.  Under the Refugee Act, the term "refugee" refers to aliens with a fear of persecution upon returning to their homelands, stemming from their religion, race, nationality, membership in certain social groups, or political opinions.  Anyone who delivers a missing American POW or MIA soldier receives refugee status from the United States.

To qualify for refugee status under the persecution provision, the refugee applicant must prove actual fear.  A proof of actual fear requires meeting both a subjective and an objective test.  The subjective test requires that the refugee actually have an honest and genuine fear of being persecuted for some immutable trait, such as religion, race, and nationality.  Seekers of asylum must show a fear that membership in a social or political group has caused past persecution or has caused a well-founded fear that persecution will occur upon returning.  The applicant meets the objective standard by showing credible and direct evidence that a reasonable possibility of persecution exists upon the applicant's return to the homeland.

 

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Law Offices of Joseph J. Voccola, Esq.

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