Thursday, February 9, 2012

U.S. Immigration Options for Syrians

U.S. Immigration Options for Syrians

Learn about potential US immigration options for you and your loved ones. Download the PDF of the following FAQs here.
 
*Frequently Asked Questions*
  • Q: Is it possible for Syrians living in Syria to travel to the United States?
  • A: Despite the dangerous conditions in Syria, there is currently no special visa or emergency/humanitarian immigration option that allows Syrians to travel to the United States. Standard visas (such as tourist, business, or student visas) and family- and employment- based green card applications are still permitted for eligible applicants; however, processing at the U.S. embassy in Damascus may be limited and even temporarily halted.
** UPDATE: On February 6, 2012, the U.S. embassy in Damascus, Syria officially closed and halted all operations.  The embassy stated that the Polish Embassy in Damascus will assist U.S. citizens remaining in Syria by providing limited consular services. Other processing may be available through the U.S. embassy in Amman, Jordan or other posts in the region.  **
  • Q: Are Syrians in the United States who are out of status or who have visas that may soon expire eligible for asylum?
  • A: Possibly. Asylum is a form of protection extended to certain foreign nationals who are in the United States and who cannot safely return to their home countries. Asylum seekers must prove that they have a well-founded fear of persecution/harm based on their particular personal situation relating to their:
    • (1) political opinion/activity
    • (2) nationality
    • (3) religion
    • (4) race, and/or
    • (5) membership in a particular social group
Given the current situation, examples may include a Syrian national in the U.S. who attended protests in the U.S.; a Syrian national who is an active member (or closely related to an active member) of opposition-related organizations; or a Syrian national whose family member was harmed or killed by the Syrian government during a protest, etc.

Generally, the law does not apply to individuals who fear returning to their home country due to generalized violence, civil wars, criminal prosecution, harassment and/or discrimination, and economic or environmental reasons
.

However, even these reasons may suffice if they can be connected to one of the five listed reasons.

A
sylum seekers are generally required to apply for asylum within 1 year of their arrival; however, given the unprecedented country conditions in Syria, exceptions may apply. 

Persecution must either be carried out by the government or a group the government cannot control.
A person who is granted asylum may remain in the U.S. indefinitely and may apply for the green card after one year. Individuals who do not qualify for asylum may be eligible for withholding of removal or protection under the Convention Against Torture.
  • Q: Has the U.S. government designated Syria for any special immigration protection based on the current situation?
  • A: No. Temporary Protected Status (TPS) is not available for Syrians. TPS is a temporary immigration status granted to foreign nationals of certain countries who are in the U.S. and who cannot safely return to their home countries. Currently, the United States has not extended TPS protection to Syrian nationals. Various organizations, have recently made requests to the Obama administration to extend TPS to Syrian nationals. However, TPS, which currently only applies to 6 countries, is rarely made available to other countries.
  • Q: Are there any other immigration options for Syrians in the United States?
  • A: Standard family- and employment-based options remain available for eligible applicants. Other forms of relief may be available for individuals in deportation proceedings, such as cancellation of removal, or for individuals with outstanding deportation orders, such as deferred action or potential reopening of their cases. Other options may be available based on particular circumstances.
  • Q: Do you need additional information?
  • A: If you would like to discuss potential immigration options for you or a family member, please send us an email and, if available, we will connect you with a qualified attorney for a free initial consultation. Please include your name, phone number, email, city/state, and as much detail as possible about your situation and why you believe you may qualify for immigration relief. All inquiries are confidential and are sent directly to the attorney.
** DISCLAIMER: The information in this message provides general information only. This information does not constitute legal advice and does not take the place of consulting with an attorney. We do not warrant that the materials in this message are completely accurate, error-free or comprehensive. **