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According to Guatemalan regulations, a refugee is considered a person who:
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Is in Guatemala because he/she was forced to flee his/her country of origin due to fear of persecution for reasons of race, religion, nationality, belonging to a certain social group, political opinions;
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She is in Guatemala because her life, safety or freedom have been threatened by situations of generalized violence, foreign aggression, internal conflicts, massive violation of human rights or other circumstances that have seriously disturbed public order;
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Has suffered persecution through sexual violence or other forms of gender-based or sexual orientation-based persecution;
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You are unable or unwilling to return to your country due to your fears.
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If you have been forced to flee your home country due to one of these reasons, you can apply for international protection (refugee status) from Guatemala for you and your family group.
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It is important for you to know that Guatemalan immigration officers and officials should not deny you access to Guatemalan territory and cannot expel you to the country where you are afraid to return.
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The application for refugee status is only the first step in the process of seeking recognition as a refugee. After the application you will have to go through an interview, where you will be able to confidentially tell why you had to leave your country. Then, the authorities will determine if you qualify as a refugee.
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In Guatemala you can also apply for asylum based on gender: for example women and single mothers with children who are victims of abuse.
1) Application
Indistinctly and without formality, it will be able to be presented:
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In written form, or
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VerballyIt can be formulated before:
It can be formulated before:
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The General Directorate of Immigration,
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Border posts of Migratory Control, terrestrial,
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air or maritime,
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Stations of the National Civil Police, throughout the country.
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Also in the department of Recognition of Refugee Status (DRER).
2) Filling out the form:
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The process is formalized in the DRER offices where you will be given a form where you will fill out all the information about why you are requesting refuge and what motivated you to flee your country of origin. Then the IGM will issue a Provisional Stay Status that must be renewed every 30 days.
3) The Interview:
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Two weeks after the formal application, the DRER will interview the refugee status applicant so that he/she can explain in detail why he/she left his/her country of origin. All information shared is confidential, which will be investigated and verified.
4) File analysis:
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The National Commission for Refugees (CONARE) will hear the case and within 30 days will issue a recommendation, opinion or suggestion to the National Migration Authority (AMN).
5) Wait for resolution:
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The NMA will determine to approve or reject the request for refugee status.
6) Notification of resolution:
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If it is favorable, the temporary refugee residency must be processed. If it is negative, an appeal for reconsideration may be filed within 10 days. The NMA must inform of the final decision within 5 days. If the AMN again decides negatively, the process can be taken to court to review the decision through judicial channels.
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UNHCR offices in Guatemala and their contact information, here.
Special Personal Identity Card, for adults and/or minors applying for refugee status recognition.
First time application:
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Original and a simple photocopy of the Proof of the Extraordinary Migratory Status of Provisional Permanence by request of refuge, issued by the Guatemalan Institute of Migration.
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Original and a simple photocopy of the Proof of the Refugee Status Application issued by the National Commission for Refugees -CONARE-.
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Photocopy of the identification document of your place of origin, if you have it.
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Renewal and reinstatement:
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In case the reinstatement is requested by a third party, in addition to the requirements of the First Time Processing the third party must submit the following:
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Replacement Request Form
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Administrative Affidavit before the Civil Registrar of Persons, for Request of Special Personal Identity Document by Third Parties.
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Original and Photocopy of the Identification Document of the applicant.
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Letter in where it mediates authorization of the refugee to request Replacement of the Personal Document of Special Identity.
Minors:
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In case the application for the Special Personal Identity Document is from a minor, in addition to the requirements that correspond to applicant for refugee recognition or recognized refugee, according to the type of procedure, a photocopy of the identification document of the appearing father or mother, or of their legal representative, if they have one, must be submitted.
- In case the minor is not accompanied by his parents or legal representative, the appearing party must present an administrative affidavit before the Civil Registrar of Persons, in which the information contained in the Extraordinary Migratory Status of Provisional Permanence for request of refuge, issued by the Guatemalan Institute of Migration, resolution issued by the National Migratory Authority and of the request of the Refugee Status, issued by the National Commission for refugees -CONARE- as appropriate, must be reiterated.
If the minor is accompanied by the "Procuraduría General de la Nación", the corresponding accreditation must be presented.
In all cases, in the absence of the original certificates, whether issued by the Guatemalan Institute of Migration or the National Commission for Refugees -CONARE-, the original and simple photocopy of the replacement of these issued by the corresponding agencies may be accepted.
More details here.
Important:
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Can a deserter apply? Yes. A person who commits a crime, receives a fair trial and flees his/her country to avoid jail, is not considered and eligible to be a Refugee. However, a person accused of felonies and other non-political crimes, who is persecuted for political or other reasons, should not be excluded from claiming and being considered for Refugee status.
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Free internet sites, here.
More details here or here
General Directorate of Migration
6av. 3-11 zone 4 Guatemala City.