Refugee status and asylum are both terms used in immigration law that describe efforts to protect individuals fleeing persecution by traveling to the United States, but they have different processes, criteria, and overall definitions. An immigration attorney in NYC can help you understand the varying legal terms and definitions related to your status in the United States. Contact an experienced lawyer today for more information and legal representation.
How is Refugee Status Different from Asylum?
Both refugee status and asylum may be granted to individuals who have been persecuted or fear that they will be persecuted as a result of their race, religion, nationality, or membership in a social or political group.
Although refugee status and asylum are similar, they have key differences that impact who is eligible and how you can apply.
What is Refugee Status?
Refugee status is a type of protection granted to individuals who meet the criteria to be considered a refugee and who the United States has a special humanitarian concern with. According to U.S. law, a refugee is a person who:
- Is located outside of the United States
- Is of special humanitarian concern to the U.S. government
- Has been persecuted or has a reasonable fear of persecution due to their race, religion, nationality, political opinion, or membership in a social group
- Has not settled in another country
- Is admissible to the U.S.
Individuals who meet the above criteria, are outside of their country of origin, and are unwilling to return because of their fear of persecution can be considered refugees.
The first step for most individuals attempting to secure refugee status is registering with the UNHCR (United Nations High Commissioner for Refugees) in the country that they have fled to. Some individuals may require a referral to the USRAP (United States Refugee Admissions Program).
Following your registration or referral, you will go through several rounds of processing including appointments for data collection, an interview with the USCIS (United States Citizenship and Immigration Services), and a medical examination.
What is Asylum?
Asylum is a form of protection that can be granted to people who are already in the United States and are seeking refuge from potential persecution in their home country. Unlike refugees, asylum seekers apply for asylum after arriving in the U.S. and seek legal admission into the country at a port of entry.
If you are in the United States and meet the definition of a refugee, you can apply for asylum by filing the online Form I-589. The asylum process can be lengthy including interviews, background checks, and hearings before a judge or immigration board. You may live in the United States while your status is pending.
Whether you are applying for refugee status or asylum in the United States it is crucial that you have a firm understanding of your legal rights and options. Work with a skilled immigration attorney for more information and representation during the application process.
