Immigration

Asylum and Refugee Status

Author: Yura Forrat

Asylum and refugee status are humanitarian options for people fleeing persecution based on race, religion, nationality, political opinion, or membership in a particular social group. 

While both involve fleeing persecution, asylum is sought when someone is already in the U.S., and refugee status is requested from outside the U.S.

Eligibility Criteria

- Must be experiencing persecution or have a well-founded fear of future persecution.

- The persecution must be based on one of the five grounds mentioned above.

- Must not be firmly resettled in another country.

Process for Asylum

1. Submit an application for asylum within one year of arriving in the U.S.

2. Attend an interview or court hearing.

3. If approved, obtain asylum status and the option to apply for a green card after one year.

Process for Refugee Status

1. Apply for refugee status through the U.N. or U.S. government programs.

2. Undergo a rigorous screening process, including interviews and background checks.

3. If approved, receive resettlement assistance in the U.S. and the option to apply for a green card after one year.

Points to Consider

- Asylum and refugee status are subject to caps and political considerations.

- Asylum seekers must apply within one year of arrival unless specific exceptions apply.

- Obtaining either status involves a rigorous vetting process.

Recommended Reading

USCIS Asylum and USCIS Refugees

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