Refugee status is a form of protection that may be granted to people who meet the U.S. legal definition of “refugee” who are not yet inside the U.S. or at a U.S. port of entry. Refugees may either be located in their home country or in a different country (but not permanently seeking resettlement in their current country).
Asylum status is a form of protection available to people who meet the U.S. legal definition of “refugee” and who are either already in the U.S. or are seeking admission at a U.S. border.
Under United States law, "refugees" are persons who flee their home country and are unable to return because they have experienced past persecution or have a well-founded fear of future persecution due to their race, religion, nationality, membership in a particular social group, or political opinion. They must prove that the harm is from the government of their home country, or, from some person or group that the government of their home country cannot protect them from. The persecution must also be significant, such as unlawful or political detention, torture, violation of human rights, physical violence, or some type of severe non-physical harm.
Presently, fleeing war or violence in one's home country is not a sufficient qualification for refugee status in the United States absent other qualifying factors. However, individuals who believe they may have a legal basis to file for asylum are advised to consult with a knowledgeable immigration attorney about their specific situation.
Individuals cannot apply directly to the United States for refugee entry. Individuals who are designated by UNHCR as refugees in need of resettlement in the U.S. are referred to the U.S. Department of State to determine whether they can seek entry through the U.S. Refugee Admissions Program. For some categories of refugee entry, individuals must receive a referral directly from the U.S. Embassy located in the country where they currently reside.
Those who receive a referral will receive assistance with filling out their application. They will be interviewed abroad by a United States Citizenship and Immigration Services (USCIS) officer who will determine whether the applicant is eligible for refugee resettlement. Each applicant will be screened to determine if they meet one of three U.S. priority designations for refugee entry:
Priority One is for individuals with compelling protection needs or those for whom no other durable solution exists. This priority class is rarely granted.
Priority Two is for groups specifically selected by the Department of State for group referral. These include persons from certain designated countries which have been identified as having “special concern” to the United States, as well as persons belonging to certain religious groups which have traditionally been persecuted in their home countries.
Priority Three is for relatives (parents, spouses, or unmarried children under 21) of refugees who are already resettled in the United States.
A person may apply for asylum in the United States regardless of their country of origin or their current immigration status. In order to apply for asylum protection, applicants must show they cannot return to their home country because they fear persecution there. They must prove that the harm is from the government of their home country, or, from some person or group that the government of their home country cannot protect them from. To be eligible for asylum, the persecution must also be significant, such as unlawful or political detention, torture, violation of human rights, physical violence, or some type of severe non-physical harm.
Individuals must file an Application for Asylum and for Withholding of Removal on Form I-589 within one year of your arrival to the United States, though there are a few limited exceptions to the one-year filing deadline.
Each asylum application is considered individually based on the applicant’s unique facts and circumstances. Some people are granted asylum protection while others are not. Also, asylum protection will be denied to anyone who has been involved in terrorist activities or is considered a threat to U.S. security.
Notice to Readers: This information is offered for educational purposes only and is not intended to be used as legal advice. Please consult a qualified attorney to determine the best course of action for your particular situation. We are not responsible for any actions or consequences that result from the misuse of this information.
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