Seeking Asylum in The U.S.? Here’s What You Should Know

Before the end of World War I, there was no clear definition of an international refugee. Then, after World War II, with historic numbers of Eastern Europeans migrating west, the newly established United Nations defined refugees as persons with a “well-founded fear of being persecuted.”

Refugees are individuals out of their home country and may apply for asylum in the United States (U.S.). Asylum seekers may apply for “Asylee” status upon entry or in the United States. On the other hand, refugees are persons granted refugee status before entry.

Is There a Difference Between Refugees and Asylum Seekers?

Yes and no. Both refugees and asylum seekers have much in common. The difference has much to do with the application process for asylum and gaining permanent status to reside in the U.S.

The Immigration and Nationality Act declares “any person” outside their home country of nationality, or a country of long-term residence, and “unable or unwilling” to return is a refugee. Also, they must not have participated in the “persecution of any person” in the home country or resident country. To gain asylum status, one must meet the same conditions when applying in the U.S. Both asylum seekers and refugees have similar rights under immigration law. The main differences are in the application processes.

The U.S. Refugee Admissions Program

The Refugee Admissions Program, in part, sets priorities for processing refugees and asylum seekers. First and foremost, consideration is given to persons and groups on a humanitarian basis. First in priority is to persons referred by the United Nations, international charities and aid groups, or a U.S. Embassy. Second, priority goes to special humanitarian cases. A third tier is for persons pursuing family reunification. To determine resettlement eligibility, applicants are screened at an immigration center with a medical exam, interviews, and security checks.

Social Services

If the application is approved, the immigrant qualifies for resettlement services. Sponsoring social service agencies to assist with finding housing and employment services (if authorized). Applicants may obtain documents for traveling outside the U.S.

An important goal for many is to obtain a “Green Card” (permanent residency) one year after beginning asylum. Then, after four years as a resident, the process to become a U.S. citizen can begin. Citizenship garners all rights and protections shared by all Americans.

Am I Eligible to Be a Refugee or An Asylum Seeker?

Eligibility depends on the humanitarian reasons involved in your case. As stated above, you qualify if you cannot return or left the country for personal safety. Also, you must have good character and have not been involved in the persecution of others.

Do I need an Immigration Visa Lawyer?

You will need a lawyer to assure you receive everything you are entitled to under immigration law. Not knowing the law will result in lost time, or worse, not getting the status you deserve. Any complications can delay your ability to work, and difficulties using good English is a barrier that is hard to overcome.

Gaining asylum is difficult. In legal proceedings, you will need to demonstrate that you were persecuted and/or have a rational reason to fear for your safety if returned to your home or resident country.

David Gray Is the Immigration Lawyer on Your Side

David Grey, attorney at law, established his firm 25 years ago. The firm’s dedication to its clients has a proven track record. They take pride in their integrity and have good relationships with clients. They honestly tell clients where they stand. Their commitment to every client produces results that give them the best start in their new country — every time.