The difference between asylees and refugees is largely procedural. A person who requests asylum in the United States is called an asylee. A person who requests protection while still overseas, and then is given permission to enter the U.S. as a refugee, is called a refugee.
People who have fled persecution and try auspices in the United States are normally called either “ asylees ” or “ refugees. ” Is there a difference ? Yes, though there ‘s a sting of overlap between the two statuses. That ‘s what this article will discuss .
Asylees and Refugees Must Meet Same Basic Standards, But Apply for Status Differently
A person who successfully requests refuge while already in the United States is called an asylee. A person who requests protection while still in some other country ( not their own, because they fled ), and then is given license to enter the U.S. as a refugee, is called a refugee. That ‘s in truth the main deviation between them : a adjective one .
however, both types of applicants must, in order to obtain their condition, prove the lapp thing : that they qualify for security under U.S. law because they meet the definition of a refugee found in section 101 ( a ) ( 42 ) ( A ) of the Immigration and Nationality Act ( I.N.A. ) or 8 U.S.C. § 1101 ( a ) ( 42 ) ( A ). That section says :
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The term “refugee” means : ( A ) any person who is outside any nation of such person ‘s nationality or, in the casing of a person having no nationality, is outside any state in which such person last habitually resided, and who is unable or unwilling to return to, and is ineffective or unwilling to avail himself or herself of the protection of, that nation because of persecution or a tenable fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. .. .
After obtaining refugee or asylee condition, the rights of asylees and refugees are like, but not identical, as besides described below .
Procedural Steps to Becoming a Refugee
To apply for refugee condition, the person must in most cases get in touch with the U.N. High Commissioner for Refugees ( UNHCR ). For details, see How to Prepare and Submit a Refugee Application to the U.S .
Procedural Steps to Becoming an Asylee
To apply for asylee status, a person who is in the U.S., and if present unlawfully has not so far been discovered and placed in removal proceedings, can submit what ‘s called an affirmative refuge application on Form I-589, issued by U.S. Citizenship and Immigration Services ( USCIS ). If already in removal proceedings, the person can submit the application to the immigration court judge .
The least favorable option is to request refuge upon arrival to the United States, from the policeman at the point of introduction, such as a frame intersection or airport. See How to Get Asylum in the U.S. for information on the application action.
Rights of Refugees in the U.S.
Refugees have the right to remain in the U.S. indefinitely ( at least until conditions in their home plate state return to normal ). They receive a exercise permit and diverse forms of politics support during their first months in the United States. They can besides petition to bring close class members to join them ( using USCIS Form I-730 ) .
After a year of their entry, they are expected to apply for U.S. permanent wave resident condition ( a green card ). approximately four years after that, they can apply for U.S. citizenship .
Rights of Asylees in the U.S.
People who have been granted mental hospital in the U.S. ( asylees ) have the right to remain in the U.S. indefinitely, or at least until conditions in their dwelling nation return to normal. They can apply for a function license ( on Form I-765 ) a soon as their refuge is approved .
Some can apply for a work allow while they ‘re still in the mental hospital application march, depending on timing ; it ‘s allowed alone where their encase took a long time to process, for reasons not having to do with their own requests for delay.
If their family members were n’t already included in their application, they ( like refugees ) can petition for them to get refuge excessively, using USCIS Form I-730 .
After a year of receiving approval for asylee status, they can apply for U.S. permanent nonmigratory status ( a greens card ). Four years after that, they can apply for U.S. citizenship. besides see Your Rights After Winning Asylum in the U.S .