Refugee vs. Asylum Status: The Two Paths to Protection in the U.S.

When war, violence, or persecution drives someone from their home country, they may seek protection in the United States through asylum or refugee status. While these two paths to safety might seem similar on the surface, they involve distinct processes and requirements.

As an immigration law firm committed to advocating for the rights of those fleeing danger, we want to clarify the key differences between asylum and refugee status. Knowing these distinctions is crucial for anyone navigating the U.S. immigration system in search of protection.

The Basics: Asylum vs. Refugee Status

Let’s start with the fundamental difference: location.

• Refugee status is granted to individuals who are outside the United States when they apply for protection. Refugees undergo screening and interviews abroad before being admitted into the U.S.
• Asylum status is granted to individuals who are already in the United States or at a U.S. port of entry when they apply for protection. Asylum seekers may enter the U.S. on a valid visa, cross the border without documentation, or arrive at a port of entry before passing through immigration control.

Despite this core distinction, asylum and refugee status share the same ultimate purpose – providing safety to individuals who have been forced to flee their countries due to:

• Persecution on account of race, religion, nationality, political opinion, or membership in a particular social group
• War or other armed conflict
• Violence
• Violation of human rights

The Refugee Process

For individuals seeking refugee status, the process begins outside the United States. They must first register with the United Nations High Commissioner for Refugees (UNHCR), which determines whether they qualify as refugees under international law.

If UNHCR determines someone is a refugee, they may be referred for resettlement in the U.S. or another country. Refugees do not have a say in which country accepts them.

Those referred to the U.S. Refugee Admissions Program undergo a rigorous vetting process abroad, including:

• Screening by U.S. intelligence and security agencies
• In-depth interviews by specially trained officers from U.S. Citizenship and Immigration Services (USCIS)
• Medical screenings

This process can take months or even years. If approved, refugees are admitted to the U.S. and receive assistance with housing, employment, and other services to facilitate their resettlement.

The number of refugees admitted to the U.S. each year is capped by the president in consultation with Congress. For Fiscal Year 2024, the admissions ceiling was set at 125,000.

The Asylum Process

In contrast, individuals seeking asylum begin their application process after arriving in the United States, either at a port of entry or within U.S. borders.

Asylum seekers must generally apply for asylum within one year of entering the U.S., with limited exceptions. They may apply for asylum affirmatively or defensively:

• Affirmative asylum: Individuals who are not in removal proceedings may apply affirmatively by submitting Form I-589 to USCIS. They will then be interviewed by an asylum officer in a non-adversarial setting. If approved, they will receive asylum status. If not approved, they’ll be referred to immigration court.
• Defensive asylum: Individuals who are in removal proceedings may apply for asylum defensively by submitting their application to an immigration judge as a defense against deportation. The judge will hear their case in an adversarial setting, with a government attorney arguing for their removal. If the judge grants asylum, they can remain in the U.S. If the judge denies asylum, they’ll be ordered removed but may appeal the decision.

Unlike refugee admissions, there is no cap on the number of individuals who may be granted asylum each year. In Fiscal Year 2022, 23,686 individuals were granted asylum.

Benefits of Asylum and Refugee Status

Despite the different application processes, asylum status and refugee status provide similar benefits and protections, including:

• Permission to live and work in the United States
• Eligibility for certain government benefits and assistance programs
• Path to lawful permanent residence (green card) and eventual U.S. citizenship
• Ability to petition for spouses and unmarried children to join them in the U.S.

Understanding Your Options

If you’ve been forced to flee your country and are seeking safety in the United States, it’s crucial to understand your options and which path is right for you. Navigating the asylum or refugee process can be complex and daunting – but you don’t have to face it alone.

At the Law Office of Lina Baroudi, we’re passionate about advocating for the rights of those seeking protection. We can help you understand your eligibility, guide you through every step of the application process, and fight tirelessly for your right to safety and security.

Your life and your future are our top priority. Contact us today for a consultation to discuss how we can help you find refuge in the United States.