If you face persecution in your home country, you may qualify for asylum or refugee status in the U.S. While these statuses are somewhat similar in the benefits they offer immigrants, they work somewhat differently. Knowing the differences between these two could help you determine which to apply for when immigrating to the U.S.
For help navigating the asylum or refugee application process, call Cho Immigration Law at 312-853-3088 to speak with a Chicago immigration attorney.
What Are the Qualifications for Asylum?
To seek asylum in the U.S., there are primary requirements to meet for eligibility.
To qualify for asylum, you must be:
- Presently in the U.S. or a designated U.S. port of entry, such as an airport
- 18 years or older
- A potential or previous victim of persecution in your country of origin against protected grounds, including your race, religion, nationality, gender, sexual orientation, political opinions, or membership within another type of social group
- Able to prove that persecution is likely to occur through media and other documentation
What Are the Qualifications for Refugee Status?
To qualify for refugee status, you must meet all of the above requirements for seeking asylum except the first. While asylees need to be in the U.S. to be eligible for asylum status, you can obtain refugee status while currently outside the country.
Like asylees, if you become a refugee, you will gain permission to enter the U.S. to both work and live here on a permanent basis. Eventually, asylees and refugees may apply to become lawful permanent residents (LPRs) and, subsequently, U.S. citizens.
If you successfully apply for refugee status, you will receive a medical exam and a cultural orientation, along with financing for your travel to the U.S. and assistance with travel plans.
The Benefits of Becoming an Asylee or Refugee
Whether you receive asylee or refugee status, there are critical benefits that come with both. The following are some benefits of both statuses:
The Long-Term Ability to Live and Work in the U.S.
One of the main advantages of gaining either asylee or refugee status is the ability to live and gain employment in the U.S. In fact, you’ll be able to do so indefinitely unless circumstances cause you to be ineligible for either status.
The Chance to Sponsor Family Members
To help your immediate family escape persecution and live and work with you in the U.S., asylum and refugee status enables you to sponsor these individuals when entering the U.S. For instance, you might have a spouse or children you wish to bring to the U.S., which you’ll be able to do if you receive approval as a refugee or asylee.
Access to Benefits
Another advantage of gaining asylum or refugee status is the ability to experience benefits. For example, you will have access to government benefits like Social Security income, food stamps, and Medicaid.
These and other benefits are available to asylees and refugees for the first seven years after approval, but they may extend beyond this window.
The Possibility of Becoming an LPR or Citizen
Although asylee and refugee statuses are indefinite until the situation improves in the individual’s home country, both of these statuses allow immigrants to apply to become either LPRs or American citizens.
After one year as an asylee or refugee in the U.S., you will be able to obtain a green card if you meet the government’s eligibility requirements. You may then apply for citizenship through the naturalization process after another four years upon receiving your green card and LPR status.
How to Apply for Asylum or Refugee Status
Every year, thousands of asylees and refugees enter the U.S. According to recent stats, 2024 alone has seen 68,000 refugees enter the country as of June, an increase from the 60,000 who entered in 2023.
To attain either status, it’s important to know how the process works when seeking permanent residency for refugees and asylees.
When determining how to apply for asylum status vs. refugee status, the following are the steps you must take to complete each process:
Applying for Asylum
To apply for asylum in the U.S., you must currently be in the U.S. or at a port of entry. You will need to begin the process by completing Form I-589, Application for Asylum and for Withholding of Removal, within a year of entering the U.S. You will ultimately submit this form to U.S. Citizenship and Immigration Services (USCIS).
You will also need to support this document with evidence proving your situation and reason for living and working in the U.S. as an asylee. For instance, you will need to obtain media evidence or other documentation showing how you either faced persecution or are likely to face it in the future. Additionally, you will need to prove your identity in the form of marriage certificates, birth certificates, passports, and other documents.
Subsequently, you must attend an appointment to submit your biometrics and undergo security vetting, complete with an interview with an immigration official to confirm your eligibility for asylee status.
USCIS will then make a decision regarding your application and either approve or deny it. If the government denies your application, you may be able to appeal the decision with a hearing.
Applying for Refugee Status
If you’re outside the U.S. and want to live and work in the country as a refugee, the process is similar to applying for asylum.
The difference is that instead of completing Form I-589 from within the U.S., the refugee application process begins with connecting with either the United Nations High Commissioner for Refugees (UNHCR) or the U.S. Refugee Program (USRP). These agencies could help you get started on the application process with USCIS.
You must submit supporting evidence that proves your eligibility to enter the country as a refugee. Additionally, an interview with an immigration official will further determine your eligibility for refugee status.
Factors That Impact Asylee or Refugee Status
While the U.S. allows many people to enter the country as asylees or refugees, there are challenges that immigrants face when applying for or maintaining either status.
The factors that can affect these statuses include:
The Likelihood of Persecution
To qualify for either status, you need to consistently show that you face persecution or have experienced persecution because of protected characteristics. If this condition changes before you’ve obtained your green card or become a citizen, you may no longer be able to stay in the country as an asylee or refugee.
Criminal Convictions
You may be unable to apply for or maintain either asylum or refugee status if you have a criminal history involving serious crimes, such as sexual assault, murder, drug trafficking, or other violent crimes.
Presence in the U.S.
Whether you’re applying for asylum or refugee status will ultimately depend on your location. If you’re outside the country at the time of applying, you may qualify as a refugee and maintain this status after entering the country. Conversely, if you are inside the U.S. when applying, you will be an asylee and continue to be one with asylee status.
Potential Threat to National Security
Based on your criminal history or other information, immigration officials might prevent you from obtaining either status in the U.S. if you pose a threat to the country’s security. For instance, officials might find that an applicant has a history of supporting terrorist movements or directly contributing to rebellions, which could indicate a threat to national security.
Inconsistent Information
When completing an application to become an asylee or refugee, you must ensure all forms and supporting documentation have up-to-date and accurate information. Discrepancies in the information and evidence you provide could ultimately prevent you from living and working in the U.S.
What an Immigration Attorney Can Do for You
Regardless of the status you want to obtain in the U.S., you may benefit from working with an experienced Chicago asylum immigration lawyer. The right lawyer will assess your case and prepare you for the entire process, from initial qualifications to the final interview and entry.
A reliable lawyer will not only help you complete all forms and submit supporting evidence, but he or she could also answer questions about immigration myths and other concerns. Additionally, you may get help with other immigration matters, including obtaining visas or receiving defense when facing deportation or removal.
For help from Cho Immigration Law with obtaining asylum or refugee status, contact us today and schedule a consultation with one of our attorneys.
