Historically, there are two common avenues that the American government tends to favor in terms of immigration: the first is for employment-related purposes and the second is for those attempting to flee some sort of injustice. To that end, refugee status and asylee status are two classifications for immigrants who have been accepted into the United States on the basis of persecution. Under United States Citizenship and Immigration law, refugees and asylees who credibly demonstrate that they are facing persecution or fear facing persecution in their home country are accepted. Both classifications allow entry into America for an indefinite period, determined by the conditions of the refugee or asylee’s home country.

 

While the concepts of an asylee and a refugee are often conflated, there are several crucial differences between the two that are essential to understand before applying for either status.

 

1. Refugees must obtain their status from outside the country, while asylum seekers can seek to change their status on American soil.

   • Refugees apply from outside the U.S. through the U.S. Refugee Admissions Program, often as individuals or groups facing humanitarian crises.

   • Asylum seekers may already be inside the U.S., even without documentation, and can apply for asylum by filing Form I-589 (Application for Asylum and Withholding of Removal). This form can also include a spouse and unmarried children under 21.

2. Work authorization differs.

   • Refugees receive work authorization automatically through their refugee admission stamp.

   • Asylum seekers must apply separately for a work permit (Form I-765) and wait one year after filing their asylum application. While most are approved, eligibility can be delayed or denied in cases of serious crime or aggravated felonies.

3. Paths to permanent residency are different.

   • Refugees are expected to apply for a Green Card within one year of arriving in the U.S., and they can adjust status for themselves and their family without a fee.

   • Asylees must wait at least one year after asylum approval and meet additional requirements. The government assesses conditions in their home country and potential admissibility concerns. They must file Form I-485 (Application to Register Permanent Residence or Adjust Status), and if admissibility issues arise, they may also need Form I-601 (Application for Waiver of Grounds of Inadmissibility).
     
     
     

This blog has covered some of the main steps that refugees and asylum seekers must take to adjust their status, as well as the key differences between the two processes. However, applying for either of these statuses is complicated and lengthy. No amount of independent research can replace the guidance of a qualified representative.

 

Call Castel & Hall, LLP. at 617-716-6464 to receive an informed consultation from an experienced immigration lawyer.