What is Asylum or Refugee Status?
Under United States law, asylum status may be granted to someone who is already in the US or seeking entry at a port. Asylum status must be requested within one year of entry into the US. Asylum may be applied for affirmatively (not in removal proceedings) or defensively (already in removal proceedings). Asylum status does not expire and is considered an adjustable status. After one year of residence, asylees may apply for a green card.
Under United States law, refugee status may be granted based on a referral to the US Refugee Admissions Program (USRAP). Refugees must then go through an application and screen process with US Citizenship and Immigration Services (USCIS) process, including an interview, while outside of the US. If granted refugee status by the US government, refugees will enter a resettlement program which includes cultural orientation, medical exam, assistance with travel, and possible financial assistance upon arrival. Those with refugee status may work in the US. Refugee status does not expire and is considered an adjustable status. By law, refugees must apply for a green card after one year of residence.
Who Is Considered an Asylee?
An asylee is someone who has fled their home country due to the risk of human rights violations or persecution and is seeking protection from another country.
Under United States law, an asylee is someone who is already in the US or seeking entry at a port, cannot or does not wish to return to their home country, and has been granted legal protection due to persecution or fear of persecution based on race, religion, nationality, political opinion, or social group membership in their country of origin.
Those seeking asylum must apply within one year of entering the US and cannot be US citizens.
Who Is Considered a Refugee?
A refugee is someone who has fled their home country due to the risk of human rights violations or persecution. People who are refugees leave in search of safety because their government cannot or will not provide proper protections.
Under United States law, a refugee is someone who is located outside of the US and is of "special humanitarian concern" to the US. They must demonstrate that they were persecuted or fear persecution based on race, religion, nationality, political opinion, or social group membership in their country of origin.
Refugee or asylee looking to apply for a green card?
We may be able to help.
If you are a refugee or asylee who has been in the United States for at least one year and you want to get your green card (residency), call ILCM to schedule an appointment. (I-485)