Understanding the difference between the refugee vs asylum seeker applications can help you determine the appropriate immigration process you should follow. Refugee status is for immigrants who are fleeing persecution and are outside the United States and their country of nationality. Asylum is for people who are in the United States and meet the eligibility criteria for a refugee.
Getachew & Ansari Immigration Attorneys, P.C., has years of training in helping people navigate the asylum and refugee immigration processes. We understand the challenges that many immigrants face as they find safety and obtain legal status in the United States. Our experienced asylum lawyers provide legal services with compassion and excellence so the immigrant community feels supported and protected.
What Is a Refugee vs. an Asylum Seeker?
Both refugees and asylum seekers are people who are unable or unwilling to go to their country of origin because they fear persecution. However, someone can only request refugee status if they are applying when they are outside the United States. For example, they might apply when they have fled their home country to seek temporary safety elsewhere.
In contrast, asylum seekers need to meet the definition of a refugee and already be in the United States when they apply.
Additionally, they should submit their application within one year of entering the United States.
What Is the Legal Definition of a Refugee?
To apply for refugee or asylum status, you should first make sure you meet the United States’ definition of a refugee.
Based on United States law, a refugee is someone who:
- Is outside of their country of nationality
- It is not yet in the United States (unless they are applying for asylum)
- Is unable or unwilling to go back to their country of nationality because of a credible fear of persecution
The person must be able to show that their fear of persecution is based on at least one of the following categories:
- Their membership in a social group
- Their political opinion
- Their nationality
- Their religious beliefs
- Their race
Someone applying for asylum status must be in the United States before they can make this request.
Asylum Seeker vs Refugee: Where and When the Applications Are Filed
There are two distinct processes that people must follow when applying for refugee or asylum status. If the person does not follow these procedures when submitting their application, they may not qualify for the status they are seeking.
Eligibility criteria for refugee status
Someone applying for refugee status does so after they leave their country of nationality, but before they are in the United States. They should also be able to prove they are of humanitarian concern to the United States. For example, they might be an Afghan national who is eligible through the U.S. Refugee Admissions Program.
Additionally, they must be able to show that they did not participate in the persecution of another person based on nationality, race, religion, political opinion, or membership in a social group.
Lastly, they need to show they are admissible. For example, they cannot have certain types of criminal convictions on their record.
Eligibility requirements for asylum status
Someone applying for asylum must also show they are a qualifying refugee. For example, they must prove they are in the United States because they are fleeing credible persecution from their country of nationality. The person should submit their application when they are in the United States. Ideally, they would submit this document within 12 months after entering the United States.
Processing Time and Benefits for Asylum vs Refugee Applicants
The processing times for each type of application depend on several factors. For example, it may take longer for the government to review an application if there is a high volume of cases at that point. Additionally, there may be delays if the person does not submit all the forms or supporting evidence on time. An immigration lawyer can help the person complete the required steps to apply for asylum or refugee status. They can also assist the person by identifying different protections available to them before their application is accepted.
How the U.S. Government Handles Each Case Type
The United States government follows a set process for determining if the person applying for asylum or refugee status meets the eligibility criteria. As part of this, the applicant needs to submit different forms and supporting evidence. For example, they might have to send a copy of their original birth certificate, marriage certificate, passport-style photos, and other documents.
Additionally, the person may be interviewed by an immigration therapist who will talk to them about their fear of persecution. The therapist may submit a final report about how the persecution concerns have impacted the person’s mental and physical health and safety. Once the government receives all the requested information, it may call the person in for an interview or evaluation.
Government agents may ask the person questions about their background, their purposes for seeking asylum or refugee status, and why they cannot return to their country of origin. The government would then evaluate the person’s application and decide whether to grant or deny it.
Contact an Experienced Immigration Lawyer at Getachew & Ansari Immigration Attorneys, P.C.
The United States government has different processes that people need to follow to apply as a refugee versus an asylum seeker. Refugee applications are for people who are fleeing persecution but are not in the United States. Asylum status is for someone who is fleeing persecution but has been in the United States for less than one year. An immigration lawyer can help you understand which status type is appropriate for your situation.
Getachew & Ansari Immigration Attorneys, P.C., can help you apply for or defend your application as a refugee or asylum seeker. Medya Ansari is a devoted and knowledgeable immigration attorney who has spent her entire career and schooling serving immigrants. As a first-generation immigrant herself, she understands what her clients might be experiencing. Call Medya’s team today by dialing 408-292-7995 to schedule an initial consultation with her.
