You may have never thought in your wildest dreams that you would want to leave your home country and move somewhere completely foreign such as the United States. However, the circumstances in your home country, and how you have been treated here, may ultimately drive you to this conclusion. As you may already know, obtaining immigration status in the U.S. is highly coveted and therefore challenging. But you may be eligible for refugee status or asylum here. Well, with that being said, read on to discover who is considered a refugee versus an asylee and how one of the seasoned asylum lawyers at Lupton Law LLC can help you obtain either status in the U.S.
Who is considered a refugee compared to an asylee?
According to United States immigration law, a refugee is considered to be an individual currently living outside of the country but is nonetheless of special humanitarian concern to the country. This concern may stem from proof that this individual has been persecuted or fears persecution in their home country due to their race, religion, nationality, political opinion, or membership in a particular social group. This individual must also not be completely resettled in another country and otherwise meet admissibility criteria for the U.S.
Secondly, an asylee is similarly an individual who may seek protection from the U.S. because they have been persecuted or fearing persecution for the same reasons. However, the key difference here is that this individual may already be physically present in the country, even though they have not yet obtained an immigration status here. Rest assured, if you believe you are eligible for asylum, you may remain in the country throughout your application process.
What is the process for applying for these statuses?
If you meet the aforementioned eligibility criteria for refugee status, you must first wait to receive a referral to the United States Refugee Admissions Program (USRAP). Once you do, you may fill out your application and schedule an interview with a United States Citizenship and Immigration Services (USCIS) officer abroad. Finally, if you are admitted into the country as a refugee, you may apply for a green card one year later.
As for asylum, you may have to fill out and file Form I-589, Application for Asylum and for Withholding of Removal, with the USCIS within one year of arriving in the U.S. However, this may only be an option if you are applying for asylum affirmatively or defensively. That is, if you are placed in expedited removal proceedings, you may have to undergo a credible fear determination conducted by a USCIS officer. Then, if they give you a positive determination, you may have to attend and pass an asylum merits interview. Likewise, you may apply for a green card one year after being granted asylum.
All of this to say, the time to act is now. Please pick up the phone or message us at Lupton Law LLC. Surely, one of the competent asylum lawyers on our team will be the perfect fit for your upcoming case.
