In a global landscape that is growing more complicated by the week, many individuals seek protection from persecution and violence in foreign countries. Two of the most common forms of protection in the United States are asylum and refugee status. While both offer a path to safety and legal residency, they have different eligibility criteria, application processes, and legal rights. What should you know when seeking protection?
Note: Because a new administration has just begun, please note that the information in this blog should always be supplemented with the most recent information available and a consultation with an experienced immigration attorney.
What Is Asylum?
Asylum is a form of protection granted to people who are already present in the U.S. who are afraid of persecution in their home country. To qualify for asylum, you must be able to demonstrate that you have suffered past persecution or have a well-founded fear of future persecution based on one or more of the following grounds:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
Asylum seekers have to apply within one year of arriving in the country, though exceptions may be made for extraordinary circumstances.
How Can You Get Asylum?
- Filing Form I-589: An asylum seeker must submit Form I-589, Application for Asylum and Withholding of Removal, to the U.S. Citizenship and Immigration Services (USCIS).
- Biometric Screening: After submitting the application, you will need to complete fingerprinting and background checks.
- Asylum Interview: You will be scheduled for an interview with an asylum officer who will be responsible for evaluating your claim.
- Decision: If approved, you will be granted asylum and may apply for a green card after a year. If you have been denied, you might be referred to immigration court for further review.
What Is Refugee Status?
Refugee status is granted to individuals who are outside of their home country and cannot return due to fear of persecution. Unlike asylum seekers, refugees must apply for protection while still outside of the U.S. Applications are typically submitted through the United Nations High Commissioner for Refugees (UNHCR) or a U.S. embassy.
How Can You Get Refugee Status?
- Referral: Refugees are usually referred by the UNHCR or a U.S. embassy.
- Screening and Vetting: The U.S. government conducts background checks, security screenings, and medical examinations.
- Approval and Resettlement: If approved, refugees are assigned to a resettlement agency that assists them with housing, employment, and integration into the country.
- Path to U.S. Citizenship: Refugees can apply for a green card after one year and may become U.S. citizens after five years of permanent residency.
What Challenges Can Arise When Seeking Asylum or Refugee Status?
Seeking asylum or refugee status can be complex, and many applicants face legal hurdles, such as:
- Meeting the high burden of proof required to establish persecution
- Navigating the lengthy and sometimes backlogged application process
- Overcoming language barriers and cultural adjustments
- Facing potential detention or expedited removal proceedings
Having an experienced immigration attorney can significantly improve your chances of success, whether you’re seeking asylum or refugee status. A lawyer can help gather evidence, prepare testimony, and represent you in court if necessary.
Partner with an Experienced Personal Immigration Attorney at The Law Office of Elizabeth Anu Lawrence
If you or a loved one need help working through seeking asylum or refugee status, choose an experienced firm like the Law Office of Elizabeth Anu Lawrence to give you the help you need. Please give us a call at 443.352.3201. Skype and telephone consultation are both available to clients.