Refugee or Asylee in the United States

 

Political asylum and refugee status are both forms of protection for people fleeing their country of origin because of persecution or danger. However, there are important differences between the two in terms of who can apply for them, how they are processed, and what benefits they provide.

 

Who Can Apply for Political Asylum?

 

Individuals who are already in the United States and who fear returning to their country of origin because of persecution or danger based on:

  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership in a particular social group

 

Who Can Apply for Refugee Status?

 

Individuals outside the United States who are unable or unwilling to return to their home country because of a well-founded fear of persecution or danger for the same reasons listed above.

 

How do I apply for a Political Asylum?

 

  • An application must be filed with U.S. Citizenship and Immigration Services (USCIS) within one year of arrival in the United States.
  • You must demonstrate a well-founded fear of persecution or danger if returned to your country of origin.
  • The application is adjudicated by an Immigration Judge at a hearing.



How do I apply for Protection?

 

  • An application must be filed with the United Nations High Commissioner for Refugees (UNHCR) or a U.S. embassy.
  • UNHCR or the embassy will adjudicate the application and, if the person is determined to be a refugee, will refer the person to a resettlement country, such as the United States.

 

What are the benefits of being granted Political Asylum?

 

  • The ability to remain in the United States while the application is being processed.
  • Eligibility to work after 150 days from the date of application.
  • Eligibility to apply for permanent residence one year after being granted asylum.

 

What benefits does the Protection offer?

 

  • Resettlement in a safe country, such as the United States.
  • Assistance in settling in the new country, including housing, education, and medical care.
  • The opportunity to apply for citizenship of the resettlement country after some time.

 

In a nutshell:

 

  • Political asylum is sought for protection within the United States, while refugee status is sought from outside the country.
  • To apply for political asylum, a person must be present in the United States, while refugee status is not required.
  • Both political asylum and refugee status offer protection from persecution, but the specific benefits may vary.

 

It is important to keep in mind that immigration law is complex and these are only generalities. It is recommended that you consult with an immigration attorney for specific advice regarding your case.


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Here are some links to more official and detailed information about these laws in the USA:

 

https://www.uscis.gov/es/humanitarios/asilo

https://www.accioncontraelhambre.org/es/diferencia-asilo-refugio

https://www.acnur.org/refugiados

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