Seeking refuge is a fundamental human right and for those who have fled their home countries because of fear and persecution, the United States gives two forms of protection which are asylum and refugee status. This guide explains the differences between both of them, who qualifies, and how to apply.
What does it mean?
They are legal protections for individuals who cannot return to their countries because of fear and they are based on U.S. law, specifically Section 8 U.S.C. § 1158, which underscores the nation’s commitment to offering refuge to those in need.
Key Difference: Location and Application
The main difference is where the person is when they apply for protection.
Refugee Status
If you are outside America, you must apply for refugee status, usually through the United Nations High Commissioner for Refugees (UNHCR) but you cannot choose your destination country; the U.S. President sets the annual quota for refugee admissions. Under the Biden Administration, this quota increased to 125,000 for fiscal years 2022 and 2023, providing hope for many seeking refuge.
Asylum Status
If you are already in the United States or at its border, you can apply for asylum but this became more challenging under the Trump Administration due to policies like “Remain in Mexico” and CDC orders that allowed border agents to expel individuals without interviewing them. While the Biden Administration has lifted some of these restrictions some challenges remain.
Rights and Opportunities
Work Authorization: They can work in the United States.
Path to Permanent Residence: They can apply for a green card (lawful permanent residence) within one year of entering the U.S. as a refugee or being granted asylum but asylee status can be revoked if conditions in the home country improve enough to allow safe return.
Eligibility
To qualify for asylum or refugee status, you must meet strict requirements:
1. Well-Founded Fear of Persecution
You must show a well-founded fear of persecution in your home country based on one of five protected grounds:
Race: Persecution due to your race or ethnicity.
Religion: Persecution based on your religious beliefs.
Nationality: Persecution because of your nationality.
Membership in a Particular Social Group: Persecution due to your membership in a specific social group.
Political Opinion: Persecution based on your political opinions or activities.
2. Definition of Persecution
It can include threats, violence, torture, imprisonment, and denial of basic rights. It also covers situations where the government fails to protect individuals from harm by others.
Applying for Asylum in the U.S.
If you believe you qualify for asylum, you must apply within one year of arriving in the country with some exceptions and your application should include:
- Personal Testimony: Your own story of persecution.
- Witness Statements: Testimonies from people who can support your claim.
- Documentation: Reports and articles about human rights conditions in your home country.
- Expert Witness Statements: Opinions from experts on conditions in your home country.
Asylum and refugee status are vital protections for those fleeing persecution. Understanding these legal avenues is crucial for anyone seeking refuge in the United States. These protections represent the nation’s commitment to providing sanctuary and reflect the values of liberty and justice for all. In a world of adversity, the U.S. stands as a beacon of hope, offering a chance to rebuild lives and contribute to the fabric of American society.
