Historically, there are two common avenues that the American government tends to favor in terms
of immigration: the first is for employment-related purposes and the second is for those attempting
to flee some sort of injustice. To that end, refugee status and asylee status are two classifications for
immigrants who have been accepted into the United States on the basis of persecution. Under United
States Citizenship and Immigration law, refugees and asylees who credibly demonstrate that they are
facing persecution or fear facing persecution in their home country are accepted. Also, both are
accepted into America for an indefinite period of time determined by the conditions of the refugee or
asylee home country.
While the concepts of an asylee and a refugee are often conflated, there are several crucial
differences between the two that are essential to understand before applying for either status.
- Refugees must obtain their status from outside the country, while asylum seekers can
seek to change their status on American soil.
This point is especially important for those who entered America without
documentation and seek to adjust their immigration status. Applying for refugee status comes
with the qualification that the applicant is not present on American soil when applying through
the U.S. Refugee Admissions Program. Also, refugees are typically referred to the United
States Refugee Admissions Program on an individual or group basis depending on the level
of humanitarian concern.
On the other hand, there are a wide variety of circumstances that allows an immigrant
to apply for asylum in America. This means that immigrants who entered the country without
proper documentation, or those who are currently facing deportation proceedings, are capable
of changing their status through asylum proceedings. Form I-589, known as “Application for
Asylum and Withholding of Removal” must be filled out in order to apply for asylee
proceedings. An asylum seeker can also use this same form to petition for their spouse and
unmarried children under 21 years of age to obtain asylum status as well.
- 3. Refugees obtain a work permit in conjunction with their status, but asylees must apply
for a work permit separately.
Refugees can be employed almost immediately upon their admittance to the United
States because they receive a refugee admissions stamp, which can be used as proof that the
refugee is legally employable; also, employment authorization forms are filed on their behalf.
Like refugees, asylum seekers are not guaranteed employment authorization when
their status as an asylee is accepted. However, an asylum seeker must wait a full year from the
filing of their asylum application to file a Form I-765, which is known as an “Application for
Employment Authorization.” While the case remains, there are several options that can make
an active asylum applicant eligible for employment authorization. The full list of qualifications,
as well as any reasons for delays in eligibility can be found on the United States Citizenship
and Immigration Service website. Ultimately, most asylum seekers have their employment
authorization approved by the government unless the applicant has been convicted of an
aggravated felony or is suspected of committing a serious crime.
Refugees and asylees have different paths to permanent residency
The logical next step in the process for approved refugees and asylees is obtaining
their Green Card, which allows immigrants to reside and work permanently in the United
States. In the case of refugees, they are expected to file for a Green Card within one year after
relocating to the United States. They are allowed to file for a status adjustment for themselves
and their family without any sort of special requirement or filing fee.
While refugees have a straightforward path to citizenship, asylees have far more
stringent requirements in order to obtain a Green Card. First, they must be physically present
in the United States for a full year after having their asylum application granted. Also, the
conditions of the asylee’s home country must be assessed in order to determine whether their
circumstances still meet the threshold for asylum. Lastly, the government must determine
whether there are any problems with the applicant’s admissibility to the United States. In order
to begin the process of status adjustment, both refugees and asylees must fill out Form I-485
in order to apply for a Green Card; also, asylees with potential admissibility issues can file
Form I-601, which seeks to waive admissibility concerns on behalf of the applicant.
This blog has covered some of the main steps that refugees and asylum seekers must take to
adjust their status, as well as some of the differences between the two avenues. However, applying for
either of these statuses is a complicated and drawn-out process; thus, no amount of independent
research can replace the guidance of a representative with a thorough understanding of the refugee
and asylum processes. Call Castel & Hall, LLP. at 617-716-6464 to receive an informed consultation
from an experienced immigration lawyer.