Some people lawfully enter the United States because they have family members living here. Others have opportunities for education or professional development that make them eligible for visas. There are also humanitarian immigration programs that can prove beneficial to people facing hardship in their countries of origin.
Those dealing with persecution abroad are sometimes eligible to apply for refugee status or asylum. They then have the option of staying in the United States and even working in the country until they can safely return home eventually. Both asylum and refugee status require paperwork and qualifying circumstances.
What distinguishes these two critical humanitarian immigration options?
Asylum is for people already in the country
The location of an individual while securing immigration protection is a large part of what separates asylum from refugee protection. Typically, refugees apply for protection while they are still in another country. They may not necessarily be in their country of origin.
Instead, they may be in another country because they had to flee their country of origin. Refugees granted permission to enter the country can then live and work in the United States. They must show that their circumstances warrant special humanitarian concern from the United States.
Asylum typically requires that people apply for protection while already residing in the United States. Frequently, they submit paperwork at a major port of entry that allows them to remain in the country until circumstances change in their country of origin.
How do people prove they qualify?
Both asylees and refugees must have compelling evidence of ongoing persecution or a significant and credible threat of persecution in their country of origin. Police reports from unfair arrests, medical records after violent incidents, news reports and even personal testimony can help substantiate claims of prior or likely future persecution in another country.
Partnering with an immigration attorney can make it easier for people to understand asylum and refugee status. Especially with the heightened scrutiny applied to immigration cases under current federal policies, those who are at risk if they face a forced return to their country of origin may need help building their case.
Proper advocacy can make it easier for people to gather necessary documentation and to present a compelling case. Those seeking protection from persecution in another country may need assistance understanding their rights and navigating the complex immigration process required of those fleeing persecution elsewhere, and that’s okay. Seeking personalized legal guidance is always an option.
