Immigration Information Center

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• Immigrant Visas - An Overview
• Employment-Based Immigrant Visas
• Family-Based Immigrant Visas
• The Diversity Visa Lottery Program
• Asylum and Refugees
• Frequently Asked Questions about Immigrant Visas
• Immigrant Visas Resource Links
• Immigrant Visas Contact Form

Asylum and Refugees

Other than the Diversity Visa Lottery Program, asylum and refugee status may be the only way for individuals who do not qualify for family-based or employment-based immigration to enter the United States in immigrant status. Among other requirements, refugee applicants and asylum applicants must satisfy the definition of a refugee found in section 101(a)(42) of the Immigration and Nationality Act (INA). To meet the definition of a refugee, a person must have, among other things, a "well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion." An experienced immigration law attorney can work closely with you to prepare and present the information that is essential to a successful asylum or refugee application. If you have questions about asylum or refugee status, call an immigration lawyer today.

Asylum

Asylum is available to non-citizens who are already in the United States. Non-citizens who are granted asylum may avoid removal and may ultimately obtain permanent residence status.

Asylum seekers must satisfy the statutory definition of refugee. For purposes of asylum, a refugee is "any person who is outside any country of such person's nationality . . . and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion."

To obtain lawful entry to or removal from the US through asylum, a non-citizen must apply for asylum. Asylum status may be sought:

• Upon arrival in the United States (at a US airport or at a US border, for example)
• After arrival
• During removal proceedings

Immediate family members may also be eligible for asylum status, provided they were named in the asylum application. Family members do not need to be present in the United States when the application is filed. Because a person who intends to seek asylum must typically to do so within one year of arrival in the US, because most asylum applications are rejected, and because the result of a rejected asylum application is removal from the US, asylum seekers should contact an asylum lawyer as soon as possible.

Refugee Status

Refugee applicants are similar to asylum applicants except that a person seeking refugee status must be outside of the United States. Refugee applicants must apply for refugee status by filing the appropriate forms, supporting documents, and evidence at a USCIS office located outside the US. Additionally, unlike asylum applicants, refugee applicants are subject to numerical limitations.

Among other requirements, refugee applicants must satisfy the statutory definition of refugee and be of special humanitarian concern to the United States. Refugees must also be sponsored by a "responsible person or organization," such as a relative, church, or humanitarian organization or agency, who will arrange or provide for the refugee's transportation to the US.

The US Attorney General has the power to waive conditions that would otherwise preclude a refugee's entry to address a humanitarian concern, support family unity, or serve the public interest.

Conclusion

Obtaining asylum or refugee status to enter or remain in the United States is a very difficult undertaking. It requires an appearance before an Asylum Officer or an Immigration Judge who will review the evidence that you submit to determine whether removal from the US will actually result in persecution or torture. Unfortunately, many officers and judges will not understand the particular political or social climate that you will face. It is vital to have an experienced immigration attorney work with you to present information about your country and the specific reasons that you are in danger by returning there. If you need assistance applying for asylum or refugee status, contact an immigration attorney today.

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