The main difference between a refugee and an asylee in U.S. Immigration law is two fold. The first is that a refugee applies for sanctuary outside the United States. Typically an applicant for refugee status applies directly to the United Nations High Commissioner on Refugees for recognition as a refugee. The United Nations then run an interpol check, interview the applicant, and review the evidence submitted, and then either grant or deny the individual recognition as a refugee. If the person is recognized as a refugee by the UN, the UNHCR will issue them a refugee travel document, provide them with food and shelter at a "camp" abroad, and work with member countries in an attempt to facilitate their resettlement in a third country.

If the refugee has relatives in the United States, or wishes to be resettled here, the UNHCR will assist the applicant in seeking entry to the United States as a refugee. Extensive documentation of the claim is not typically required if the refugee has already been formally recognized as a refugee by the UNHCR, although the US government does make a cursory review of the claim.

If admitted to the United States, the US government works with certain voluntary agencies across the U.S. to insure that the incoming refugee will be met at the airport, and that arrangements have been made for food, shelter, and adjustment to American society and culture.

In contrast, an asylum applicant does not apply for recognition as a refugee directly to the United Nations, but rather, applies directly the U.S. government for recognition that s/he is unable or unwilling to return home because of a bona fide fear of persecution. An asylum applicant, thus, is in the United States at the time of application for status. Typically such applicants entered the U.S. on some kind of non-immigrant status and decided to seek asylum status upon or after arrival here.

The evidence required for an asylum applicant is much more extensive and such applications have a greater chance of denial. Individuals who are unable to establish a bona fide fear of persecution, but who would be tortured if they are returned to a specific country, may apply for consideration under the United Nations Conventions regarding torture, which the U.S. signed in 1994. The regulations regarding this form of relief were made available only in February 1999.

Individuals seeking asylum generally apply at the port of entry at the time they enter the United States. Generally, the law requires that an application for asylum be filed within one year of your arrival. Individuals who are in the United States in some other non-immigrant visa category like students and exchange visitors may apply later than one year only if conditions in their home country have changed since they arrived in the United States or if extraordinary circumstance prevented the applicant from filing within the one year period.

It is important to understand the person making a decision on your asylum claim may not be familiar with your country, the government in your country, and the political or social circumstances there. As a result, asylum claims are decided based primarily on the evidence submitted, as well as on the credibility of your written and oral statements, and available information which substantiates your claim. If you do not provide very detailed information in a well organized manner, your claim will likely be denied, even if you have a genuine fear of persecution.

Because of the time limits on filing an asylum claim, it is important preparation of your application and the evidence which will be filed in support of your application, begin as quickly as possible. Although new immigrants often do not have a lot of money, this is one instance where it is critically important that you work with a good immigration attorney as early as possible so that your application is not denied.

This is particularly important because if an Asylum Officer finds that you are not eligible for asylum and you are in the United States illegally, the Asylum Officer will place you in removal proceedings and refer your application to an Immigration Judge for a final decision. The Immigration judge can order that leave the United States and can even order that you be forcibly removed. If you are in valid immigrant or nonimmigrant status and the Asylum Officer finds that you are not eligible for asylum, the Asylum Officer will send you a notice explaining that the INS intends to deny your request for asylum. You will be given an opportunity to respond to that notice before a decision is made on your application.

Filing for asylum should not be done without the assistance of an immigration attorney or authorized representative. A request for political asylum in the United States is made by completing an I-589 Application and sending it with supporting materials to the INS. It normally takes about 180 days from the date of filing for your request to be considered. If you have been placed in proceedings and you are scheduled to see an immigration judge about your stay in the United States, or some other issue, you must file the I-589 Asylum request with the Immigration Court.

Applicants will be interviewed by an Asylum Officer or an Immigration Judge. The Asylum Officer will either approve your application or refer it to an Immigration Judge for a final decision. If the Immigration Judge denies your asylum application, you will receive a letter telling you how to appeal the decision. Generally, you may appeal within 33 days of receiving the denial. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C

If you are applying for asylum and you want to travel outside the United States, you must receive advance permission before you leave the United States in order to return to the United States. This advance permission is called Advance Parole. If you do not apply for Advance Parole before you leave the country, you will abandon your application with the INS and you may not be permitted to return to the United States. If your application for asylum is approved, you may apply for a Refugee Travel Document. If you travel back to your home country, it will be difficult to convince an American Consular Officer later that you are genuinely afraid to return home and merit political asylum.

Working while applying for Asylum
Asylum applicants cannot apply for employment authorization at the time they apply for asylum. The law requires that you must wait 150 days after the INS receives a complete application before you can apply for employment authorization. The INS then has 30 days to either grant or deny your request for employment.

If you are granted asylum, you will be allowed to live and work in the United States. You also will be able to apply for permanent resident status one year after you are granted asylum.

Claims Under the United Nations Torture Convention

In this section see also:

Family Based Immigration
International Adoptions
Employment Based Immigration
Immigrant Visa Processing
Diversity Lottery