Whether you are applying for Asylum or Refugee status it has its Pros and Cons. If you are a member of a persecuted group and you are considering fleeing your home country to come to the United States; you may have heard that the refugee application process is lengthy and hard. You might also be pondering whether it would be in your best interest to book a flight to the U.S. then request asylum at the airport or port of entry or after having entered the country.
Unfortunately, there is no easy way to gain refugee status, asylum or other humanitarian protection or benefit in the U.S. But it is worth familiarizing yourself with the application process and considering the possibilities you may have.
To be able to meet the eligibility requirements to obtain either an asylum or refugee status, you must be reluctant to return to your home country of origin due to a well-founded fear that you will be persecuted based on your race, religion, nationality, social group, or political opinion. But the similarities end there.
Differences between refugee and asylee statuses is as follows:
- When petitioning for refugee status, you are required to have left your home country (except in special circumstances such as a disaster or war) and must apply through the United Nations, but not directly to the United States. Talk to an immigration attorney when submitting your refugee application
- In order to apply for asylum in the U.S. you must not only have fled your home country, but be at the U.S. border or already present in the country
Refugee Application Process in Summary
Before applying to become a refugee, you must get a referral. How do you get this referral? Your best bet into getting into the U.S. Resettlement Program (USRAP) is by contacting the United Nations High Commissioner Refugee Agency (UNHCR), but even then only approximately 1% of applications are granted referrals for resettlement in a third country such as the U.S.
Just know that even if you are referred to the USRAP, there is no guarantee that you will be given refugee status, much less be assigned to the U.S. You will need to go through a series of interviews and present any relevant documents that you have, showing your identity, the persecution you experienced and more. Fortunately, the several agencies designed to handle the refugee application process understand that you might have arrived into the U.S. with little to no resources and will do their best to help you prepare your story and gather relevant documents. The agency handling your case could likely place you anywhere in the world (though a U.S. assignment is more likely if you already have family in the U.S).
A Rundown of the U.S. Asylum Application Process
Any foreigner that enters the U.S. on their own, whether it is by obtaining a valid tourist visa or even crossing the border unlawfully, will be able to apply for asylum on their own initiative, either at the border or airport (whichever port-of-entry), or by mail. The Immigration and Nationality Act specifies that as part of the process regardless of their immigration status this covers both people who made illegal entries and those who overstayed visas. It is advised you should not file your asylum application within one year of arrival into the U.S.
Foreign nationals who are approved for asylum can remain in the U.S. but if their application is denied the principal applicant and anyone other name included in the application as an accompanying family member will be placed into removal proceedings where you will have to present a persuasive asylum argument in an immigration court. At this point, the procedure of the case can be overwhelming and time-consuming, and will likely require the assistance of an expert immigration attorney.
Another alternative, if you cannot get a U.S. visa or entry document, is to request asylum at the U.S. border or at an entry port during a flight layover. However, this comes with a higher risk that you could be placed in holding or denied having passed through a safe third country.
Get Advice From Experienced Immigration Attorney
If you are in doubt about whether to travel to the U.S and file for asylum or submit a refugee application from abroad; let an immigration lawyer advise you first before making a decision. Here at Gambacorta Law Office our team of attorneys are very well-versed in asylum and refugee applications. We work hard on behalf of our clients until the end of the application process.
