Those who are fleeing persecution in their home country may qualify for refugee or asylee status in the United States, which allows them to enter and stay in the country and the opportunity to gain legal resident status. An asylee is a person who is seeking or has been granted political asylum.
The most significant difference between refugee and asylee status is where the person applied for admission: asylum seekers are already in the U.S., while refugees are outside of the country.
An applicant for refugee or asylee status is required to show that they reasonably fear persecution in their home country and that the persecution was due to their race, religion, nationality, membership in a particular social group, or because of their political opinion.
The United States government grants refugee status as a type of protection to individuals who meet certain requirements and are of special humanitarian concern to the United States.
Refugees are typically people who have left their country and are unable or unwilling to return due to a well-founded fear of serious harm and persecution. A refugee applies for status outside of the United States and typically applies directly to the United Nations. Our experienced attorneys are familiar with all of the details.
An asylee enters the U.S. and makes his or her application within a year of arrival. The application can also be made later if the situation in their home country developed after their arrival. Although some individuals have suffered greatly or have a serious and legitimate concern for their safety, they may be ineligible for asylum. Asylum is only granted to people whose reasonable fear of persecution is related, or has a “nexus” to their race, religion, nationality, membership in a social group, or political opinion.
Along with the asylum applicant, immediate family members may also be eligible for asylum status if those family members were named in the asylum application. The family members do not need to be in the U.S. when the application is filed.
Our attorneys can assist with the asylum and refugee processes, and will represent clients in affirmative and defensive applications, as well as other applications for humanitarian relief. Contact Milvidskiy Law today and allow us to guide you through your safe and legal entry into the United States.