What's the difference between a refugee and an asylee?

By Jessica Suotmaa 0

In popular media the terms ‘refugee’ and ‘asylee’ are often used interchangeably. It’s difficult to tell the difference between seeking refuge and seeking asylum. After all, don’t they mean the same thing?

When it comes to the specific ways the terms apply in immigration, the answer is no.

In this article, we will explain the difference between a refugee, asylee, and asylum seeker.

What’s a Refugee?

Generally, a refugee is someone who has been forced out of their home country. The refugee is seeking refuge outside of their home country because they can no longer remain or return there.

However, in order to receive “refugee status” in the U.S., a refuge seeker must meet certain standards. These standards are dictated by Section 101(a)(42) of the Immigration and Nationality Act (INA), and are similar to the international Refugee Status Determination process (RSD).

Here’s what USCIS would require of a potential refuge seeker:

  • Refuge seeker must be outside of the U.S. at the time of application
  • Refuge seeker must’ve been persecuted due to the one of the following:
    • race
    • religion
    • nationality
    • membership in a particular social group
    • political opinion
  • Refuge seeker cannot be settled in another country
  • Refuge seeker must be inadmissible in the U.S. by other means

To apply for refugee status in the U.S., a refuge seeker must be referred to the U.S. Refugee Admissions Program (USRAP) for refugee status determination.

What “rights” do Refugees have?

Once refugees are granted “refugee status”, they have certain internationally recognized “rights”. Such rights include:

  • Right to their original property (in their country of origin, should they return)

Note: Voluntary return to a refugee’s country of origin to claim property can result in a loss of their third country residence allowance. So if you’ve been granted stay in a country where you didn’t apply for asylum, you can lose that right to stay when you leave to return to your country of origin.

  • Right not to be deported to their country of origin

Note: Although a refugee cannot be deported to their country of origin (where they were persecuted), they can be relocated to a different country.

  • Right to travel (but not to their country of origin)

Note: Refugees are encouraged to remain in the first country they arrive at instead of shopping for better refugee benefits, or risk losing their refugee status.

Who is NOT a Refugee?

The USCIS website specifies that a person who leaves his home country for a “better life” is not a refugee but an “economic immigrant”.

Also, those who are already in the U.S. seeking refuge for humanitarian reasons such as persecution by race, religion, nationality, membership in a particular social group or political opinion must apply through the asylum program.

Who is an Asylum Applicant?

Where a refugee is not granted permission to enter a country until they are approved through the refugee program, an asylum applicant is a person who applies for asylum status while in the country. Therefore, a migrant who feels persecuted can enter American soil or reach the U.S. border and request asylum. But, the key difference is that a refugee has been granted asylum before they entered the U.S. and an asylum seeker is claiming they are a refugee but is still waiting for the results of his or her application.

In most countries, asylum applicants do not have the same rights as refugees. They are not granted work permits, benefits, or the freedom to move freely within the country.  Asylum applicants must prove their case before they can become “asylees”.

Who is an Asylee?

An asylee is an asylum applicant who has been granted refugee status or “asylum”.

 

Do you have questions regarding your asylum qualifications or application? Contact our experienced asylum attorneys about the best way to present your application or most credible deportation defense case strategy!