While the terms asylum and refugee are often used interchangeably, they represent distinct legal statuses and carry different implications for those seeking safety and protection in the United States. If you are looking for protection in Middlesex County, or anywhere in New Jersey for that matter, it’s in your best interest to consult an experienced Middlesex County, New Jersey Asylum Lawyer who can guide you through every step of this complex process.
What Is The Difference Between An Asylum Seeker and a Refugee?
An asylum seeker is a foreign national who is seeking protection from dangers in their home country. Generally, an individual is eligible for asylum if they have suffered persecution or fear that they will suffer persecution due to race, religion, nationality, membership in a particular social group, or political opinion. These individuals fear for their lives or freedom if they return to their country of origin. Asylum seekers are required to apply for protection in the country where they arrive. This is usually at a port of entry, meaning a foreign national must be physically present in the country where they want to seek asylum to initiate the application process.
A refugee, on the other hand, is a foreign national who has been granted protection status by the United States government. Essentially, it’s an expedited immigration process that allows foreign nationals to relocate to the U.S. as soon as possible. A refugee is an individual who has been forced to leave their home country because they are not safe there. These fears can stem from violence, war, persecution, or human rights violations. For refugee status to be applicable, you must fear for your life under persecution, not because you have committed a crime and are facing criminal charges.
The primary difference between an asylum seeker and a refugee is that a refugee has been granted legal status, whereas an asylum seeker is applying for that legal status, but their claim has not yet been assessed and verified by authorities. In other words, a refugee is an individual who has been granted asylum, while an asylum seeker is still waiting for a decision on their claim. It’s important to understand that every refugee was once an asylum seeker, but not every asylum seeker becomes a refugee.
Key Differences Between Asylum Seekers and Refugees
- Asylum seekers apply for protection from within the United States or at a port of entry
- Refugees apply for protection from outside the United States via approved programs
- Both must demonstrate a well-founded fear of persecution based on a protected ground
- Refuges must be approved before entering the United States
- Asylees must await a decision on their application after submission
Where and How Do Asylum Seekers and Refugees Apply?
While asylum seekers and refugees both share similar eligibility requirements, the application process differs drastically depending on whether the applicant is inside or outside of the United States.
Differences in the Application Process
- Refugees
- Apply via the U.S. Refugee Admissions Program (USRAP)
- Typically referred to by the United Nations or U.S. embassies
- Applicants must undergo background checks, interviews, and medical examinations
- Eligible for assistance with resettlement, housing, and employment
- Asylum seekers
- Must be physically present in the United States or at a port of entry
- Applicants must file Form I-589 (Application for Asylum and Withholding of Removal)
- Applicants may apply affirmatively through USCIS or defensively through the immigration court
- Applicants are eligible to apply for work authorization after filing
What Rights Do Refugees and Asylum Seekers Have in New Jersey?
While the processes are different, both asylees and refugees are granted a number of rights once their applications have been approved in Middlesex County and throughout New Jersey.
Rights and Benefits After Approval
- Authorization to work and live legally in the United States
- Eligibility to apply for a green card after residing in the country for one year
- Ability to apply for U.S. citizenship upon meeting residency requirements
- Ability to file petitions for certain family members
- Access to some state and federal assistance programs
Are There Alternatives to Refugee Status?
If you don’t qualify for refugee status, that doesn’t necessarily mean that you are prohibited from immigrating to the U.S. For instance, trafficking victims who are already within the U.S. are eligible for a T non-immigrant status if they agree to work with law enforcement to the best of their ability regarding catching those who are guilty of trafficking them. This status will allow you to remain in the country for four years, and you can apply for permanent residence or a visa to extend your stay.
Other Immigration Relief Options
- T visas for victims of human trafficking
- U visas for victims of certain criminal offenses
- Temporary Protected Status (TPS) for eligible countries
- Special Immigrant Juvenile Status (SIJS) for minors
- Humanitarian parole in extreme circumstances
Contact an Experienced Middlesex County Immigration Attorney
At the Law Offices of Aditya Surti, LLC, we are prepared to help you determine your refugee or asylum eligibility and assist you in getting the ball rolling with your application, whether you are in Woodbridge, Sayreville, Piscataway, or any community in or around Middlesex County. Connect with our firm today to discuss your legal options for immigrating to the U.S.