Certain foreign nationals may qualify for asylum/refugee depending on where they are at the time of their application. If an immigrant files while in the U.S. and granted asylum, he/she is called an "asylee". If an immigrant files while outside the United States, he/she is called a "refugee".
Asylum
An immigrant who files for asylum while in the United States is an “asylee.” An immigrant may avoid removal by applying for asylum due to a well-founded fear of persecution upon returning to his or her home country. The cause of this fear must be based on political opinion, religious belief, nationality, race, or membership in a particular social group. The criteria to establish a “well-founded fear” are difficult. Granting asylum is solely at the discretion of the United States Department of Justice. After one year as an asylee, an immigrant may be eligible to apply for a “Green Card.” The number of immigrants granted asylum is subject to annual quotas.
Refugee
An immigrant who files for asylum from outside the United States is a "refugee". Usually, a refugee applies for asylum outside the United States in a "refugee" camp. A refugee can apply for asylum due to a well-founded fear of persecution in his/her home country. The cause of this fear must be based on political opinion, religious belief, nationality, race, or membership in a particular social group. Usually, the process for refugees is quicker than asylees. This is because they do not have to prove their status as a refugee since it is already determined while outside the United States.
Withholding of Removal
Withholding of Removal is a different standard than asylum. It is based on a probability of harm to the immigrant if he/she is returned to their specific home country. It allows an immigrant to remain in the United States but without status and is not eligible for a Green Card. Preparing this is more difficult than asylum and the benefits are less than those given to asylees. However, this relief is mandated by law if applicant can prove his/her case. This relief is not subject to annual quotas.
Convention Against Torture and Other Crimes
It is the policy of the United States, in accordance with the United Nations Convention Against Torture, not to deport any person to a country in which there are substantial grounds for believing the person would be in danger of being subjected to torture. The standard is whether a person would be tortured “more likely than not” if they were deported to their home country.
Certain foreign nationals may qualify for asylum/refugee depending on where they are at the time of their application. If an immigrant files while in the U.S. and granted asylum, he/she is called an "asylee". If an immigrant files while outside the United States, he/she is called a "refugee".
Withholding of Removal is a different standard than asylum. It is based on a probability of harm to the immigrant if he/she is returned to their specific home country. It allows an immigrant to remain in the United States but without status and is not eligible for a Green Card. Preparing this is more difficult than asylum and the benefits are less than those given to asylees. However, this relief is mandated by law if applicant can prove his/her case. This relief is not subject to annual quotas.