1. What is the difference between an asylum seeker and a refugee?

An asylum seeker is a person who has applied for asylum in another country and is awaiting the outcome of their application. A refugee is someone who has been granted official recognition as a refugee by the government of the country they have applied to.

2. What is the refugee process in the United States?

The refugee process in the United States involves three distinct phases: (1) referral and initial screening, (2) formal application and security checks, and (3) resettlement and integration.

Referral and Initial Screening: In this step, refugees are referred to the U.S. from a United Nations High Commissioner for Refugees (UNHCR) office or the U.S. Embassy in their region or country of origin. Those who are referred then go through an initial screening process that assesses their eligibility under U.S. refugee law and policy.

Formal Application and Security Checks: After the initial screening, if eligible, refugees must complete a formal application process to be considered for resettlement in the United States, which involves detailed interviews and background and security checks conducted by U.S. Citizenship and Immigration Services (USCIS).

Resettlement and Integration: Following approval by USCIS, the refugee is assigned to a designated resettlement agency that helps them transition into their new home in the United States through support services such as housing, health care, employment assistance, and language classes.

3. How long does it take for an asylum application to be processed?

The amount of time it takes for an asylum application to be processed varies greatly depending on the country and the individual case. The process typically involves several steps, such as filing the application, attending a hearing, submitting documents, and waiting for a decision. Each step can take several months or even years.

4. Who can file for asylum in the United States?

Under U.S. immigration law, individuals who are persecuted in their home countries or have a well-founded fear of persecution due to their race, religion, nationality, political opinion, or membership in a particular social group can apply for asylum in the United States. To be eligible for asylum, an applicant must be physically present in the United States or arrive at a U.S. port of entry and file an application within one year of their arrival.

5. What documentation is needed to support an asylum claim?

In the United States, applicants for asylum are required to provide evidence of past persecution or a well-founded fear of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. Applicants must demonstrate that they have faced or will face persecution in their home country due to one of the five protected grounds.

To support an asylum claim, applicants must provide credible and convincing evidence that would demonstrate such a fear. This can include, but is not limited to, affidavits from family and friends, medical records or reports, news articles or other media coverage, official documents from the applicant’s home country, and any other relevant documents. Applicants may also be asked to provide their original identity documents to support their claim.

6. What are the criteria for a valid asylum claim?

In the United States, to be eligible for asylum, an applicant must meet certain criteria as outlined by U.S. immigration law. Specifically, an individual must demonstrate a “well-founded fear of persecution” based on race, religion, nationality, political opinion, or membership in a particular social group. The individual must also show that the persecution is or would be inflicted either by the government of his/her home country or by an entity that the government is unable or unwilling to control. Lastly, the individual must not have committed any disqualifying criminal acts or have been firmly resettled in another country prior to arriving in the United States.

7. Are there special considerations for unaccompanied minors seeking asylum?

Yes, there are special considerations for unaccompanied minors seeking asylum. For example, the U.S. Department of Health and Human Services (HHS) must provide unaccompanied immigrant children with care and services while they are awaiting resolution of their immigration status. HHS is responsible for providing unaccompanied minors with safe and appropriate shelter; medical care, mental health care, and activities to meet the minors’ physical, mental and emotional needs; legal services; and case management.

8. Are there any circumstances under which a person can be denied asylum?

Yes, a person can be denied asylum if they do not meet the criteria for refugee status or if their application is deemed incomplete or fraudulent. Additionally, individuals can be denied if they have committed a serious crime or pose a threat to national security.

9. What rights do refugees and asylum seekers have once they are in the United States?

Refugees and asylum seekers have many of the same rights as all other individuals living in the United States. These rights include the right to due process, freedom of speech, freedom of religion, protection from unlawful searches and seizures, the right to vote, and access to public education. They also have the right to apply for a work permit and seek employment. Additionally, they have access to medical and mental health services, food assistance programs, and housing assistance.

10. How are people granted refugee status determined?

Refugee status is determined by the United Nations High Commissioner for Refugees (UNHCR) based on the 1951 Refugee Convention. To be eligible, an individual must be outside their home country and have a well-founded fear of persecution on the basis of race, religion, nationality, political opinion, or membership in a particular social group. The UNHCR will interview individuals and assess their individual claims before making a determination on their status.

11. How do refugees and asylum seekers access medical care in the US?

Refugees and asylum seekers can access medical care in the US through a variety of programs and services. The US has a wide range of public and private programs that provide healthcare to low-income individuals, including refugees and asylum seekers. These programs include Medicaid, the Children’s Health Insurance Program (CHIP), and the Affordable Care Act (ACA) health insurance marketplace plans. Additionally, many states offer additional programs specifically designed to serve refugees and asylum seekers. For example, some states provide primary care services at local health departments or offer special refugee health programs that provide primary care, mental health services, case management, and other assistance. Additionally, many nonprofit organizations such as the International Rescue Committee (IRC) provide medical services and referrals to refugees and asylum seekers.

12. How long does it take for refugees to be resettled in the US?

The length of time it takes for refugees to be resettled in the US varies depending on a variety of factors, such as the individual refugee’s country of origin, the availability of refugee processing resources, and decisions made by the US Citizenship and Immigration Services (USCIS). Generally, the resettlement process can take anywhere from 18 months to several years.

13. Are there any restrictions on refugees and asylum seekers entering the US?

Yes, the US has a variety of restrictions in place for refugees and asylum seekers. These include the eligibility criteria to apply for refugee status or asylum, the numerical limits on the number of refugees and asylees admitted each year, and security checks and other forms of screening.

14. What is the difference between a refugee and an asylee?

A refugee is someone who has been forced to leave their country of nationality due to fear of persecution due to race, religion, nationality, political opinion, or membership in a particular social group. An asylee is someone who is already in the United States and has proven that they have a well-founded fear of persecution if they were to return to their home country.

15. Are there any immigration benefits that apply to refugees or asylees?

Yes, refugees and asylees may qualify for a variety of immigration benefits, including the ability to adjust their immigration status to lawful permanent resident, access to certain public benefits, access to naturalization, and access to some travel benefits.

16. Under what circumstances can an asylee apply for permanent residency in the US?

An asylee may apply for permanent residency in the US if they have been physically present in the US for at least one year after being granted asylum, if they have not abandoned their residence in the US, and if they meet all of the other eligibility requirements for permanent residency.

17. Can asylees travel outside of the United States and still maintain their status?

Yes, asylees can travel outside of the United States and still maintain their status. However, they must apply for and receive permission from U.S. Citizenship and Immigration Services (USCIS) before they travel. They can apply for permission by filing Form I-131, Application for Travel Document.

18. Does an asylum seeker have access to social services while their application is being processed?

Yes, in many countries, asylum seekers have access to social services while their application is being processed. This includes access to healthcare, education, and legal services.

19. Are there any legal aid organizations that specialize in assisting refugees and asylum seekers?

Yes, there are many legal aid organizations that specialize in assisting refugees and asylum seekers. Examples include the International Refugee Assistance Project (IRAP), Refugee and Immigrant Center for Education and Legal Services (RAICES), Asylum Seeker Advocacy Project (ASAP), and Human Rights First.

20. What is the process for appealing a denied asylum application?

An applicant can appeal a denied asylum application by submitting a Notice of Appeal to the Board of Immigration Appeals (BIA). The BIA will then review the case before making a decision. The applicant may also submit additional evidence in support of their appeal. Depending on the case, the applicant may have to appear at an in-person hearing before a judge. Ultimately, the BIA will issue a decision that affirms, reverses, or vacates the decision of the immigration judge who denied the asylum application.