Asylum and refugee status provide protection to individuals fleeing persecution, violence, or human rights violations in their home countries. Asylum is granted to individuals who are already in the United States or at a port of entry, while refugee status is given to those applying from outside the country through designated programs. Both statuses are based on a well-founded fear of persecution due to race, religion, nationality, political opinion, or membership in a particular social group. Those granted asylum or refugee status can live and work in the U.S., apply for permanent residency after one year, and eventually seek citizenship.
The asylum process requires applicants to prove their fear of persecution through legal filings, interviews, and sometimes court hearings. There are two types of asylum applications: affirmative asylum, processed through U.S. Citizenship and Immigration Services (USCIS), and defensive asylum, which is requested during removal proceedings. Refugees, on the other hand, undergo background checks, screenings, and approval through international agencies before being resettled in the U.S. Given the complexity and legal requirements of both processes, many applicants seek legal assistance to navigate their cases successfully.