The terms “refugee” and “asylum seeker” are often used interchangeably, but there is actually an important legal distinction between them. Understanding what prompts individuals to seek asylum or run from their home countries can be a beneficial first step in comprehending these differences and learning how you can get help. In this article, we will examine how refugees and asylum seekers are different.

Refugee Definition and Eligibility

A refugee is an individual who was forced to leave their country of origin due to persecution, war conditions, or because their government was unwilling or unable to protect them in these circumstances. To be deemed a legal refugee in the U.S., an individual must be currently living outside of the United States; be able to prove persecution based on race, religion, nationality, social class, or political viewpoint; be of specific humanitarian concern to this country; not be permanently resettled in another country; and be eligible for legal admission to the U.S. For more information about the Immigration and Nationality Act (INA) and the legal definition of refugee, visit the USCIS website.

If the individual rises to the definition of a refugee, and was referred by the UN Refugee Agency, the U.S. Embassy, or is on a pre-approved list, they may be approved for a refugee visa.
Those applying for refugee status may include their spouse and unmarried children under 21 on their application. Same-sex couples are allowed to apply as spouses as long as their marriage was legal in the country where they were wed. In some limited cases, other family members may be eligible to be included on the visa application as well.

Asylum Seeker Definition and Eligibility

The primary difference between asylum seekers and refugees is that asylum seeker status is a temporary placeholder while awaiting a qualification as a refugee.

The asylum law definition under U.S. Code §1158 is that asylum is granted to someone who has met the burden of proof to the Attorney General that race, nationality, religion, or political opinion will lead to persecution in their home country. Asylum seekers have applied for refugee status and are in the process of leaving their country of origin. While they wait for a decision from the United States, asylum seekers enjoy few benefits and protections.

What Rights Do Refugees and Asylum Seekers Have?
The United States follows the international 1951 Convention and 1967 Protocol in addition to its own federal law, the Refugee Act of 1980, to determine and govern the rights of refugees and asylum seekers. These Acts outline assistance that may be approved, which includes:

- - Loans and advice for travel
  - Medical exams and assistance
  - Cultural orientation assistance
  - Access to food stamps and cash assistance
  - Access to housing assistance
  - Help from caseworkers
  - Eligibility to work

Can These Statuses Be Deported?

Both refugees and asylum seekers can be deported from the U.S. If a refugee has obtained a green card, reasons for deportation may include failing to notify USCIS of a change of address, violation of U.S. immigration laws, remaining on public assistance for longer than five years, and commission of certain crimes.

If you or a member of your family is seeking asylum or refugee status, don’t try to navigate the system by yourself. Probinsky & Associates provides professional immigration representation in the Tampa, Orlando, and Sarasota regions. We look forward to helping you to arrive safely and legally in our country.