What’s the Difference Between Asylum and Refugee Status?

Immigration law often uses the terms asylum and refugee status interchangeably, but they are not the same. Both provide protection to people who fear returning to their home country because of persecution. However, the main difference lies in where the person is located when they apply.

Refugee Status

A refugee is someone who is outside of the United States when they apply for protection. Refugees usually go through a screening and approval process while still overseas, often coordinated by the United Nations High Commissioner for Refugees (UNHCR) and the U.S. Refugee Admissions Program. Once admitted, refugees are resettled in the U.S. and may receive assistance with housing, healthcare, and employment.

To qualify as a refugee under U.S. law, the person must show that they cannot return to their home country because of persecution or a well-founded fear of persecution based on:

• Race

• Religion

• Nationality

• Political opinion

• Membership in a particular social group

Asylum

Asylum seekers, on the other hand, are individuals who are already in the United States or at a U.S. port of entry when they request protection. They may have entered legally (with a visa) or without authorization, but they must apply within one year of arriving in the U.S., unless they qualify for an exception.

Like refugees, asylum applicants must prove they face persecution on the same five protected grounds. If granted asylum, they can live and work in the U.S., apply for certain benefits, and eventually seek permanent residency (a green card).

Key Differences at a Glance

• Location of Application: Refugees apply from abroad; asylum seekers apply from within the U.S. or at its border.

• Process: Refugees are screened and admitted before entering the U.S., while asylum seekers request protection after arrival.

• Timing: Refugee status is granted before entry; asylum is requested after entry.

Why This Matters

Understanding the difference is crucial for individuals seeking protection, as well as for families, advocates, and communities supporting them. Both asylum and refugee protections reflect the U.S.’s commitment under international and domestic law to offer safety to people fleeing persecution.

For more information, contact our office at Askew & Associates, P.A. by calling 954-546-2699.

Disclaimer: this blog post is not intended to be legal advice. We highly recommend speaking to an attorney if you have any legal concerns.