There are a variety of reasons why someone might want to leave their country of origin. They may leave to seek out a better life for themselves and their family. They might leave due to some sort of conflict taking place within their country.
However, one common reason that people leave their country of origin is that they fear persecution as a result of their nationality, race, religion, political opinion, or membership in a certain social group. This fear of persecution causes many people to leave their country of origin and seek shelter in a different country. Two terms that are crucial to this discussion are the terms asylum seeker and refugee. These terms share some similarities, but they are not the same. Let's examine the difference between a refugee and an asylum seeker.
What is an asylum seeker?
As previously stated, the term asylum seeker is critical to our discussion of this topic. The most common definition of an asylum seeker is that it is someone who is seeking international protection from a certain country. The vast majority of countries have individualized procedures for asylum seekers. In those countries, the term asylum seeker refers to someone who has submitted a claim to be recognized as a refugee but the country to which they presented it has not made a decision about their claim yet. All refugees are seeking
protection under asylum initially, but not all asylum seekers will receive recognition as refugees.
What is a refugee?
The other central term for this discussion is the term refugee. The most widely-accepted definition of a refugee is that a refugee is someone who has fled from their country of origin and cannot or will not return due to a well-founded fear that they will face persecution in their country of origin due to their race, nationality, religion, political opinion, or membership in a specific social group. It is important to highlight the fact that the fear has to be well-founded in order for someone to be a refugee.
There are a number of ways that this fear can be justified, but a few ways are ongoing persecution in their country of origin or a past history of persecution in their country of origin. For example, if a country has a history of persecuting Christians, then the fear that the country will persecute Christians once again is well-founded. However, the most common justification for this fear is ongoing persecution in the country of origin that the refugee would face due to one of the aforementioned characteristics of their identity.
Why are some asylum seekers denied refugee status?
As you can probably tell at this point, asylum seekers and refugees are often the same people just at different points in the process of resettlement. However, as you likely know, not all asylum seekers successfully receive refugee status. There are a number of reasons for this. Every country has a different system for people who are seeking refugee status. For the sake of simplicity, we will discuss the reasons for the denial of refugee status in the United States of America.
One of the most common reasons for the denial of asylum is that the asylum seeker does not submit an asylum application on time. In the United States, a foreign national has to file an asylum application within one year of entering the country. If they fail to do so, then they will be denied asylum and will not be able to be granted refugee status in the country. Generally speaking, the foreign national will not have an opportunity to file for asylum after the one-year filing deadline has passed. For this reason, it is essential that asylum seekers file their application for asylum by the asylum application deadline.
What are the two types of Asylum in the United States?
The two kinds of asylum in the United States are affirmative asylum and defensive asylum. The process for affirmative asylum is for people who are not in removal proceedings and the process for defensive asylum is for people who are in removal proceedings. Removal proceedings are what happens when the US government orders that a certain asylum seeker be removed, or deported, from the United States. Asylum seekers who are not in removal proceedings can apply for asylum through the U.S. Citizenship and Immigration Services, which is a division of the United States Department of Homeland Security. In the event that the USCIS asylum officer doesn't grant the asylum application, the asylum seeker is referred to removal proceedings.
On the other hand, defensive asylum is for people who are in removal proceedings. Asylum seekers who are in removal proceedings can apply for defensive asylum by filing the appropriate application with an immigration judge at the Department of Justice's Executive Office for Immigration Review. In this case, the asylum seeker is applying for asylum to defend themselves from removal from the United States. The process of applying for defensive asylum includes several components. The following page is a good resource for more information about this process.
Final Points on Asylum Seekers and Refugees
The process of seeking asylum is a complex one and there are various regulations, procedures, and requirements that asylum seekers have to know when they seek asylum. As previously mentioned, there is no guarantee that the United States will grant asylum to a certain asylum seeker. Asylum seekers also may fail to complete steps in the asylum-seeking process in time and this can cause them to be denied asylum in the United States.
Due to the complexity of the asylum process and the immigration laws in the United States, it is best for asylum seekers to consult an
experienced immigration lawyer if possible. Immigration lawyers can explain the regulations and procedures concerning asylum in the United States. Additionally, immigration lawyers can provide assistance to asylum seekers so that they have the best chance of being successfully granted asylum in the United States. Immigration lawyers can also aid asylum seekers in getting citizenship in the United States so that they can fully integrate themselves into their new country.
Want to learn more about immigration law? Here are some related resources:
What Does It Mean to Seek Asylum and How Does the Process Work?
What to Know About What Immigration Lawyers Do
