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Asylum and Refugee Status

A person who is unable or unwilling to return to his or her country of nationality because of persecution, or a well-founded fear of persecution, is called an asylee. The persecution or fear of persecution must be based upon the alien’s race, religion, nationality, membership in a particular social group, or political opinion.

An asylee may already be in the U.S., or may be seeking entry at a port of entry. According to statute, it is irrelevant for purposes of asylum whether an alien is in the country legally or illegally. Aliens who have been apprehended apply with an immigration judge; others apply to a USCIS asylum officer. Aliens must establish past persecution or a well-founded fear of persecution if they return to their country. If the USCIS denies an alien’s claim for asylum, the claim may be renewed before an immigration judge.

A refugee meets the same criteria as an asylee but is located outside the United States, and outside his or her country of nationality. DHS officers in overseas offices make refugee approvals. Only a certain number of refugees may be admitted in any given year; the number is set by the President after consultations with Congress. Both asylees and refugees may later adjust their status to lawful permanent resident status.


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