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Asylum vs. Refugee Status: What is the Difference?
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Foreign nationals who leave their home country because they fear for their safety, or who are scared to return to their own country, can apply for special protections in the United States. The way to do this is by applying for either asylum or refugee status. Many people use these two terms interchangeably, but there are important legal differences between them. So, how do you know whether to apply for refugee status or asylum status? It all depends on where you are at the time of application.
Applying for Refugee or Asylum Status
If you are not currently in the United States and want to enter the country, you must apply for refugee status. Typically, this is done through the U.N. Refugee Agency, but you cannot specify which particular country you would like to enter.
If you have already entered the United States, whether on a visa or illegally, you must apply for asylum status. Applying for asylum status is often more difficult than applying for refugee status.
Qualifying for Refugee or Asylum Status
You must prove two eligibility requirements when applying for either refugee or asylum status. You must first show that you cannot or will not return to your own country because you faced persecution there in the past or because you fear that you will face persecution if you return.
Unfortunately, facing persecution is not enough to obtain refugee or asylum status. You must also show that the persecution you will face is due to your religion, race, nationality, membership in a certain social group, or your political opinion. Although the terms religion, race, and nationality are fairly easy to understand, many people do not understand what the requirements of political opinion and membership in a certain group entail.
Persecution based on political opinion means that you have certain opinions that the government or authorities in your home country do not tolerate. Typically, this means that you have been critical of the government in some way. When claiming persecution based on political opinion, you must show that the government or other authoritative body is aware of your opinion, otherwise you likely have no reason to fear persecution for it. Showing that you were outspoken at protests, or that you published anti-government sentiments can help show that you would be persecuted for your opinions.
Claiming persecution based on membership in a certain social group is much more difficult to establish. A social group is defined as a group of people with fundamental common characteristics that they cannot change, nor should they be expected to. Social groups must have specific boundaries for membership, and be recognized as a distinct body. Examples of social groups include certain ethnic groups, tribes, and certain social classes.
Our Illinois Immigration Lawyers can Help With Your Case
Applying for asylum or refugee status can provide you with the protection you need, but the process is not easy. At Kriezelman, Burton & Associates, our Chicago immigration lawyers are here to help. We can advise on which type of status to apply for, help you prove your case, and give you the best chance of a positive outcome. Call us today or contact us online to schedule a meeting with one of our experienced attorneys.
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My aunt was recently detained by ICE and sent to El Paso, Texas to the East Montana Detention Facility. This place is essentially a prison in the middle of the desert, and the majority of the detainees here get deported. My family and I interviewed a dozen immigration attorneys around the country to help my aunt, and we decided to hire Kevin Raica, an attorney with Kriezelman Burton and Associates.…
Our case was very difficult, and at times it felt like there was no way out. My wife was detained for a long period of time, and it was an extremely challenging experience for our family. Kriezelman Burton & Associates, LLC truly changed our situation. I would especially like to thank our attorney, Brittni Rivera, as well as Natalia. They were attentive, honest, and always ready to help. It was…
I cannot recommend Kevin Raica highly enough. He helped me successfully obtain my U.S. green card, and the entire process was smooth and stress-free because of his expertise and dedication. From start to finish, Kevin was professional, organized, and extremely knowledgeable about immigration law. He made sure every document was prepared correctly and took the time to explain each step clearly. Anytime I had questions, he responded promptly and made…
Great experience with this attorney office. They helped me with my I-751 waiver after divorce. Kevin was very professional, and supported me through the interview. Everything went smoothly and my case was approved. Highly recommend!
We contacted Kriezelman Burton & Associates, LLC, based on a recommendation, when my wife was detained by ICE. Attorney Khiabett Osuna handled our case, and it turned out to be the right choice. From the very beginning, she proved herself to be a caring and competent professional, clearly explaining the process. You can tell she's truly invested in each case and achieving results for her clients. We've also heard of…
I would like to express my gratitude to Kriezelman Burton & Associates, LLC, and especially to attorney Khiabett Osuna, who handled my case. I contacted them based on a recommendation and have never regretted it. From the very beginning, she demonstrated high professionalism. I could tell she was genuinely committed to the outcome and was doing everything possible to protect her client.
Mr. Kriezelman, Mr. Burton and Ms. Erin Cobb, I want to thank you from the bottom of my heart for handling my case. Your knowledge and dedication to my case is truly appreciated. Thank you.
I highly recommend Brittni Rivera. We are very grateful to her and the entire team at Kriezelman Burton & Associates. Your dedication, responsiveness, and compassion made an enormous difference during an incredibly difficult time. Serving as the liaison between Brittni Rivera and our friend in ICE detention, I saw firsthand how tirelessly she worked guiding us through the process, answering every question, and never losing sight of the humanity at…
Andrea C. Ochoa is truly the best of the best. ❤️ Our family went through one of the most difficult and frightening experiences of our lives when Feruz was detained by ICE. We felt lost, scared, and unsure of what would happen next. From the very beginning, Andrea brought us not only her professionalism and deep legal knowledge, but also something even more important — hope. She guided us through…
Thank you Matthew for all your help with my case. Highly recommend
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