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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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Estoy muy complacida con este bufete son muy bueno en lo que hacen,gracias a Maya flores por su trabajo desde el primer día de mi proceso estuvo pendiente y nos dio un tiempo estimado
We had the chance to work with Maya Flores during the final stage of our employment-based green card process, and we are so thankful we did. Even though our case was already far along when she stepped in, she took full ownership right away. She carefully reviewed everything, prepared the documentation, suggested the right immigration forms, and made sure we felt ready. She was with us during the interview and…
I highly recommend Attorney Mathew Kriezelman and Kriezelman Burton & Associates, LLC. I had an outstanding experience working with their office. I petitioned for my parents, and the firm guided them through the entire adjustment of status process. From the very beginning, Attorney Mathew Kriezelman and Paralegal Silvia Dimayuga were professional, knowledgeable, and exceptionally supportive. They clearly explained each step, ensured all documentation was properly prepared, and promptly answered every…
Navigating the immigration system is incredibly stressful, but Justin Burton made the process seamless. They were patient with all my questions and explained every step of the legal process in a way I could easily understand. Their attention to detail is unmatched, and their staff is professional and kind. Highly recommended!
I cannot thank Justin Burton enough for their incredible work on my case. From our very first consultation, I felt a sense of relief knowing I was in expert hands. They were meticulous with the paperwork, always kept me updated, and ultimately helped me achieve a successful outcome. If you are looking for an immigration lawyer who truly cares about their clients, look no further.
Outstanding Immigration Attorney – Worth Every Penny I cannot recommend Justin highly enough as an immigration attorney. My case was extremely difficult and complex, and from the very beginning, Justin demonstrated an exceptional level of knowledge, professionalism, and dedication. He took the time to fully understand every detail of my situation and explained the entire legal process clearly and honestly, which gave me confidence during a very stressful time. While…
I highly recommend this law firm! They are always honest right from the initial consultation. They don't take cases just for the money. My family member was a victim of an ICE raid in Michigan on November 17th and returned home on December 30th. It could have been faster, but everything happened during the holidays (Thanksgiving and Christmas). Maya Flores was recommended by another lawyer, and the entire team has…
I just wanted to take a moment to thank you for all your help and professionalism throughout my green card and citizenship process. Your guidance has made everything much easier to understand, and I truly appreciate how patient, thorough, and responsive you’ve been with every question I had. I’m very grateful for your support and the quality of your work. I would gladly recommend your services to anyone who needs…
My experience with Kriezelman Burton & Associates was excellent. We worked with Jennifer Peyton, for removal proceedings due to being detained by ICE. Jennifer worked diligently and was responsive. Jennifer was supportive throughout the whole process and showed compassion. With the help of Jennifer and the help of the firm, we were able to get the removal proceedings stopped and received permanent residency. I am so thankful for Kriezelman Burton…
The Best human being to have your back when you really need it!!! Mr Burton's professionalism and sharpness saved my family....!!!!!
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