Asylum and Refugee Law

Asylum and Refugee Law

The United States provides protection to individuals fleeing persecution through two programs: the refugee program (for people outside the U.S.) and asylum (for people already in the U.S. or at a port of entry).

Who Qualifies

To qualify for refugee status or asylum, an applicant must demonstrate a well-founded fear of persecution based on one of five protected grounds:

The persecution must be carried out by the government or by a group the government is unable or unwilling to control.

Refugee Admissions

The U.S. Refugee Admissions Program (USRAP) processes refugees abroad:

1. Referral by UNHCR, a U.S. embassy, or a designated NGO

2. Prescreening and interview by USCIS officers

3. Extensive background checks and security vetting

4. Cultural orientation and travel arrangements

5. Resettlement in the U.S. with assistance from resettlement agencies

The President sets an annual refugee admissions ceiling in consultation with Congress.

Asylum Process

There are two paths to asylum:

If the asylum officer does not grant affirmative asylum, the case is referred to immigration court for de novo review.

Rights of Asylees and Refugees

Once granted protection, asylees and refugees may:

Withholding of Removal and CAT Protection

Applicants who do not meet the asylum standard may qualify for: