The Difference Between an Asylee and a UN Refugee: What You Need to Know
When people flee their home countries due to war, persecution, or danger, they may find safety in the United States through two main pathways: asylum or refugee resettlement. These terms are often used interchangeably, but in U.S. immigration law they have distinct meanings, processes, and rights. Understanding the difference between an asyleeand a refugee is important if you are considering applying for protection, helping a loved one, or planning the next step toward a green card.
What Is a Refugee?
A refugee is someone who applies for protection from outside the United States through the United Nations High Commissioner for Refugees (UNHCR), U.S. embassies, or designated agencies.
Key points about refugees:
Application Location: Refugees are identified and screened before entering the U.S.
Referral Process: Most are referred by the UNHCR or U.S. refugee resettlement programs.
Security & Medical Screening: Refugees undergo multiple interviews, background checks, and health screenings before travel.
Entry to the U.S.: Refugees enter as part of the U.S. Refugee Admissions Program (USRAP).
Status: Once admitted, they hold refugee status.
What Is an Asylee?
An asylee is someone who applies for protection from inside the United States or at a U.S. port of entry.
Key points about asylees:
Application Location: Asylum seekers are already in the U.S. (or at the border) when they apply.
Process: They file Form I-589, Application for Asylum, either affirmatively through U.S. Citizenship and Immigration Services (USCIS) or defensively in immigration court.
Eligibility Standard: The legal definition of a “refugee” under U.S. law applies to asylees as well—they must prove a well-founded fear of persecution due to race, religion, nationality, political opinion, or membership in a particular social group.
Status: If approved, they are granted asylee status.
Similarities Between Refugees and Asylees
Both must meet the same legal definition of a refugee under U.S. law.
Both can apply for a green card (adjustment of status) after one year of living in the U.S. as an asylee or refugee.
Both can petition to bring immediate family members (spouses and children under 21) to the U.S.
Both receive work authorization and access to certain resettlement benefits.
Key Differences at a Glance
CategoryRefugee (UN Referred)Asylee (Applied in U.S.)Where You ApplyOutside the U.S.Inside the U.S. or at a borderReferralUNHCR, U.S. embassies, or NGOsIndividual files Form I-589ScreeningExtensive vetting before entryScreening/interviews after arrivalStatus GrantedRefugee status upon arrivalAsylee status after approval in U.S.Path to Green CardApply after 1 year in the U.S.Apply after 1 year in the U.S.
Why the Distinction Matters
The main difference comes down to where the person applies and how they are screened. Refugees are processed abroad and then resettled in the U.S. with refugee status from day one. Asylees are people who make it to U.S. soil first and then seek protection through the asylum process.
Both pathways offer safety and a path to permanent residency, but the procedures, agencies involved, and timelines vary. Knowing which category applies to your situation will guide your next steps—whether that is applying for asylum with USCIS, working with the UNHCR abroad, or preparing for adjustment of status.
Next Steps: Green Card Eligibility
If you already have asylee or refugee status in the U.S., you may be eligible to apply for a green card (Form I-485) after one year. This step grants permanent residency and moves you closer to U.S. citizenship.
For personalized legal guidance, you can schedule a free consultation at New Horizons Legal. Our team helps asylees and refugees understand eligibility, prepare applications, and secure their future.
Contact:
Email: info@newhorizonslegal.com
Phone/Text: 918-221-9438
