Refugee or Asylum-Seeker in the U.S.: What's the Difference?

To be granted asylum, applicants must meet three requirements laid out by the U.N. Convention on Refugees in 1951 and adopted by the United States.

Applicants must prove:

·  They have a reasonable fear of persecution in their home country. Reasonable fear is defined by the United Nations as at least a 10% chance of persecution.

·  They must fear persecution on one of the five grounds.

·  They must prove the government of their home country is either involved in the persecution or unable to control it.

Are Those at the U.S.-Mexico Border Refugees or Asylum-Seekers?
They are asylum-seekers. According to immigration lawyers, migrants are legally allowed to walk to a port of entry and ask for asylum from a U.S. immigration officer. But currently, to manage the flow of migrants at the border, the U.S. government requires migrant to use the CBP One app to register and schedule arrivals at official U.S. points of entry.

Migrants arriving at the border are processed under Title 8, the U.S. law governing immigration. That law allows migrants to seek asylum or other forms of relief within the United States if they have a legitimate fear of persecution in their home country.

Those who cross the border outside of official entry points without authorization will be apprehended. They will either be swiftly removed from the United States or go through a lengthy deportation proceeding overseen by an immigration judge. The latter typically applies to families, while single adults will generally undergo the fast removal process unless they can establish a credible fear of returning to their countries.

Can the Government Deny Asylum Cases?
Yes. The government can deny asylum by finding that an applicant failed to meet one of the requirements, by finding that conditions in their country have significantly changed since the application was made, or by finding the applicant could live safely in another part of their own country.

It is incumbent upon the asylum-seeker to show that their persecution derives from membership in one of the five categories and that the persecution or threats come from the government or forces the government can’t control.

What Issues Can Cause an Asylum Claim to be Rescinded?
Waiting more than one year after entry to the U.S. before filing an application for asylum, having been involved in persecution of another group of people, committing a serious crime, or being a threat to U.S. security can derail an asylum claim.

Aline Barros is an immigration reporter for VOA’s News Center in Washington, D.C.  This article is published courtesy of the Voice of America (VOA).