Asylee vs. Refugee: Application & Procedural Differences

People who have fled persecution and obtained protection in the United States are usually called either "asylees" or "refugees." Is there a difference? Yes, though there's a bit of overlap between the two statuses. That's what this article will discuss.

Asylees and Refugees Must Meet Same Basic Standards, But Apply for Immigration Status Differently

A person who successfully requests asylum while already in the United States is called an asylee. A person who requests protection via the United Nations while still in some other country (not their own, because they fled), and then is given permission to enter the U.S. as a refugee, is called a refugee. That's really the main difference between them: a procedural one.

However, both types of applicants must, in order to obtain their status, prove the same thing: that they qualify for protection under U.S. law because they meet the definition of a refugee found in Section 101(a)(42)(A) of the Immigration and Nationality Act (I.N.A.) or 8 U.S.C. § 1101(a)(42)(A). That section says:

The term "refugee" means: (A) any person who is outside any country of such person's nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion . . . .

After obtaining refugee or asylee status, the rights of asylees and refugees are similar, but not identical, as also described below.

Procedural Steps to Becoming a Refugee

To apply for refugee status, the person must in most cases get in touch with the U.N. High Commissioner for Refugees (UNHCR). For details, see How to Prepare and Submit a Refugee Application to the U.S. Note, however, that the 2025 Trump administration very nearly suspended the refugee program, per a January, 2025 executive order. Then it made an exception, facilitating entry for white South Africans (Afrikaners), per an Executive Order dated February 7, 2025. This was followed in October of 2025 by a Federal Register announcement that it would set the 2026 number of refugees admissions at 7,500, mostly to be allotted to white South Africans.

Procedural Steps to Becoming an Asylee

To apply for asylee status, a foreign national who is in the United States and, if present unlawfully, has not yet been discovered and placed in removal proceedings, can submit what's called an affirmative asylum application on Form I-589, issued by U.S. Citizenship and Immigration Services (USCIS). If already in removal proceedings in immigration court, the person can submit the application to the immigration court judge.

Although in the past, there was no fee to apply for asylum, the 2025 budget reconciliation law added one. It will cost $100 going forward to apply, with no waivers or reductions available to low-income applicants. Applicants will need to pay an additional amount for every year that application remains in processing. That amount is $100 through $2025, then goes up to $102 in 2026 (adjusted for inflation).

The least favorable alternative is to request asylum upon arrival to the United States, from the officer at the point of entry, such as a border crossing or airport. That might simply be impossible at this point. See How to Get Asylum in the U.S. for information on the application process.

Rights of Refugees in the United States

Refugees have the right to remain in the United States indefinitely (until and unless conditions in their home country return to normal). They receive a work permit (also called an employment authorization document or EAD) and various forms of government support and counseling during their first months in the United States. They can also petition to bring close family members to join them in the United States (using USCIS Form I-730).

After a year of their entry, they are expected to apply for U.S. permanent resident status (a green card). Approximately four years after that, they can apply for U.S. citizenship.

Rights of People Granted Asylum in the U.S.

People who have been granted asylum in the United States (asylees) have the right to remain in this country indefinitely, or at least until conditions in their home country return to normal. They can apply for a work permit (also called an Employment Authorization Document or EAD, which you'd apply for using USCIS Form I-765) as soon as their asylum is approved.

Some can apply for a work permit while they are still in the asylum application process, depending on timing. This is allowed only where the case took a very long time for USCIS or the court to process, for reasons not having to do with their own requests for delay.

If family members weren't already included in their application, then after its approval they (like with refugees) can petition for spouse and minor, unmarried children to get asylum too, using USCIS Form I-730.

After a year of receiving approval for asylee status, they can apply for U.S. permanent resident status (a green card). Four years after that, they can apply for U.S. citizenship. Also see Your Rights After Winning Asylum in the U.S.

Do Refugee or Asylum Applicants Need an Attorney?

Because refugees are overseas and receive a great deal of help from the United Nations, they don't usually need to hire attorneys.

Asylum seekers in the U.S., however, would do well to hire an attorney to help them evaluate the case, prepare the paperwork, help them get ready for interviews and court appearances, write legal arguments, and so on. Fortunately, there are many nonprofit charitable organizations that offer low-cost or even free services in this area.