Refugee Definition

In the United States, the term refugee is defined under the Immigrant and Nationality Act (INA), codified in the Code of Federal Regulations, 8 CFR 208. The definition, in line with the UN Convention Relating to the Status of Refugees, identities a refugee as a person who has fled his country of origin because of past persecution or a well-founded fear of persecution based upon race, religion, nationality, political opinion, or membership in a particular social group. If a person meeting this definition is not located in the U.S., he may qualify for the U.S. Refuge Program, provided that he meets the admissibility criteria. If such a person is located in the U.S. he may be eligible to apply for asylum under the U.S. Asylum Program; such a person would legally be considered an asylum seeker, not a refugee. In the U.S., refugee applications and asylum requests are handled through the U.S. Citizenship and Immigration Services (USCIS). The United Nations High Commissioner for Refugees (UNHCR) has a wider mandate in protecting displaced persons than the USCIS enjoys. For this reason, some individuals may fall under the UN protections for refugees but fall short of U.S. eligibility.

Fast Facts

  • While a person my meet the definition of refugee he may be ineligible for resettlement in the U.S. due to one of the many inaccessibility criteria.
  • For parents with unmarried children under the age of 21 who are able to appear at the day of the parents' refugee interview, the children's status is automatically derived from that granted to the parents.
  • For the 2005 fiscal year, the USCIS quota for the total number of refugees resettled to the U.S. was 70,000.

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