The Rights and Responsibilities of Refugees and Asylees

The United States is a country that strives to protect the rights of refugees and asylees.  A refugee is an individual from another country who seeks asylum in the United States.   Usually a refugee would travel to the United States out of the fear of persecution from their home country.  They feel that their lives may be in eminent danger at the hands of the government of their home country.  In lieu of this, the UN Refugee Agency (UNHCR) will usually refer the refugee over to the United States for resettlement.  Additionally, the United States government may work directly with members of certain organizations regarding granting refugee status.  An asylee is a former refugee - an individual from another country who was granted asylum in the United States.

What Rights do Refuges Have to Asylum?

Under the 1951 Convention Relating to the Status of Refugees, the 1967 Protocol and the United States Refugee Act of  1980, the United States recognizes any valid claim for asylum.  It is the United States attorney general who decides whether or not to grant asylum to a refugee within the United States.

There are certain rights and responsibilities that are both granted and expected for refugees and asylees:

• Refugees are eligible for a work permit (better known as an EAD) .  The work permit will need to be renewed on an annual basis.
• If asylum is granted, then the asylee may be subject to the Substantial Presence Test.  To the Internal Revenue Service an asylee will be considered a United States resident for tax purposes if he or she meets the substantial presence test.  In order to do this, the asylee should be physically present in the United States for at least 31 days during the current year or 183 days during  the thee year period.
• Once an individual has been granted either refugee or asylee status he or she will need to wait one full calendar year in order to begin the immigration process.  After one year’s time, the refugee or asylee can petition for USCIS to change his or her immigrant status to a temporary resident or permanent resident.

Getting Help

Since the United States State Department (under the charge of the U.S. Attorney General) regulates granting both refugee and asylee status, if you are a refugee you may want to contact the office of the Attorney General for assistance.  Additionally, it may prove exceedingly helpful if you contact a US immigration attorney for additional advice on your rights and responsibilities while living in the United States.