In recent months, the topic of refugee rights has appeared in the news many times. There is misinformation being circulated about the legal definition of a refugee, and about the requirements they must comply with in order to be granted admission to the United States. Many are under the impression that a refugee must simply fit the requirements for any immigrant, and this is not the case. It is imperative to understand the differences, so that you apply for the status that works best for you.

What Is A Refugee?

United States immigration law defines a refugee in the same manner as the 1951 United Nations Convention & Protocol Relating to the Status of Refugees (usually referred to as the Geneva Convention). According to the convention, a refugee is someone who is “unable or unwilling to return to their country of origin owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion.” In order to apply for refugee status, a person must be outside the United States, and meet all other admission criteria – in other words, they must be able to be found admissible even if they were not a potential refugee.

These requirements, contrary to what many might think, actually make it more difficult in many respects to gain admittance to the United States. Showing a well-founded fear of persecution is quite difficult, especially when coming from countries where records are not kept or have been destroyed. In order to establish a pattern of persecution or the likely possibility of future persecution, one cannot simply testify to a few isolated occurrences or a general climate of terror; one must be able to cite specifics, with corroboration.

After Admission

The other question that many people have regarding refugee status is whether or not they receive ‘special treatment’ once they are admitted to the United States. The answer is technically yes, at least by California law, but there are practical considerations underlying each type of assistance many refugees are able to receive.

For example, if a refugee is able to obtain status in the U.S., they are then able to work, without having to apply for an Employment Authorization Document. It is reasonable to assume that the overwhelming majority of refugees had to flee their homes with very few assets, and thus, the ability to work and provide for one’s family is more integral to them than it is to many immigrants, who may arrive with assets and other comforts. Opponents of this measure argue that it means fewer jobs for Americans, but only 1 percent of refugees at any given time are eligible to resettle, and of that number, fewer even try to enter the United States.

Another example is training in English as a second language (ESL). The California Refugee Resettlement Program provides English language training to refugees, though a portion of it is financed with money from the federal Refugee Social Services program, rather than the state’s coffers. The rationale is that while many immigrants may arrive with their families or friends, refugees likely have no support network in which to learn English. English language skills are also very important in many fields, which increases employment prospects.

An Immigration Attorney Can Help

Immigration law can be quite complex, and very often, the help of a professional can make a difference between confusion and confidence.The Law Offices of Joshua L. Goldstein, P.C. is an immigration law firm with offices in Boston and Los Angeles. We have years of experience navigating difficult immigration and refugee rights cases. Contact us today for a initial consultation.