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Overview

Immigration to the United States based on humanitarian concerns has two components: refugee resettlement and asylum. This segment of immigration policy is covered by the Refugee Act of 1980, which incorporated into American law the international definition of a refugee contained in the 1951 United Nations Convention Relating to the Status of Refugees and its 1967 Protocol. A refugee is defined as a person outside his country of nationality who is unable or unwilling to return 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.

A refugee applies from abroad, documenting the facts and circumstances that qualify him for refugee status, and waits until his case is rejected or approved by U.S. immigration authorities. Numerical quotas set limits on how many refugees can come in a given year, and there is an ongoing debate over who should qualify. For fiscal years 2004 to 2006 the numerical ceiling remained static at 70,000 per year. On average, over 49,000 refugees were accepted a year. The top two countries of birth were Somalia and Liberia.

The second path is asylum, for which no numerical ceilings exist. Winning asylum entails gaining entry to the United States by one means or another -- legally or illegally. Upon arrival, the entrant must apply for asylum within one year, although exceptions are made. If asylum status is gained, asylees are entitled to employment assistance, a Social Security card, and social services. During fiscal years 2004 through 2006, over 26,000 asylees were accepted per year on average. The top two counties of birth were China and Colombia.

In either case, the refuge or asylee may apply for permanent residence (a "green card") after one year.

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