They are not lawful refugees until they are granted refugee status. When they try to illegally sneak over the border, they are not lawful refugees.
Refugee Status
U.S. Citizenship and Immigration Services (USCIS) define a refugee as someone who is outside of his or her homeland, and has been persecuted in his or her homeland or has a well-founded fear of persecution there on account of race, religion, nationality, membership in a particular social group, or political opinion. Political asylum is for someone already in the United States, and protects an individual from removal to a country of feared persecution.
To qualify for refugee status in the United States, you must meet the definition of a refugee, plus:
- You must be referred by the The UN Refugee Agency (UNHCR) or the U.S. Embassy, or you must be a member of a specified group with special characteristics in certain countries.
- You must not be firmly resettled in another country. This is defined by whether or not you have been offered resident status or citizenship in that country.
- You must not be an immediate relative of a U.S. citizen or a special immigrant. In this case, you need to apply for an immigrant visa instead.
- You must be living outside of the United States. If you are already in the U.S., you may be eligible to apply for asylum (see below). |
