Many people are not familiar with the different immigration classifications for individuals entering this country. The term “immigrant” encompasses a wide range of people who enter the United States through different channels, both regular and irregular, and who have different immigration statuses. Congress determines which groups are eligible for benefits and services provided through the Refugee Services program. All eligible Refugee Services clients have one of the following legal immigration statuses:

Refugees:

The U.S. Refugee Act of 1980 defines a refugee as:

  • a person who is outside his or her country
  • is unwilling or unable to return to his or her home country, and
  • is able to demonstrate persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.

Refugees who come to the United States through the State Department’s Refugee resettlement program were accorded refugee status by the United Nations in another country after fleeing their country of origin. They are interviewed and approved for resettlement by the U.S. State Department and vetted by the Department of Homeland Security. Less than one percent of the world’s refugees are resettled in the United States.

Asylees:

Persons who arrive to the United States through various channels and who apply from inside the U.S. for protection from persecution in their homeland (asylum). The U.S. Refugee Act of 1980 defines an asylee as a person who is:

  • physically present in the U.S. or a port of entry
  • able to meet the definition of refugee (see above)

Cuban/Haitian Entrants:

Persons from Cuba or Haiti who have been granted special immigration status by the U.S. (most often “humanitarian parole”) that makes them eligible for refugee benefits and services.

Foreign Victims of Human Trafficking:

Non U.S. citizens/residents who, through the use of force, fraud, or coercion, have performed a commercial sex act, or have been recruited, harbored, transported, provided or obtained for labor or services for the purpose of involuntary servitude, debt bondage, or slavery. To be eligible for services, an individual 18 years of age or older must be “certified” by the U.S. Office of Refugee Resettlement (ORR) or a T-visa holder. Child victims of human trafficking do NOT need to be “certified” or be a T-visa holder, but require a letter of eligibility from ORR.