Guide to Immigrant Types

It’s important to know how the government defines you when attempting to come to the United States. These definitions can impact your rights, benefits, and immigration pathway. Because the terms differ between a migrant vs. an immigrant, or an asylee vs. a refugee, it’s key to stay informed.

This guide will help you understand what defines a migrant, immigrant, nonimmigrant, asylee, and refugee as defined by the Department of Homeland Security (DHS).

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Migrant vs. Immigrant

The term “migrant” is an umbrella term for people who move across the border, regardless of their reason or length of stay.

Migrant:

The Department of Homeland Security defines a migrant as someone who leaves their country or origin to seek temporary or permanent residence in another country.

• Ex: A student leaving their home country to attend a university in the U.S. is an example of a migrant.

 Immigrant

An immigrant is defined as any person lawfully in the U.S. who is not a U.S. citizen, U.S. national, or person admitted under a non-immigrant category. This category is defined by the Immigration and Nationality Act section 101 (a)(15).

• Immigrants are usually those who hold immigrant visas (green cards) and intend to live permanently in the U.S.

What Are the Four Main Immigrant Categories?

If you become a lawful permanent resident (LPR), it will be through one of these four categories:

1. Family-Based Green Cards:  Spouses, children, parents, and siblings
2. Employment-Based Green Cards: Priority workers, Advanced-degree workers, skilled workers, investors, and special workers
3. Diversity-Based Green Cards: Winners of the Diversity Visa Lottery
4. Humanitarian-Based Green Cards: Asylees and Refugees

Each of these categories has its own procedures, processing times, and rules.

It’s best to seek the assistance of an immigration attorney for help going through the green card process.

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Refugee vs. Asylee

Both asylees and refugees fall under the humanitarian-based green card immigration category and are eligible to become green card holders after one year. Both groups must prove they are fleeing persecution for the same reasons (race, religion, nationality, etc.), but the application process varies depending on location:

Asylee

An asylee is a person granted asylum under section 208 of the Immigration and Nationality Act (INA). Asylum is a form of protection provided to individuals physically present in the U.S. who meet the definition of refugee under Immigration and Nationality (INA) section 101 (a)(42) and are not otherwise barred from applying for or receiving asylum.

Refugee

A refugee is a status granted to an individual who is outside the U.S. seeking refugee status. It is available to those fleeing persecution or has a well-founded fear of persecution in their own country because of race, religion, nationality, membership in a particular social group, or political opinion.

You must receive a referral to the U.S. Refugee Admissions Program for consideration as a refugee.

People with no nationality must generally be outside their country of last habitual residence to qualify as a refugee.

Key difference:

• Refugee: Applies for protection from outside the U.S.
• Asylee: Applies within the U.S. or at a port of entry

Both refugees and asylees are afforded similar rights once they are in the U.S., and the ability to adjust to green card holders.

However, there are differences when they are both outside the U.S.

Federal Benefits

Refugees are eligible for medical and financial assistance, including:

• Travel loan and advice
• Medical exam
• Cultural orientation support

Asylum seekers are eligible to:

• Work (Eligible for career center services)
• Get a Social Security card
• Legal Assistance
• Emergency Medicaid
• English language training

Both refugees and asylees can apply for a green card after one year of being granted refugee or asylum.

Work Permits

Both refugees and asylees can receive work permits.

• Refugees typically receive work permits within the first few months of being in the U.S.
• Aylees may wait longer, since they are applying for that status while in the U.S., and they have to wait for DHS to approve their asylum application.
• However, if there are delays outside the applicant’s control, the asylee can get a work permit while still waiting for approval.

Green Card and Citizenship

Both refugees and asylees can:

• Apply for a green card after one year
• Apply for U.S. citizenship after five years of permanent residence

Nonimmigrants

Nonimmigrants are migrants who come to the U.S. for a specific purpose and do not initially plan to stay permanently.

DHS defines nonimmigrant visas as:

• Any person in the U.S. not a U.S. citizen or U.S. national and is admitted temporarily to the U.S. for a specific purpose under a nonimmigrant category as defined by the INA section 101 (a)(15)

There are 5 categories of non-immigrant visas:

1. Work: H1-B, I-1, L-1, O-1, E-1 and E-2, R, TN visas
2. Education: F-1 and M-1 visas
3. Cultural Exchange: J-1, P-1, Q-1
4. Diplomatic: A-1 and G-1 visa
5. Visitor: B and C visas

While nonimmigrants may start out not intending to live permanently, it doesn’t mean it has to stay that way. There are plenty of routes where non-immigrants can get green cards and stay in the U.S. permanently. Below are just six routes out of many to go from non-immigrants to green card holders:

1. H-1B Visa to Green Card
2. TN Visa to Green Card
3. L-1A to Green Card
4. L-1B Visa to Green Card
5. E-2 Visa to Green Card
6. J-1 Visa Waiver to Green Card

Whether you are a migrant, immigrant, refugee, asylee or nonimmigrant, understanding your category is the first step toward building a future in the U.S.