When planning to come to the United States, it’s essential to understand how the government defines your immigration status. The difference between being a migrant, immigrant, refugee, asylee, or nonimmigrant can directly impact your rights, eligibility for benefits, and the immigration process you must follow.
This comprehensive guide from Green Card Link explains how the U.S. Department of Homeland Security (DHS) defines these categories—and how our immigration attorneys at Green Card Link can help you determine which one applies to your situation.
Migrant vs. Immigrant
A migrant is a broad term referring to anyone who moves across borders—temporarily or permanently—regardless of their reason for relocation.
DHS Definition: A migrant is a person who leaves their country of origin to seek temporary or permanent residence in another country.
Example: A student who moves from their home country to attend a U.S. university is considered a migrant.
An immigrant, on the other hand, is someone who enters and resides lawfully in the United States with the intent to live permanently. According to Section 101(a)(15) of the Immigration and Nationality Act (INA), an immigrant is any person who is not a U.S. citizen or national and is admitted under an immigrant visa category—commonly known as a Green Card.
Main Immigrant Visa Categories
If you are seeking lawful permanent residency (LPR) in the U.S., you typically qualify under one of four main immigrant categories:
- Family-Based Green Cards – For spouses, children, parents, and siblings of U.S. citizens or lawful permanent residents.
- Employment-Based Green Cards – For priority workers, professionals with advanced degrees, skilled workers, investors, and special immigrants.
- Diversity Visa Green Cards – For individuals selected through the Diversity Visa Lottery Program.
- Humanitarian-Based Green Cards – For refugees, asylees, and other individuals in need of protection.
Each path has distinct requirements, timelines, and documentation needs. To ensure the best possible outcome, consult with an immigration attorney at Green Card Link for guidance on the right process for your case.
Refugee vs. Asylee: What’s the Difference?
Both refugees and asylees fall under humanitarian immigration categories and may apply for permanent residency (Green Card) one year after being granted status. However, the main difference lies in where and how they apply for protection:
- Refugees apply for protection outside the United States.
- Asylees apply for protection within the U.S. or at a port of entry.
Asylee Definition
An asylee is an individual granted asylum under Section 208 of the INA. Asylum is extended to those physically present in the United States who qualify as refugees and are not barred from seeking asylum.
Refugee Definition
A refugee is someone outside the U.S. who has been referred to the U.S. Refugee Admissions Program (USRAP) and can demonstrate a well-founded fear of persecution due to race, religion, nationality, membership in a particular social group, or political opinion. Stateless individuals must generally be outside their country of last habitual residence to qualify.
Rights and Benefits for Refugees and Asylees
Once admitted or granted asylum, both groups are eligible for important federal benefits, including:
For Refugees
- Assistance with travel and relocation
- Medical examinations and healthcare coverage
- Cultural orientation and integration programs
For Asylees
- Employment authorization and career services
- Eligibility for a Social Security card
- Access to legal assistance and emergency Medicaid
- English language education and integration support
Both refugees and asylees can apply for a Green Card after one year and may seek U.S. citizenship after five years as lawful permanent residents.
Work Authorization
Refugees typically receive a work permit within their first few months in the U.S., while asylees may need to wait until their asylum application is approved by DHS. However, if delays occur beyond their control, asylees can still obtain work authorization while awaiting a decision.
Nonimmigrants: Temporary Visitors to the U.S.
Nonimmigrants are individuals who enter the United States temporarily for a specific purpose—such as work, study, or tourism—without the intent to stay permanently.
DHS Definition: A nonimmigrant is any person who is not a U.S. citizen or national and is admitted temporarily under a specific nonimmigrant visa category as defined by INA Section 101(a)(15).
Common Nonimmigrant Visa Categories
- Work Visas: H-1B, L-1, O-1, E-1/E-2, R, and TN
- Student Visas: F-1 and M-1
- Cultural Exchange Visas: J-1, P-1, Q-1
- Diplomatic Visas: A-1 and G-1
- Visitor Visas: B-1/B-2 and C visas
Even though nonimmigrants are admitted temporarily, many later qualify for permanent residency. Common visa-to-green-card transitions include:
- H-1B to Green Card
- TN to Green Card
- L-1A or L-1B to Green Card
- E-2 to Green Card
- J-1 Waiver to Green Card
Taking the First Step: Get Help from Green Card Link
Understanding whether you qualify as a migrant, immigrant, nonimmigrant, refugee, or asylee is the foundation of your immigration journey. Because these distinctions affect your eligibility for U.S. benefits and residency, it’s crucial to consult with experienced professionals.
At Green Card Link, our immigration attorneys are dedicated to helping clients navigate every step of the immigration process—from initial visa applications to permanent residency and U.S. citizenship.
Schedule a consultation today to discuss your immigration goals and start your path toward a secure future in the United States.