Under the applicable statute, asylees’ eligibility for the assistance programs, which are intended to help refugees acclimate to life in the U.S., commences the first month they "enter" the country and lasts for eight consecutive months in the RCA and RMA, and five years in most RSS programs.  However, unlike refugees, asylees do not receive asylum at the time they physically enter the U.S.  Individuals can obtain asylum status only by going through an application process in the United States.  Thus, under prior ORR policy, asylees could receive far less assistance than refugees, because the asylum grant occurred well into the eligibility period for RCA, RMA, and RSS.

Under the new policy, the ORR considers that asylees "enter" the U.S. as of the date they are granted asylum.  The new policy thus eliminates the disparate treatment of asylees and refugees and makes asylees eligible for benefits throughout the entire eligibility period.

The ORR has listed documents that confirm both status and date of entry for asylees. They are:

• INS Form I-94 Arrival/Departure Card noting that the individual has been admitted under section 208 of the INA

• INS Form I-94 Arrival/Departure Card with the admission codes AS-1, AS-2, or AS-3

• INS Form I-94 Arrival/Departure Card with Visa 92 (or V-92)

• Order of an Immigration Judge Granting Asylum under section 208 of the INA

• Asylum Approval Letter from an INS Asylum Office

The ORR’s new policy, which is immediately effective, affects only asylees.  Other immigrants, such as refugees, Amerasian immigrants, Cuban/Haitian entrants, and others who are also eligible for RCA, RMA, and RSS continue to be considered to have entered the U.S. as of the date of their literal entry.