Refugee Application to the US in New York City

If you are outside of the United States and you would like to apply to enter as a refugee, a refugee immigration lawyer in America can help you.

As far as we can see, it is impossible for Russian citizens to enter the US at this time. I think you will agree. Please note that this office does not handle immigration matters.

Refugee application process

The UNHCR will be the institution to refer your case to the US Refugee Admissions Program. You cannot choose which country the UNHCR will refer you to, but you can indicate that you do not want your application to be considered by a particular country.

To be eligible as refugee in the US, you must be:

• Located outside of the US
• Has experienced past persecution or have a well-founded fear of persecution due to race, religion, nationality, political opinion, or membership in a particular social group
• Is of special humanitarian concern to the US
• Is not firmly resettled in another country
• Is admissible to the US

Refugee vs. asylum

The biggest difference between a refugee and an asylum seeker is the location of the person. If you are in the United States or in any border of the United States, you can apply for asylum. To apply for asylum, you must be considered a refugee under US law. More on asylum immigration here.

If you are outside of the United States, considered a refugee under US law, living in another country that is not your country of citizenship, and have no way to get to a US border, your option is to apply as a refugee with the United Nations High Commissioner for Refugees (UNHCR), which is an international organization.

Who Qualifies Under the Refugee Definition

Under Section 101(a)(42) of the Immigration and Nationality Act, a refugee is a person outside their country of nationality who is unable or unwilling to return because of past persecution or a well-founded fear of future persecution on account of one of five protected grounds: race, religion, nationality, membership in a particular social group, or political opinion. The protected ground requirement is critical. General hardship, poverty, civil unrest, or even violence will not qualify a person as a refugee unless that hardship is tied to one of the five grounds.

The Five Protected Grounds in Detail

• Race. Persecution based on ethnic or racial identity, including in the context of ethnic conflict.
• Religion. Persecution because of religious belief or practice, conversion, or refusal to comply with the religious requirements of a state.
• Nationality. Persecution because of national origin or membership in a particular national or ethno-linguistic group.
• Membership in a particular social group (PSG). This is the most litigated and most flexible ground. Recognized PSGs in U.S. case law include LGBTQ+ individuals, certain victims of domestic violence, family members of persecuted persons, persons targeted for their tribal or clan identity, and others.
• Political opinion. Persecution because of actual or imputed political views, including journalism, activism, organizing, or refusal to comply with political demands.

The U.S. Refugee Admissions Program (USRAP)

The U.S. Refugee Admissions Program is a multi-agency federal program. The Department of State runs the overseas processing through Resettlement Support Centers (RSCs). U.S. Citizenship and Immigration Services (USCIS) within the Department of Homeland Security conducts the eligibility interviews and makes the actual refugee determinations. The Department of Health and Human Services administers initial resettlement assistance after arrival. Each year, the President sets the worldwide refugee admissions ceiling and the regional allocations.

Steps in the Refugee Application

The typical sequence for a refugee applicant outside the United States is:

1. Registration. Most cases enter the U.S. system through referral from the United Nations High Commissioner for Refugees (UNHCR), from a U.S. embassy, or from a designated nongovernmental organization. Some nationalities have access through the new Welcome Corps private sponsorship program. Direct application to USRAP without referral is generally not available.
2. RSC pre-screening. A Resettlement Support Center collects the application, prepares the file, and gathers biographic information from the applicant.
3. USCIS interview. A USCIS officer conducts an in-person interview to determine refugee eligibility. The interview covers the applicant's identity, the circumstances of persecution, the credibility of the claim, and admissibility to the United States.
4. Security and background checks. Federal agencies run extensive interagency security vetting, including biometric collection.
5. Medical examination. A designated panel physician conducts a medical exam covering communicable diseases, vaccinations, and certain mental health conditions.
6. Cultural orientation and travel. Approved refugees attend cultural orientation classes and are then scheduled for travel to the United States. The International Organization for Migration (IOM) typically coordinates the travel.
7. Arrival and reception. Upon arrival, refugees are met by a resettlement agency, taken to housing, and connected with employment, language, and benefits services.

Timing and Quotas

Refugee processing is slow. From referral to arrival, the process can take anywhere from one to three years or longer, depending on the country of origin, security check requirements, and annual quotas. The worldwide refugee ceiling is set each year by the President. In recent years it has ranged from 15,000 to 125,000, with allocations across geographic regions. Even an approved refugee may have to wait for travel until quota becomes available.

Refugee Versus Asylum

The biggest difference between a refugee and an asylum seeker is the location of the person at the time of application. Refugee applications are filed by persons outside the United States, processed overseas, and granted in advance of arrival. Asylum applications are filed by persons already in the United States or arriving at a U.S. port of entry. The substantive eligibility criteria — the five protected grounds and the well-founded fear standard — are essentially the same, but the procedures, timing, and available benefits differ.

Family Members

The principal refugee applicant may include their spouse and unmarried children under 21 in the application. Children must be unmarried at the time of admission. After arrival in the United States, refugees have two years from the date of admission to file a Form I-730 petition for following-to-join relatives — that is, family members who were left behind.

What an Approved Refugee Receives

An approved refugee enters the United States with employment authorization on Day One, eligibility for a Social Security number, eligibility for certain federal benefits, and the right to apply for lawful permanent resident (green card) status after one year of physical presence. Refugees are not subject to the labor certification or visa quota systems. After five years of physical presence as a refugee or lawful permanent resident, a refugee may apply for U.S. citizenship through naturalization.

Practical Realities for Russian and Other Nationalities

As the page acknowledges, applicants from certain countries face additional obstacles. The U.S. embassy in Moscow operates with significantly reduced services, and many Russian applicants must seek processing through third countries such as Georgia, Armenia, Kazakhstan, Turkey, Serbia, or other transit states. For Ukrainian nationals, the Uniting for Ukraine (U4U) parole program offers an alternative path, although it is humanitarian parole rather than refugee status. Afghan nationals have access to the P-1 and P-2 streams set up after the 2021 withdrawal. Each nationality and each conflict situation has its own evolving processing arrangements.

The Asylum Alternative

For many people who cannot wait years in a third country for refugee processing, the practical path is to obtain a visa to the United States (tourist, student, or other) or to present at a U.S. port of entry and request asylum. Asylum applicants are interviewed by USCIS Asylum Officers (affirmative asylum) or appear in Immigration Court (defensive asylum). Asylum carries similar long-term benefits as refugee status — work authorization, adjustment to permanent residence after one year, eventual citizenship — but the front end of the process is different and often faster than overseas refugee processing.

Why Documentation Matters

Whether you are pursuing refugee status overseas or asylum in the U.S., the case will live or die on credibility and documentation. A persuasive application typically includes a detailed personal declaration, identity documents, records of the events alleged, country conditions reports, expert affidavits, and letters from witnesses. Documents in a foreign language must be accompanied by certified English translations. A poorly documented case, even if true, is at risk of denial.

Withholding of Removal and Convention Against Torture

In addition to asylum and refugee status, U.S. immigration law offers two other forms of protection that may apply to people who cannot meet the strict asylum standards. Withholding of removal under INA Section 241(b)(3) requires a higher showing — more likely than not to be persecuted — but the protection does not lead to permanent residence. Protection under the Convention Against Torture requires a showing that the applicant is more likely than not to be tortured upon return. Both forms of relief are typically pursued in the alternative within an asylum case and can be the only protection available to applicants with certain criminal records or bars to asylum.

Office Disclosure

Please note that this office does not handle immigration matters directly. We can, however, refer you to immigration attorneys who specialize in refugee and asylum cases. If you would like a referral or have other related legal questions, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].