Immigration Law

Refugee Status

Short Answer

    Refugee status is a form of human rights protection under U.S. immigration law for individuals who cannot return to their home country due to a well-founded fear of persecution based on race, nationality, religion, political opinion, or membership in a particular social group. To be recognized as a refugee in the U.S., one must typically receive a referral for resettlement and undergo an interview, background check, and medical exam. Refugees can work in the U.S. and may apply to bring family members within certain guidelines.

People in some countries face persecution because of their race, religion, or color. Others may face threats just for speaking out against corruption or criticizing the government. If someone is at risk of harm by staying in their home country, they may be able to seek safety as a refugee in the United States.

U.S. immigration law can be complicated. This page provides general information about refugees in the U.S. If you want to know about how you can seek refugee status or asylum in the United States, talk to an experienced immigration law attorney for legal advice.

Refugee Processing Halted in the U.S. in 2025

On January 20, 2025, President Trump suspended the U.S. Refugee Admissions Program indefinitely. The suspension is currently still active. While a district court issued a preliminary injunction to block the suspension, the Ninth Circuit Court of Appeals stayed that injunction on September 12, 2025, pending a final decision on the appeal.

The U.S. Government terminated resettlement support with refugee agencies in the U.S. The Welcome Corps program was terminated in February 2025. As of October 10, 2025, litigation continues and the future of the program is unclear.

What Is a Refugee?

Refugee status is a type of human rights protection under U.S. immigration law. According to the U.S. Citizenship and Immigration Services (USCIS), a refugee is defined as someone who is outside of their country and unable or unwilling to return because of a well-founded fear of persecution based on:

  • Race
  • Nationality
  • Religion
  • Political opinion
  • Membership in a particular social group

However, refugee status is not extended to people who incited, ordered, or participated in the persecution of others based on race, religion, membership in a social or political group, or nationality.

Refugee status may be considered for individuals who have faced persecution, including involuntary sterilization surgery, abortion, or coercive population control, as part of a broader pattern of persecution.

What Are the Differences Between a Refugee and an Asylum Seeker?

One of the main differences between refugees and asylum seekers is where they start the process. A refugee starts the application process outside the U.S. However, someone can make an asylum claim at the port of entry when they arrive in the U.S.

According to available data, in recent years, the U.S. has admitted a significant number of refugees from countries such as the Democratic Republic of Congo, Afghanistan, Venezuela, and Syria.

How Can I Become a Refugee in the U.S.?

If you want to become a refugee in the U.S., you first have to get a referral for resettlement. Referrals can come from the U.S. embassy, certain non-governmental organizations (NGOs), or the United Nations High Commissioner for Refugees (UNHCR).

If you get a referral for resettlement in the U.S., the U.S. government will make the final decision to admit you as a refugee. Eligibility depends on:

  • In-person interview abroad
  • Fingerprints and background check
  • Medical exam
  • If the applicant qualifies as a refugee
  • If the applicant is admissible to the United States

Is There a Limit for Refugees?

Yes, there is an annual limit on the number of refugees admitted every year. The president, in consultation with Congress, has the power to set the annual refugee admission ceiling under the Immigration and Nationality Act (INA). For example, from 2002 to 2022, the refugee admission ceiling has ranged from 18,000 to 125,000.

Can a Refugee Bring Family to the U.S.?

Refugees who relocate to the United States can apply to bring certain family members into the U.S. Using the Form I-730 Refugee/Asylee Relative Petition, you can apply to bring your spouse and unmarried children under the age of 21 years old within two years of arrival, with some exceptions.

Can Refugees Work in the U.S.?

If you come to the U.S. as an eligible refugee, you can legally work in the U.S. Refugees can work with an I-94 with a refugee admission stamp or with an Employment Authorization Document (EAD).

Refugees present in the U.S. for at least one year must apply for lawful permanent resident status. With permanent residency, refugees can get a green card to stay and work in the country.

“Will I Get Sent Back to My Country?”

If you want to travel outside the U.S. after refugee resettlement, you have to apply for a refugee travel document. If you decide to return home to your country of origin, you may have to explain how you were able to go to your home country safely, or you could get sent back to your country of origin.

If you have any other questions about your asylum application, immigration status, or whether you qualify as a refugee, talk to an immigration attorney. An immigration lawyer who understands refugee cases can explain your rights and represent you in immigration court.

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