Refugee in America

Applying for refugee status in America can be a legal option for certain people who cannot return to their country of origin because they fear persecution.

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However, this process is not automatic, and it must be filed correctly from the start. That’s why speaking first with our immigration lawyers in Los Angeles can help you understand whether you truly qualify and what evidence you need to support your case.

What is refugee status in America, and who can apply?

Refugee status in the United States is a form of protection rooted in international law, which comes from:

• The 1951 Convention Relating to the Status of Refugees; and
• The 1967 Protocol Relating to the Status of Refugees, which establish who is considered a refugee and what obligations signatory countries have.

Although the United States did not sign the 1951 Convention, it is a party to the 1967 Protocol, which incorporates the Convention’s provisions.

In compliance with that Protocol, Congress enacted the Refugee Act of 1980 (Refugee Act of 1980), which incorporated the international definition of a refugee into the U.S. immigration system and established the framework that governs today’s asylum and refugee processes.

Note: Any person who is outside their country of nationality and has a well-founded fear of persecution may seek refugee protection. Those fleeing only generalized violence or economic hardship typically do not qualify.

What are the requirements to apply for refugee status in America in 2026?

You may qualify to apply for refugee status in the United States if you meet certain requirements established by federal law and international law.

In general terms, you must show that you were persecuted, or that you have a well-founded fear of persecution, in your country of origin for at least one of the following reasons:

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

In addition, you must be physically outside your country of nationality and outside the United States at the time you apply for refugee status in America.

Keep in mind that you must submit clear evidence showing the risk is personal and that your government cannot—or will not—protect you.

What do you have to do to apply for refugee status in the United States?

Unlike asylum, refugee status in America is requested from outside the country through the U.S. Refugee Admissions Program (USRAP). Generally, the process works like this:

• Registration with UNHCR: For most people, the first step is to register with the United Nations High Commissioner for Refugees (UNHCR) in the country they fled to.
• Referral to USRAP: UNHCR, a U.S. embassy, or another designated organization must refer the case to the program. Most people cannot apply directly on their own.
• USCIS interview: A U.S. immigration officer interviews the applicant abroad to determine whether they qualify as a refugee.
• Security checks and medical exam: All applicants must pass extensive security vetting and a medical exam before approval.
• Travel and resettlement: If approved, travel to the United States is coordinated and a resettlement agency is assigned to provide initial support upon arrival.

Note: The annual admissions ceiling is set by the President of the United States at the beginning of each fiscal year. For fiscal year 2026, the Trump administration set the cap at 7,500 refugees—the lowest number in the program’s 45-year history and a sharp drop from the 125,000 slots set by the prior administration.

What are the steps to apply for refugee status in America in 2026?

Applying for refugee status in the United States involves multiple international and federal agencies. As we mentioned, refugee status is requested exclusively from outside the country, before entering the U.S. To do so, you must follow these steps:

Step 1: Register with UNHCR

The person must register with the United Nations High Commissioner for Refugees in the country they fled to. This agency will make an initial assessment of whether the person meets the international definition of a refugee.

Step 2: Wait for UNHCR’s case evaluation

UNHCR analyzes the situation and determines whether the applicant qualifies. If it finds the case meets the requirements, it may refer the person to a country for possible resettlement, including the United States.

Keep in mind that not everyone is referred, since UNHCR prioritizes the most vulnerable cases.

Step 3: Be admitted into USRAP

If the case is referred, it moves to the U.S. Refugee Admissions Program (USRAP), administered by the U.S. Department of State.

It’s important to note that not everyone enters USRAP through UNHCR, since there are three priority categories for access to the program:

• P-1 (referrals by UNHCR, embassies, or NGOs).
• P-2 (groups of special humanitarian concern).
• P-3 (family reunification).

Note: The P-4 category previously existed through the Welcome Corps program, but it was eliminated on February 26, 2025. As a result, only P-1, P-2, and P-3 are currently in effect.

Step 4: Be processed by a Resettlement Support Center (RSC)

The case is handled by an RSC, where documents, biographical information, and background details are collected to prepare the file before the interview.

To prepare your case, review the steps for an asylum interview and organize your documents in advance.

Step 5: Be interviewed by USCIS

USCIS conducts an interview and decides whether to approve, deny, or hold the refugee application pending.

If there is an adverse decision, consider options such as an immigration appeal based on deadlines and legal grounds.

Step 6: Complete the required medical exam

If the case is conditionally approved, the RSC coordinates a required medical exam and secures a sponsorship assurance from a resettlement agency in the U.S.

For more information on health and medical evaluations, review the Immigrant and Refugee Health guidelines before scheduling any type of care.

Step 7: Receive cultural orientation and coordinate travel

The International Organization for Migration (IOM) provides cultural orientation so the applicant knows what to expect in the United States and coordinates transportation to the country.

Step 8: Arrive and begin resettlement

Upon arrival, an agency provides initial support for integration. By law, after one year of continuous physical presence in the United States, the refugee has both the obligation and the right to apply for adjustment of status to get a Green Card.

Now you know what it takes to apply for refugee status in America. That said, each of these stages must be handled carefully, because a mistake or lack of documentation can seriously affect the case.

What is the current situation of the U.S. refugee program?

Currently, the refugee resettlement program has faced significant changes. For example, on January 20, 2025, President Donald Trump signed an executive order that largely suspended the program.

This measure ordered that the program could only resume after a security review. To date, the government has not announced when it will broadly operate again.

Some of the most relevant changes include:

Exception for South African Afrikaners

A limited exception was allowed for the resettlement of South African Afrikaners. The first group of 59 people arrived in May 2025, bringing the total to 138 people.

Expansion of the travel ban

Starting in January 2026, travel restrictions were expanded with total bans for 24 countries and partial bans for an additional 15 countries, directly affecting refugee applicants.

Termination of the Welcome Corps program

The private sponsorship program Welcome Corps was terminated on February 26, 2025, eliminating one of the four access categories to USRAP.

Review of already-approved cases

USCIS is reviewing cases of refugees admitted between January 2021 and February 2025, with potential re-interviews scheduled before March 15, 2026.

Active litigation

There is an active lawsuit called Pacito v. Trump, through which a court ordered the government to process approximately 12,000 refugees who were approved before January 20, 2025.

However, the administration has repeatedly failed to comply with those court orders, creating an ongoing judicial enforcement framework.

How many refugees can be admitted to the United States in 2026?

For fiscal year 2026, the refugee admissions cap was set at 7,500 people. This number represents the lowest cap in the history of the modern refugee program since the Refugee Act of 1980. Within that cap:

• Afrikaners were explicitly mentioned as the primary group included.
• Other victims of unlawful or unjust discrimination in their countries of origin were referenced, although no specific nationalities were identified.

It is worth noting that the leaders of the House and Senate Judiciary Committees stated that the determination was illegal and invalid because the administration ignored them entirely.

This landscape confirms that the number of refugees admitted depends directly on presidential decisions and can change drastically.

What benefits do refugees receive in the United States?

Upon arrival in the United States, refugees have access to a set of temporary benefits administered primarily by the Office of Refugee Resettlement (ORR). Key benefits include:

• Cash and medical assistance: Refugees may receive financial assistance and temporary medical coverage.
• Medical exam upon arrival: At the time of arrival, refugees are entitled to an ORR-funded medical exam.
• Employment services and orientation: ORR provides case management, English classes, and guidance to help refugees find work as soon as possible.

Note: Several additional benefits such as Medicaid, SNAP, and Medicare are being eliminated or progressively reduced during 2026.

To understand the initial benefits available, review Refugee Cash and Medical Assistance and verify eligibility criteria.

Where do most refugees who arrive in the United States come from?

Refugees resettled in the United States come from many parts of the world. For example, in 2024, refugee admissions reached 100,034 people—the highest level since 1995.

The top countries of origin that year were:

• Democratic Republic of the Congo.
• Afghanistan.
• Syria.
• Venezuela.
• Burma (Myanmar).

These five countries accounted for more than half of total admissions that year. However, the landscape changed dramatically in 2025, when an executive order largely suspended the program.

How long does it take to evaluate and verify a refugee’s identity?

On average, the process can take between 18 and 36 months, although the exact timeline depends on the country where the person is located, their particular circumstances, and policy changes.

Before the program was suspended, the process typically started with a UNHCR referral and ended with arrival in the U.S.

During the evaluation, the applicant typically goes through several stages, including:

• Case data collection by Resettlement Support Centers (RSCs).
• Initial review and processing under the Department of State.
• Background checks by USCIS and other federal agencies.
• In-person interview with USCIS before a decision is made.
• Medical exams to rule out communicable diseases.
• Pre-travel cultural orientation, which continues once the refugee arrives in the United States.
• Assignment of the resettlement location and the agency that will support the refugee upon arrival.
• Final airport inspection by a CBP officer to confirm identity and admission.

It’s also worth mentioning that international transportation is not free. The cost of travel is initially funded by the Department of State through an interest-free loan that the refugee in America must begin repaying six months after arriving.

If your situation includes court hearings, it helps to understand legal support in the Los Angeles Immigration Court to plan your strategy.

Frequently asked questions about applying for refugee status in America

Where are refugees resettled in the United States?

Refugees admitted to the U.S. can be resettled across most of the country. In fact, refugee communities have been established in 49 states, depending on local capacity and the agencies involved in the process.

In fiscal year 2024, the states that received the most refugees were:

• Texas;
• California; and
• New York—these three accounted for the highest number of resettlements nationwide.

The resettlement location is not chosen by the refugee, as it depends on factors such as housing availability, employment opportunities, and the presence of family or communities from the same country of origin.

Can refugees work legally in the United States?

When they arrive in the United States, refugees receive a Form I-94 that authorizes them to work from the moment they arrive.

In addition, USCIS issues an Employment Authorization Document (EAD) within 30 days after arrival so they can find employment as soon as possible. However, there are important recent changes to keep in mind:

• Reduced EAD validity: Since December 2025, the maximum validity period for refugee EADs changed from five years to 18 months, meaning it must be renewed more frequently.
• Elimination of automatic extensions: Since October 2025, refugees renewing their EAD no longer receive an automatic extension while the renewal is pending, which can cause interruptions in work authorization.

For that reason, it’s essential to track EAD expiration dates and start the renewal process with enough lead time.

Can a refugee become a U.S. citizen?

All refugees must apply for a Green Card after one year in the United States. After four years as a lawful permanent resident, they can apply for U.S. citizenship.

That said, there are currently important changes that must be considered, such as:

• Suspension of Green Card applications: All pending adjustment applications for refugees admitted between January 20, 2021, and February 20, 2025, are currently suspended.
• Re-interview process: The administration announced a plan to arrest and re-interview refugees who have been in the United States for at least one year and still have not received their Green Card.

For that reason, refugees who are already in the country should stay informed about the status of their case.

In 2026, are refugee cases that were already admitted to the U.S. being reviewed?

An internal USCIS memorandum ordered a review of more than 200,000 legally admitted refugees who entered the United States between January 20, 2021, and February 20, 2025.

The memo also ordered the suspension of all Green Card processing for refugees who entered during that period.

The memo directs USCIS to reopen and review thousands of cases of those admitted during that four-year window.

Can a refugee immigrant sponsor someone else?

A refugee immigrant can sponsor someone else, but only in a limited way. This means they may sponsor only their spouse and unmarried children under 21 so they can reunite with them.

This process is done through Form I-730, and filing is completely free. However, there are important conditions that must be met:

• The sponsor must have been admitted as a refugee within the last two years.
• The sponsor must be inside the United States at the time of filing the request.
• Only the spouse and unmarried children under 21 who did not enter together with the refugee may be sponsored.

How long does a person remain under refugee status in the United States?

Refugee status does not expire by itself. However, the law requires the refugee to apply for a Green Card after one year of being physically present in the United States and, after additional years, for citizenship.

How can our attorneys help you apply for refugee status in America?

As we’ve seen, applying for refugee status is a complex process that involves multiple agencies, strict timelines, and careful case-by-case review.

As a result, having guidance from an immigration attorney can make a significant difference in the outcome. Our professionals can help you with:

• Initial case evaluation.
• Preparing the case file.
• Representation before USCIS.
• Case follow-up.
• Responding to Requests for Evidence (RFEs).
• Reviewing cases impacted by policy changes.
• Green Card and U.S. citizenship applications.

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Don’t face this process alone. Contact us today for a consultation, and we’ll help you understand your options.