Refugee status is a form of protection for people who are outside the United States and cannot return to their home country because of persecution. The Law Offices of Albert Goodwin, PLLC helps families navigate the refugee process and assists relatives already in the United States who want to bring loved ones to safety. Attorney Albert Goodwin serves clients in New York City, Nassau, Suffolk, and Westchester counties, and nationwide.
The refugee process is run largely by the government and international organizations rather than by individual filings, but legal guidance still matters. Understanding how referrals work, what the standard requires, and how to bring family members together can make a real difference for people in difficult circumstances.
The key difference is where the person is when they apply. A refugee applies from outside the United States, usually from a country of first refuge after fleeing home. An asylee applies from inside the United States or at a port of entry. The underlying fear of persecution is the same, but the procedures are different. If you are already in the United States, you should look at our asylum lawyer page instead, because the refugee program is not available to people who have already arrived here.
To be considered a refugee, you must show that you are unable or unwilling to return to your country because of past persecution or a well–founded fear of future persecution. The persecution must be on account of race, religion, nationality, political opinion, or membership in a particular social group. The government in your country must be the source of the harm or be unable or unwilling to protect you. This is the same five–ground standard that applies to asylum.
Access to the United States Refugee Admissions Program, or USRAP, generally begins with a referral rather than a direct application. The most common path is a referral from the United Nations High Commissioner for Refugees, which identifies and refers people in need of resettlement. Referrals can also come from a United States embassy or from designated nongovernmental organizations that work with refugee populations. Certain people may have access through specific programs, including family reunification categories that allow relatives in the United States to begin the process for close family members abroad.
Once a case enters the program, the applicant is interviewed by a USCIS officer who travels to the region. The officer evaluates the persecution claim, tests credibility, and decides whether the person meets the refugee definition. Preparation for this interview is just as important as it is in an asylum case.
Refugees undergo extensive vetting before they are allowed to travel. This includes biographic and biometric security checks against multiple government databases, in–person interviews, and a required medical examination. The screening is thorough and can take a long time, often years. Patience and accurate, consistent information throughout the process help avoid delays and denials.
Approved refugees receive assistance with travel arrangements and are admitted to the United States in refugee status. A resettlement agency typically helps with initial housing, basic needs, and orientation during the first weeks after arrival. Unlike many visa categories, a refugee enters already holding protected status rather than waiting for a decision after arrival.
Refugees are authorized to work in the United States as soon as they arrive. This allows new arrivals to begin supporting themselves and their families promptly. Establishing employment early also helps with the transition to permanent residence and eventual citizenship.
One year after admission as a refugee, you are required to apply to adjust your status to that of a lawful permanent resident. Refugees do not have to wait for a visa number, which makes this a relatively direct route to a green card for those who qualify. Our green card lawyer can prepare the adjustment application and address any issues that arise during the process.
A refugee who was admitted to the United States may petition to bring a spouse and unmarried children under twenty–one who were left behind. This following–to–join process must generally be started within a set period after the principal refugee’s admission, so families should not delay. Keeping families together is one of the most important parts of the refugee system, and careful attention to deadlines protects that goal.
Attorney Albert Goodwin advises refugees and their relatives in the United States on referrals, family reunification, preparation for interviews, and the later steps of work authorization and adjustment to permanent residence. We help families understand a complex process and move through it with confidence.
Call us at 212-233-1233 or email email@immigrationlawofficeny.com to speak with a New York refugee application lawyer about your family’s situation.