What is refugee status?

Jennifer Paulino, New York managing attorney | Marble Law

New York & immigration managing attorney at Marble Law

Published May 15, 2025 · 3 min read

Key Takeaways

Refugee status is for people fleeing their home country due to persecution based on race, religion, nationality, social group, or political opinion.
Applicants must prove a well-founded fear of persecution and that their government can't or won’t protect them.
The process involves multiple steps: UN registration, interviews, documentation, background checks, and medical exams.
Legal help is often essential in building a strong claim and preparing for the screening process.

How is refugee status determined?

Refugee status is granted to people who can prove they’ve been persecuted or have a serious risk of being persecuted in their home country. The decision is made after a multi-step review that checks whether your claim meets the legal refugee definition under both U.S. and international law.

To qualify, you must:

Demonstrate well-founded persecution fear: Show specific evidence of past harm or a real threat of future harm based on your identity, beliefs, or social group.
Establish protected category membership: Prove that your persecution is based on one of five grounds: race, religion, nationality, political opinion, or membership in a particular social group.
Prove home country danger: Show that your home government is responsible for, tolerant of, or unable to prevent the persecution.
Complete the credible interview process: Participate in a detailed interview with an asylum or refugee officer to explain your story and provide supporting details.

Who can get refugee status in the United States?

Refugee status is available for people whose lives are in danger because of who they are or what they believe. Common qualifying situations include:

Victims of religious persecution: If you're targeted for your religious beliefs, practices, or affiliations.
Members of targeted ethnicities: If your race or ethnic background makes you a target in your home country.
Political opinion persecution targets: If you’ve spoken out against your government or are suspected of opposing it.
Specific social group members: If you belong to a group that shares an identity or characteristic that can't be changed (like gender, sexual orientation, or tribal affiliation) and you’re persecuted for it.

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Steps for getting refugee status

Getting refugee status involves several formal stages. Most applicants begin outside the U.S. and are referred through the United Nations or another authorized body:

Register with the UNHCR office: Start by registering with the UN Refugee Agency (UNHCR) in the country where you’re seeking asylum.
Complete initial screening process: The U.S. Refugee Admissions Program reviews your case and determines basic eligibility for resettlement.
Attend in-depth eligibility interview: U.S. immigration officials conduct a detailed interview to assess your credibility and eligibility.
Submit supporting documentation package: Include personal ID, medical records, letters from witnesses, news reports, and evidence of past harm or risk.
Pass security background checks: Multiple agencies conduct thorough vetting for safety and national security concerns.
Complete medical examination requirement: A health screening is required to finalize approval and help plan for resettlement needs.

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Why you should consider a lawyer for your refugee case

Applying for refugee status is one of the most complex areas of immigration law. You’ll need to prove your life is at risk and that you meet strict legal definitions—often while dealing with trauma and limited resources. An immigration lawyer can make all the difference.

Attorneys with Marble Law can help you build a strong case with supporting evidence, prepare for detailed interviews, and handle every step of the legal process. Whether you're just starting your refugee application or responding to a request for more evidence, we’ll support you with guidance tailored to your situation.