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No, asylum is not granted immediately. Applicants must apply for asylum protection. Currently, the process of applying for asylum can take 3-4 years or more. Read more

A person may apply for asylum in the United States regardless of their country of origin or their current immigration status. In order to apply for asylum protection, applicants must show they cannot return to their home country because they fear persecution there. They must prove that the harm is from the government of their home country, or, from some person or group that the government of their home country cannot protect them from. To be eligible for asylum, the persecution must also be significant, such as unlawful or political detention, torture, violation of human rights, physical violence, or some type of severe non-physical harm. Each asylum application is considered individually based on the applicant’s unique facts and circumstances. Some people are granted asylum protection while others are not. Also, asylum protection will be denied to anyone who has been involved in terrorist activities or is considered a threat to U.S. security. Read more

Refugee status is a form of protection that may be granted to people who meet the U.S. legal definition of “refugee” who are not yet inside the U.S. or at a U.S. port of entry. Refugees may either be located in their home country or in a different country (but not permanently seeking resettlement in their current country). Asylum status is a form of protection available to people who meet the U.S. legal definition of “refugee” and who are either already in the U.S. or are seeking admission at a U.S. border. Read more

Ukrainians who have already entered into another country under a permanent resettlement program, or have been offered permanent resettlement or permanent resident status in that country, are not eligible to seek entry as refugees into the U.S. Read more

Individuals cannot apply directly to the United States for refugee entry. Individuals who are designated by UNHCR as refugees in need of resettlement in the U.S. are referred to the U.S. Department of State to determine whether they can seek entry through the U.S. Refugee Admissions Program. For some categories of refugee entry, you must receive a referral directly from the U.S. Embassy located in the country where you currently reside. If you receive a referral, you will receive help filling out your application and then be interviewed abroad by a United States Citizenship and Immigration Services (USCIS) officer who will determine whether you are eligible for refugee resettlement. Each applicant will be screened to determine if they meet one of three U.S. priority designations for refugee entry: Priority One: Individuals with compelling protection needs or those for whom no other durable solution exists. Note: This priority class is rarely granted. Priority Two: Groups specifically selected by the Department of State for group referral. These include persons from certain designated countries which have been identified as having “special concern” to the United States, as well as persons belonging to certain religious groups which have traditionally been persecuted in their home countries. Currently, Ukraine is not designated as a Priority Two country.   Priority Three: The relatives (parents, spouses, or unmarried […] Read more

Maybe. Ukrainian nationals fleeing their home country because of war, persecution, or natural disaster may qualify for protection under a category determined by the United Nations High Commissioner for Refugees (UNHCR). For Ukrainians who are seeking refugee status, UNHCR conducts an initial screening in their current country of residence to determine if they qualify as a refugee under international law. Read more

Unfortunately, fleeing war is not a sufficient qualification for refugee status in the United States. It will be very difficult for individuals who cannot demonstrate past persecution or a well-founded fear of future persecution in Ukraine because of their race, religion, nationality, membership in a particular social group, or political opinion to qualify as a refugee under U.S. immigration law. But if you believe you have a legal basis to file for asylum, it will be best to speak with an immigration attorney about your specific situation. Currently, the process of applying for asylum can take 3-4 years or more. Read more

The U.S. defines “refugees” as persons who flee their home country and are unable to return because they have experienced past persecution or have a well-founded fear of future persecution due to their race, religion, nationality, membership in a particular social group, or political opinion. They must prove that the harm is from the government of their home country, or, from some person or group that the government of their home country cannot protect them from. The persecution must also be significant, such as unlawful or political detention, torture, violation of human rights, physical violence, or some type of severe non-physical harm. Read more