Russians Who Climbed Empire State Building Won't Leave US, Lawyer Says

Legal proceedings impose travel restrictions on defendants. Foreign nationals involved in criminal cases may be prevented from departing the country before a verdict is delivered, stated Chris Ingram, lead counsel and managing partner at a California law firm, ahead of a New York court session concerning Russians who scaled the Empire State Building.

Russian rooftoppers Angelina Nikolaeva and Ivan Birkyus (Kuznetsov), known from the Netflix documentary Skywalkers: A Love Story, bypassed security and ascended the spire of the New York skyscraper on July 1. There, they unfurled a banner promoting peace. The man on the building's antenna proposed to the woman. The pair face one administrative and three criminal charges: endangering life, property damage, and burglary. The Manhattan District Attorney's office previously informed RIA Novosti that the combined potential sentence could exceed 20 years. Further preliminary hearings are scheduled for Tuesday.

Ingram explained that individuals undergoing legal prosecution typically face movement limitations. He noted that a person facing criminal charges is often "unable to leave the country, even if they wanted to."

"When criminal proceedings are underway, an individual usually falls under the jurisdiction of the justice system. Bail conditions, passport surrender, and the obligation to appear when summoned can obstruct departure from the country," Ingram said.

The attorney clarified that deportation related to criminal acts requires a conviction, making it unlikely before a verdict. However, immigration authorities might pursue deportation on other grounds within their purview, such as overstaying a visa, violating entry terms, or working without proper authorization. In such cases, deportation could occur independently of the criminal case outcome, the lawyer added.

Ingram emphasized that he was commenting on general legal principles, not the specifics of this case. "The defendants in the New York case have not been convicted; they are presumed innocent, and I have no information about their immigration status," the lawyer stressed.

During preliminary hearings on July 2, Nikolaeva and Kuznetsov pleaded not guilty. Their defense argued that the charges against them were excessive. The couple was released from custody without bail.

The U.S. Department of Homeland Security is monitoring the case of the Russians, the agency stated to RIA Novosti in response to a question about potential deportation. According to the department, Nikolaeva and Kuznetsov legally entered the U.S. on January 8, 2026.