Iraqi Refugee Processing Fact Sheet: Part II

Determining Eligibility for Refugees

Eligibility for refugee status is decided on a case-by-case basis. A USCIS officer conducts a personal interview of the applicant designed to elicit information about the applicant's admissibility and claim for refugee status. During the interview, the officer confirms the basic biographical data of the applicant; verifies that the applicant was properly given access to the USRAP; determines whether the applicant has suffered past persecution or has a well-founded fear of future persecution on the basis of race, religion, nationality, membership in a particular social group, or political opinion in his or her home country; determines whether the applicant is admissible to the United States and whether he or she has been firmly resettled in another country; and assesses the credibility of the applicant.

Ensuring Security 

In May 2007, DHS announced and implemented an Administration-coordinated, enhanced background and security check process for Iraqi refugees applying for resettlement in the United States. The security check regime, including both biographic and biometric checks, has been enhanced periodically over the last several years as new opportunities and interagency partnerships with the law enforcement and intelligence communities have been identified. The latest enhancement to the refugee security check regime involves a new “pre-departure” check shortly before refugees are scheduled to travel to the U.S. It is intended to identify whether any new derogatory information exists since the initial checks were conducted. These pre-departure checks went into effect in late 2010. No case is finally approved until results from all security checks have been received and analyzed.

Procedures for Iraqi Citizens Currently in the U.S.

Iraqis currently in the United States, who are not able to return to Iraq because they have been persecuted or fear that they will be persecuted on account of their race, religion, nationality, membership in a particular social group, or political opinion, may apply for asylum with USCIS.

Procedures for Iraqi Citizens Living Outside of Iraq

Refugees and asylum seekers should seek to comply with all legal requirements of the country in which they are located, including registration with host governments if required. In addition, all Iraqi asylum seekers located in third countries should register with the nearest UNHCR office.

UNHCR has the international mandate to provide protection and assistance to refugees and may be able to provide a protection document and possibly other assistance if needed. For a small number of extremely vulnerable individuals, this could include referral to the USRAP or another country's resettlement program. UNHCR will identify individuals for resettlement referral based on an assessment of their vulnerability at the time of registration.

In Jordan and Egypt, direct access to the USRAP is available to direct-hire employees of the U.S. Mission in Iraq and other Iraqis who worked for the U.S. government or U.S. government contractors, or for U.S.-based media organizations or NGOs and their family members. Any Iraqi, who has fled to Jordan or Egypt because of his/her association with the U.S., is encouraged to contact the International Organization for Migration (IOM) to receive guidance. IOM can be reached at IC@iom.int.

Procedures for Iraqi Citizens Currently in Iraq

In Iraq, direct access to the USRAP is available to direct-hire employees of the U.S. Mission in Iraq and other Iraqis who worked for the U.S. government or U.S. government contractors, or for U.S.-based media organizations or NGOs, and their family members. Any Iraqi, who believes he/she is at risk or has experienced serious harm as a result of association with the U.S., is encouraged to contact the International Organization for Migration (IOM) to receive guidance. IOM can be reached in Iraq at IC@iom.int.

Special Immigrant Visas for Iraqis

Iraqi nationals who supported the U.S. armed forces or Chief of Mission authority as translators or interpreters, or Iraqi nationals who were or are employed by or on behalf of the U.S. government in Iraq on or after March 20, 2003, for a period of at least one year may be eligible for Special Immigrant Visa (SIV) processing. The SIV program is separate and distinct from the USRAP. However, certain Iraqi SIV recipients are eligible for the same resettlement assistance, entitlement programs, and other benefits as refugees admitted under the refugee program.