The United States Refugee Admissions Program (USRAP) Consultation & Worldwide Processing Priorities

Every year, immigration law requires that Executive Branch officials:

·         review the refugee situation or emergency refugee situation.

·         project the extent of possible participation of the United States in resettling refugees.

·         discuss the reasons for believing that the proposed admission of refugees is justified by humanitarian concerns, grave humanitarian concerns or is otherwise in the national interest.

Following consultations (discussions) with cabinet representatives and Congress, a determination is drafted for signature by the President. The Presidential Determination establishes the overall admissions levels and regional allocations of all refugees for the upcoming fiscal year.

No refugees may be admitted in the new fiscal year until the Presidential Determination has been signed. 

Annually, processing priorities are established to determine which of the world’s refugees are of special humanitarian concern to the United States. Fulfilling a processing priority enables a refugee applicant the opportunity to interview with a USCIS officer, but does not guarantee acceptance.

Process Priorities
The priorities currently in use are:

·         Priority 1: Cases that are identified and referred to the program by the United Nations High Commissioner for Refugees (UNHCR), a United States Embassy, or a designated non-governmental organization (NGO). 

·         Priority 2: Groups of special humanitarian concern identified by the U.S. refugee program.

·         Priority 3: Family reunification cases (spouses, unmarried children under 21, and parents of persons lawfully admitted to the United States as refugees or asylees or permanent residents (green card holders) or U.S. citizens who previously had refugee or asylum status).

Refugees must generally be outside their country of origin, but we can process some individuals in their home countries if authorized by the President.

United States Refugee Admissions Program (USRAP) Partners & their Roles
The USRAP is an interagency effort involving a number of governmental and non-governmental partners both overseas and in the United States.

The following agencies are involved in this effort:

·         Department of State/Population, Refugees and Migration (PRM) – PRM has overall USRAP management responsibility overseas and has lead in proposing admissions ceilings and processing priorities. 

·         United Nations High Commissioner for Refugees (UNHCR) – UNHCR refers cases to the USRAP for resettlement and provides important information with regard to the worldwide refugee situation.

·         Resettlement Support Centers (RSC), previously referred to as Overseas Processing Entities (OPE) – Under cooperative agreement with the Department of State, RSCs consist of international organizations or non-governmental organizations that carry out administrative and processing functions, such as file preparation and storage, data collection and out-processing activities.

·         Department of Homeland Security (DHS) – Within DHS, U.S. Citizenship and Immigration Services (USCIS) has responsibility for adjudicating applications for refugee status and reviewing case decisions; the Bureau of Customs and Border Protection (CBP) screens arriving refugees for admission at the port of entry.

·         Department of Health and Human Services/Office of Refugee Resettlement (ORR) – ORR administers domestic resettlement benefits for arriving refugees.

·         International Organization for Migration (IOM) – Department of State contractors serve primarily as the travel agent for the USRAP and the OPE in certain locations.

·         Non-Governmental Organizations – Provide resettlement assistance and services to arriving refugees.

Refugees in the U.S.

Under United States law, a refugee is someone who:

·         Is located outside of the United States

·         Is of special humanitarian concern to the United States

·         Demonstrates that they were persecuted or fear persecution due to race, religion, nationality, political opinion, or membership in a particular social group
Is not firmly resettled in another country

·         Is admissible to the United States

A refugee does not include anyone who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion.

For the legal definition of refugee, see section 101(a)(42) of the Immigration and Nationality Act (INA).

The Refugee Process

You must receive a referral to the U.S. Refugee Admissions Program (USRAP) for consideration as a refugee.

If you receive a referral, you will receive help filling out your application and then be interviewed abroad by a USCIS officer who will determine whether you are eligible for refugee resettlement.

Your case may include your spouse, child (unmarried and under 21 years of age), and in some limited circumstances, other family members. If your case is referred to the USRAP, you will receive help filling out your paperwork. You will be interviewed abroad by a USCIS officer who will determine whether you are a refugee.

There is no fee to apply for refugee status. The information you provide will not be shared with your home country.

Coming to the United States

If you are approved as a refugee, you will receive a medical exam, a cultural orientation, help with your travel plans, and a loan for your travel to the United States. After you arrive, you will be eligible for medical and cash assistance.

Bringing Your Family to the United States

If you are a refugee in the United States and want your family members who are abroad to join you, you may file Form I-730, Refugee/Asylee Relative Petition, for your spouse and unmarried children under 21. You must file within two years of your arrival to the United States unless there are humanitarian reasons to excuse this deadline.

You may also be eligible to file an Affidavit of Relationship for your spouse, child (unmarried, under 21), or parents. The Affidavit of Relationship is the form used to reunite refugees and asylees with close relatives who are determined to be refugees but are outside the United States. The Affidavit of Relationship records information about family relationships and must be completed in order to begin the application process for relatives who may be eligible to enter the United States as refugees through the U.S. Refugee Admissions Program.

Working in the United States

As a refugee, you may work immediately upon arrival to the United States. When you are admitted to the United States you will receive a Form I-94 containing a refugee admission stamp. Additionally, a Form I-765, Application for Employment Authorization, will be filed for you in order for you to receive an Employment Authorization Document (EAD). While you are waiting for your EAD, you can present your Form I-94, Arrival-Departure Record, to your employer as proof of your permission to work in the United States.

Filing for a Permanent Residency (Green Card)

If you are admitted as a refugee, you must apply for a green card one year after coming to the United States. To apply for permanent residency, file the Form I-485, Application to Register Permanent Residence or to Adjust Status. There is no fee for refugees to file the Form I-485. In addition, refugees do not have to pay for fingerprinting/biometrics fees.

Traveling Abroad

If you have refugee status and want to travel outside the United States, you will need to obtain a Refugee Travel Document in order to return to the United States. If you do not obtain a Refugee Travel Document in advance of departure, you may be unable to re-enter the United States. If you return to the country from which you fled, you will have to explain how you were able to return safely.

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.