Alex Meyerovich - Immigration Lawyer - AILA link

Attorney Alex Meyerovich is a member of the American Immigration Lawyers Association. For more information please visit the official AILA link

http://www.ailalawyer.com/AttorneyDetail.aspx?PersonId=21211&AddressId=59623&LanguageId=english&Lang=99&miles=100&lastname=meyerovich&criteriaid=1822356

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.

Employment Authorization Cards and Citizenship Certificates Now More Fraud-Proof

U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas announced the launch of an enhanced Employment Authorization Document (EAD) and a redesigned Certificate of Citizenship (Form N-560) with new features to strengthen security and deter fraud on October 25, 2011.

As part of USCIS’s ongoing efforts to enhance the integrity of the immigration system, the state-of-the-art technology incorporated into the new documents will deter counterfeiting, obstruct tampering, and facilitate quick and accurate authentication. USCIS began issuing the new EADs today and will begin using the redesigned certificates on October 30. The agency anticipates that more than 1 million people will receive the new documents over the next year.

"These enhanced documents are more secure than ever," said Director Mayorkas. "They advance our efforts to safeguard against fraud and protect the integrity of the immigration system."

The new features of the EAD will better equip workers, employers and law enforcement officials to recognize the card as definitive proof of authorization to work in the United States.

USCIS worked closely with the Immigration and Customs Enforcement Forensic Document Laboratory to incorporate technology and tactile features in order to deter fraud and facilitate card authentication.

Additionally, USCIS employs a new and more secure printing process for its redesigned Certificate of Citizenship that renders the certificate more tamper-proof.

Although the look and feel of the documents is new, the manner in which an applicant applies for and receives them will not change. USCIS will replace EADs already in circulation as individuals apply for their renewal or replacement. All previously issued EADs remain valid until the expiration date printed on the card. Previously issued Certificates of Citizenship remain valid indefinitely.

These improvements demonstrate USCIS’s ongoing efforts to produce more secure documentation. In 2010, USCIS issued the new Permanent Resident Card, which added security features to the physical card and integrated technology improvements in the card production process. Additionally, USCIS launched the redesigned Certificate of Naturalization (Form N-550) featuring the naturalization candidate’s digitized photo and signature embedded into the document. USCIS will continue to enhance document security features as technology improves.

USCIS Processing Volumes and Trends

Use the following link from the USCIS to see processing trends and volumes both nationally and for each regional USCIS office. You may view volumes and trends for all forms or for the specific form that interests you.

http://dashboard.uscis.gov/

USCIS Improves Processing for Naturalization and Citizenship Forms

U.S. Citizenship and Immigration Services (USCIS) is enhancing the filing process for select forms dealing with naturalization and citizenship (N-Forms). Beginning Oct. 30, 2011, the new process will allow individuals to file N-Forms at a secure Lockbox facility instead of our local offices. This change streamlines the way forms are processed, accelerates the collection and deposit of fees and improves the consistency of our intake process.

Individuals should begin submitting affected forms directly to the appropriate Lockbox beginning Oct. 30, 2011. Forms received by local USCIS offices during a transition period between Oct. 30 and Dec. 2, 2011, will be forwarded to the USCIS Lockbox facility for processing. Forms received at local USCIS offices after Dec. 2, 2011, will no longer be forwarded but will be returned to the individual with instructions on how to re-file at a designated USCIS Lockbox facility. USCIS will centralize intake of Forms N-336, N-600 and N-600K at the Phoenix Lockbox facility. The Dallas Lockbox facility will handle the Form N-300. Individuals filing Form N-400, Application for Naturalization, already file at a Lockbox facility.

The following table lists N-Forms affected by this filing change:

Affected N-Forms	Date that Lockbox starts accepting N-Forms	Last receipt date that local offices will forward N-Forms to Lockbox
N-300, Application to File Declaration of Intention           N-336, Request for a Hearing on a Decision in Naturalization Proceedings            N-600, Application for Certificate of Citizenship           N-600K, Application for Citizenship and Issuance of Certificate Under Section 322	Sunday, October 30, 2011	Friday, December 2, 2011

USCIS has updated the information on our N-Form Web pages regarding filing forms at a Lockbox to clearly identify this change in procedure. Please carefully read the form instructions before filing your form to ensure that you are filing the correct form type at the correct location. Any individual submitting the wrong form type for the benefit sought will not receive a fee refund. Instead, individuals will have to re-apply using the correct form and pay a new fee.

Refugees: Frequently Asked Questions

Q. Who is a Refugee?
A. A refugee is a person who has fled his or her country of origin because of past persecution or a fear of future persecution based upon race, religion, nationality, political opinion, or membership in a particular social group. If the person is not in the United States, he or she may apply for inclusion in the U.S. refugee program. If the person is already in the United States, he or she may apply for the U.S. asylum program.

A refugee does not include a person who has left his or her home only to seek a more prosperous life, also known as an economic migrant. People fleeing civil wars and natural disasters may not be eligible for resettlement under U.S. law. However, they may fall within the protection of the United Nations High Commissioner for Refugees (UNHCR).

Q. Which Refugees are Eligible for Resettlement in the United States?
A. Each year, the United States resettles a limited number of refugees. Refugees may be eligible for a USCIS interview for resettlement in the United States if:

·         UNHCR, or the U.S. Embassy, or a non-governmental organization refers them to the United States for resettlement.

·         They are members of specified groups with special characteristics in certain countries determined by the United States.

·         They have an anchor relative (for definition see the “Glossary” link to the right) in the United States who is a refugee or asylee.

Generally, refugees must be outside their homelands to be eligible for the U.S. refugee program; however the United States Refugee Admissions Program (USRAP) processes refugees in their home countries in a few places.

Even if an applicant is determined by USCIS to be a refugee, refugees must be admissible to the United States. An applicant can be found “inadmissible” to the United States for a variety of reasons, including criminal, health, or security-related grounds.

Ineligibility for the U.S. refugee program does not necessarily prevent eligibility for UNHCR protection or resettlement in other countries.

Q. How Can I Find Out If I Am Eligible For Resettlement in the United States?
A. If you believe that you might be eligible for resettlement in the United States, you may make your interest known to the nearest UNHCR office. If you have relatives in the United States, they should contact the nearest refugee resettlement agency for advice and help in preparing the necessary forms in support of your application.

Q. What Kind Of Processing Can I Expect Under The United States Refugee Program?
A. The U.S. Department of State Resettlement Service Centers (RSCs), previously referred to as overseas processing entities (OPEs) carry out most of the casework preparation for refugee eligibility interviews. The OPEs pre-screen applicants, help prepare the applications for USCIS, initiate background security checks, and arrange medical examinations for those refugees approved by USCIS.

Following USCIS approval, the processing entity also asks for the names and addresses of any relatives in the United States, for details on the person's work history and job skills, and for any special educational or medical needs of the refugee and accompanying family members, in order to determine the best resettlement arrangements for the refugee.

The International Organization for Migration generally arranges transportation to the United States on a loan basis. Refugees are expected to repay the cost of their transportation once they are established in the United States. Individual refugees or their relatives may pay for transportation costs in advance.

Q. What Family Members May Accompany Me To The United States If I Am Approved?
A. Family members that may accompany you to the United States include your spouse and unmarried children under the age of 21 who were with you at the refugee interview.

If your spouse or unmarried children under the age of 21 were not with you at the time of your interview, they will be able to follow you to the United States, but you will have to file a Form I-730, Refugee/Asylee Relative Petition, for each of them.

In either case, your dependent relative must also be otherwise admissible to the United States. Other relatives may qualify for resettlement in the United States if they meet the U.S. refugee criteria with their own claims.

Q. How Can I Report My New Address?
A. You are required to notify USCIS within 10 days of changing your address. You may file Form AR-11, Change of Address, or change your address online. See the “Change of Address Online” link to the right to report electronically.