Refugee Status

The United States considers persons for resettlement to the U.S. as refugees. Those admitted must be of special humanitarian concern and demonstrate that they were persecuted, or have a well-founded fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group.

Each year, the U.S. President consults with Congress and establishes the proposed ceilings for refugee admissions for the fiscal year. For the 1999 fiscal year, the total ceiling was set at 78,000 admissions and was allocated to five geographic regions: Africa (12,000 admissions), East Asia (9,000 admissions), Europe (48,000 admissions), Latin America/Caribbean (3,000 admissions), Near East/South Asia (4,000 admissions), and the Unallocated Reserve (2,000).

Prior to 1980, departure from communist-dominated or communist-occupied states, or departure from countries in the Middle East, was generally sufficient justification for refugee eligibility. Until this time, U.S. refugee policy was dominated by Cold War geo-political concerns and strategies. The Refugee Act of 1980 sought to eliminate the prevailing geographic and ideological preferences and to emphasize that persecution, not provenance, was to be the basis for determining refugee eligibility.

The Refugee Act formally incorporated into U.S. law the international definition of refugee contained in the 1951 United Nations Convention relating to the Status of Refugees and its 1967 Protocol. A refugee is defined as a person outside of his or her country of nationality who is unable or unwilling to return because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. By Presidential Determination certain refugees may be processed while still in their countries of origin (Cuba, Vietnam, and the former Soviet Union). While in-country processing was designed to be an exceptional remedy to refugees of compelling need, a large percentage of all refugees admitted to the United States have been processed in-country.

Under U.S. law, a person who has committed acts of persecution, or has assisted in the commission of persecution in any way, on account of race, religion, nationality, membership in a particular social group, or political opinion, is not eligible for classification as a refugee.

Case Presentation to the INS
Eligibility Determination
Post INS Interview Processing

Case Presentation to the INS

The steps that refugee applicants follow before their eligibility interviews with INS officers vary. Many applicants are referred to the United States Refugee Program (USRP) for resettlement consideration by officials of the United Nations High Commissioner for Refugees (UNHCR), while a smaller number are referred by a U.S. Embassy or Consulate. Other applicants are eligible to apply for the USRP directly because they are of nationalities designated as being of special humanitarian concern and in processing priorities eligible for resettlement consideration. Generally, voluntary agencies or the Joint Voluntary Agency (JVA) representatives conduct pre-screening interviews and prepare cases for submission to INS; they complete the required forms and compile any necessary documents. In the in-country processing programs, applicants usually register their interest in refugee resettlement by mailing completed preliminary questionnaires to the appropriate processing entity.

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Eligibility Determination

Eligibility for refugee status is decided on an individual, or case-by-case, basis. A personal interview of the applicant is held by an INS officer. The interview is non-adversarial and is designed to elicit information about the applicant's claim for refugee status.

The INS officer must determine whether the applicant has suffered past persecution, or has a well-founded fear of future persecution, on the basis of political opinion, religion, nationality, race, or membership in a particular social group. This determination requires the examination of objective and subjective elements of an applicant's claim. Conditions in the country of origin are taken into consideration and the applicant's credibility is assessed. INS refugee determinations are made according to a uniformly applied worldwide standard. Generally, all refugee applicants, with certain exceptions, are subject to the same adjudication criteria.

Legislation has altered the refugee adjudication process in certain cases. The Lautenberg Amendment (a provision of the Foreign Operations Appropriations Act for Fiscal years 1990 through 1994 and subsequently extended) mandated that the Attorney General identify categories of former Soviets (specifically Jews, Evangelical Christians, Ukrainian Catholics, and Ukrainian Orthodox), Vietnamese, Lao, and Khmer, who are likely targets of persecution. Under this legislation, a category applicant may establish a well-founded fear of persecution by asserting a fear of persecution and asserting a credible basis for concern about such fear.

Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), the definition of refugee was expanded to include persons who have resisted or been subjected to, or have a well-founded fear of being subjected to coercive population control measures.

Post INS Interview Processing

After the INS interview, those applicants who are found eligible for refugee status must satisfy medical and security criteria and must be assigned a sponsor assurance. A refugee admission number is allocated to the applicant and is then subtracted from the annual ceiling. Transportation arrangements are made through the International Organization for Migration (IOM). If the refugee is unable to finance his or her transportation costs, the refugee may be eligible for a travel loan, whereby he or she must agree to repay the cost of airfare.

At the port of entry, INS admits the refugee to the United States and authorizes employment. After one year, a refugee is eligible for adjustment of status to lawful permanent resident. Five years after admission, a refugee is eligible for naturalization to U.S. citizenship.

Questions & Answers

Which refugees are eligible for resettlement in the United States?

Each year, the U.S. resettles a limited number of refugees. Refugees may be eligible for an INS interview for resettlement in the U.S. if:

• UNHCR or the U.S. Embassy refers them to the U.S. for resettlement, or
• They are members of specified groups with special characteristics in certain countries as determined periodically by the United States government. (For some groups, only those with relatives in the U.S. are eligible.)

Generally, refugees must be outside their homelands to be eligible for the U.S. refugee program, though the U.S. processes application from refugees in their home countries in a few places. (currently, the U.S. has such programs in Cuba, Vietnam, and the former Soviet Union).

Even if the applicant is determined by the INS to be a refugee, refugees with criminal records or certain serious health problems may be inadmissible to the U.S. Ineligibility for the U.S. refugee program does not necessarily preclude eligibility for UNHCR protection or resettlement in other countries. The following is a list of grounds for which a refugee may not be admitted to the U.S.:

• A person who is determined to have a communicable disease of public health significance
• A person who is determined to have certain serious physical or mental disorders
• A person who is determined to be a drug abuser or addict
• A former citizen of the U.S. who renounced citizenship for tax purposes
• A person who has committed a crime of moral turpitude
• A person who has violated laws pertaining to controlled substances
• A person who has been convicted of two or more criminal offenses
• A person who has committed prostitution within the past ten years
• An individual who has committed serious crimes and has been granted immunity from prosecution
• A person who is intending to practice polygamy in the United States
• A person who is attempting to enter the U.S. in violation of U.S. immigration laws, or assists another person to do so
• A person who has been involved in international child abduction
• A person who is intending to enter the U.S. to conduct illegal activities
• A person whose admission to the U.S. would have potentially serious adverse foreign policy consequences to the U.S.
• A person who is or has been a member of the communist or any other totalitarian party
• A person who has engaged in any way in the persecution of others on the basis of race, nationality, religion, political opinion, or membership in a particular social group

Many, but not all, of the grounds listed above may be waived by the Attorney General upon application by the refugee applicant.

I am not a member of a "nationality of special humanitarian concern" on the current U.S. list. Does this mean I cannot resettle in the U.S.?

The U.S. admits a few refugees from other countries each year under special circumstances. For further information contact UNHCR or the nearest U.S. Embassy or Consulate on the possibility of obtaining a referral to the U.S. refugee program.

How can I find out if I am eligible for resettlement in the United States?

If you believe that you might be eligible for resettlement in the U.S., make your interest known to UNHCR or the U.S. Embassy or Consulate in your area. 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.

What kind of processing can I expect under the U.S. program?

Non-governmental processing agencies carry out most of the preparation case-work for INS interviews. These agencies interview applicants, help prepare the applications for the INS, and arrange medical examinations and background checks (for security purposes) for those refugees approved by INS.

Following INS approval, the processing agency also asks for the names and addresses of any relatives in the U.S., for details on the person's work history and job skills, and on 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 (IOM) generally arranges transportation to the U.S. on a loan basis. Refugees are expected to repay the cost of their transportation once they are established in the U.S. Refugees or their relatives may, of course, pay their own transportation costs in advance.

What family members may accompany me to the United States if I am approved?

Your spouse and unmarried children under the age of 21 who are with you at the refugee interview will be given refugee status, which is derived from your status. If your spouse or unmarried children under the age of 21 are not with you at the time of your INS interview, they will be able to follow you to the U.S., but you will have to file a Refugee/Asylee Relative Petition, Form I-730, for each of these family members. In either case, your dependent relative must also be otherwise admissible to the U.S. Other relatives may qualify for resettlement in the U.S. if they meet the U.S. refugee criteria with their own claims.

What can I expect if I am resettled in the United States?

The United States is a land of great diversity. Refugees may be resettled in small towns or big cities. If you have a close relative already in the U.S., you will probably be resettled where they live. If you do not, a resettlement agency will decide the best place for you based on the availability of jobs and services. Refugees are expected to go to the assigned site and remain there during their initial resettlement.

The resettlement agency, often called the "sponsor," is the most important source of information and assistance during the first months of adjustment to life in the U.S. An agency representative will meet you at the airport, arrange for housing, and prepare a resettlement plan that includes initial contact with governmental services and employment agencies. If you are approved and you do not have a sponsor in the U.S., sponsorship will be arranged.

In order to retain your refugee status in the U.S., you may not travel outside of the U.S. unless you first obtain permission to return before your travel. If you choose to travel, you should first contact the nearest INS office for the appropriate forms to request for permission to reenter the U.S.

What will be expected of me as a new arrival?

Americans value hard work and initiative. You should try to get a job as quickly as possible. Many refugees' familieslike many American familiesfind that both husband and wife must work. Lack of English language skill will not prevent you from getting a job, but it may limit the kind of job you can get when you first arrive. Changing jobs is common as English language and job skills improve. Many new arrivals study part-time to improve their English language and job skills while they work. Resettlement agencies can help identify appropriate programs.

Successful resettlement depends on a refugee's ability and willingness to adapt to the new environment. Cooperation with the resettlement agency can be key to a successful transition. Be realistic, but be optimistic. More than two million refugees have resettled in the U.S. in the past two decades. The vast majority have made the transition to life in the U.S. and have become valued members of American society. Others have benefited from the refuge offered by the U.S. until conditions in their homelands changed and they were able to return to their homes.

Because the United States is so diverse, generalizing about what to expect is difficult. You may have heard stories from friends or relatives who have recently resettled in the United States. Remember that every resettled refugee has a different experience. Seek information from a variety of sources.

Resettlement is not a decision to be made lightly. It may mean that you cannot return to your home country for many years. It may result in permanent separation from friends and relatives. But, it may also be the beginning of a new life and new opportunities.

Related Downlodables

• I-590, Registration for Classification as a Refugee
• G-325-C, Biographical Information Form, Call 1-800-870-3676 or write.