|
Soon: French version of
this page
Bientôt: Version française de cette page.
AFRICAHOME.COM is not a US
immigration or Government Agency. All information available on our pages
are also available on the Immigration and Naturalization Services (INS)
and Department of State Web sites. For the most up-to-date information,
please visit the right government agencies (links are available all over
this immigration section of AFRICAHOME.COM). AFRICAHOME.COM does not
make any special representations as to the information provided on its
Web site. AFRICAHOME.COM provides this info as a service to its members
or visitors on an "as is" basis. AFRICAHOME.COM advises all
interested visitors to always double-check the accuracy of the
information posted here with the concerned US government agencies.
Although AFRICAHOME.COM shall try to keep information on its immigration
pages up-to-date, it will not be responsible for any damage, explicit or
implicit, that one may incur because of the inaccuracy or outdated
nature of information posted on the immigration sections of its Web
site. |
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.
Back
to Top
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
Who is a Refugee?
Which refugees are eligible
for resettlement in the United States?
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.?
How can I find out if I am
eligible for resettlement in the United States?
What kind of processing can
I expect under the U.S. program?
What family members may
accompany me to the United States if I am approved?
What can I expect if I am
resettled in the United States?
What will be expected of me
as a new arrival?
Who is a Refugee?
Under U.S. law, a refugee is a person who has fled his or her country of origin
because of past persecution or a well-founded fear of persecution based upon
race, religion, nationality, political opinion, or a membership in a particular
social group. If the person is not in the United States, he or she may apply
overseas for inclusion within the U.S. refugee program. If the person is already
within the United States, he or she may apply for the U.S. asylum program
This definition of a refugee does not include those people who have left their
homes only to seek a more prosperous life. Such people are commonly referred to
as "economic migrants," and are not refugees. People fleeing civil
wars and natural disasters also may be ineligible for refugee resettlement under
U.S. law, although they may fall within the protection of the United Nations
High Commissioner for Refugees (UNHCR).
UNHCR interviews those who believe they are refugees to decide whether they
qualify for UNHCR protection. The preferred solution for most refugees is to
return home as soon as it is safe for them to do so. Only the relatively few who
cannot remain in countries of first asylum or who cannot eventually return home
will be considered for third country resettlement. If the UNHCR determines that
the appropriate durable solution in an individual's case is resettlement in a
third, the case may be referred by UNHCR for resettlement in the U.S. If a
person is referred by UNHCR for resettlement in the U.S., or if the person
appears to be a member of a specific group determined by the U.S. Government to
be in need of protection, that person may be interviewed by an officer of the
U.S. Immigration & Naturalization Service (INS) who will decide whether that
person is a refugee under U.S. law and thus eligible for resettlement. UNHCR and
INS must understand the applicant's situation clearly in order to make such a
decision, so it is especially important that the applicant provide as much
detail as possible about why the person left his or her country. This
information will remain confidential and will only be available to those persons
who are employed or contracted by the U.S. government.
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
|
