Refugee
Status
Background on
Refugee Law
The United States is a signatory to the 1967 Protocol Relating
to the Status of Refugees. As a signatory, the United States is
obliged to uphold the principle of non-refoulement and not return
refugees to their native countries where they fear persecution.
In fact, United States domestic law incorporates the refugee definition
contained in the 1951 Convention Relating to the Status of Refugees.
The definition can be found in Section 101(a)(42) of the Immigration
and Nationality Act (INA). The INA defines a "refugee" as:
Any person who is outside any country of such
person's nationality or, in the case of a person having no nationality,
is outside any country in which such person last habitually
resided, and who is unable or unwilling to return to, and is
unable or unwilling to avail himself or herself of the protection
of, that country 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.
Under the Immigration and Nationality Act (INA), a person seeking
protection from persecution may apply for refugee status in the
United States. Unlike those who travel to the United States and
apply for asylum once they arrive on U.S. soil, many seek to obtain
refugee protection before they ever come to the U.S. The United
States admits refugees through an overseas admissions program
which issues refugee visas to qualifying individuals.
The number of refugees that the United States will accept, however,
is not unlimited. Every year, the President of the United States,
in consultation with Congress, determines the number of refugees
who may be admitted to the United Stated during the next fiscal
year. This total number is then divided among specified regions,
as set out below. For fiscal year 1999, the President and Congress
have determined that a total of up to 78,000 refugees may be admitted
to the United States, allocated as follows: Africa (12,000); East
Asia (9,000); Europe (48,000--includes 3,000 unfunded); Latin
America/Caribbean (3,000); Near East/South Asia (4,000); Unallocated
(2,000).
Once these designations are made, the Department of State then
determines from which particular countries within these regions
the United States will accept refugees. The 2,000 unallocated
numbers are later allocated as needed to meet regional shortfalls.
Additionally, admission numbers that are unused in one region
may be transferred to another region where there are more qualifying
refugees than the designated ceiling for that region allows for.
Given the crisis in Kosovo, the United Stated has also stated
that it will admit 20,000 refugees into the United States from
Kosovo.
How Do I Know If I Qualify
For Refugee Status?
In order to qualify for refugee resettlement in the United States,
an individual must meet certain criteria. First, the individual
must come from a qualifying country as designated by the Department
of State, as explained in the previous section.
Second, the individual must meet the definition of a "refugee"
set out Section 101(a)(42) of the Immigration and Nationality
Act by proving that he or she has a "well-founded fear of persecution."
This fear of persecution must be based on one or more of the following
five designated categories: (1) race; (2) religion; (3) nationality;
(4) membership in a particular social group; or (5) political
opinion.
Third, the individual must fall within one of the processing
priority categories set for your country that the United States
has established to manage its refugee program. The priority categories
are set out as follows. However, the Department of State determines
which priorities will or will not be considered for a particular
country or region.
FIRST PRIORITY: Individuals referred by the
United Nations High Commissioner for Refugees (UNHCR) or identified
by the U.S. Embassy as being in immediate danger of loss of
life, or cases of "compelling security concern" in countries
to which they first fled, such as persons who may be in refugee
camps that are under armed attack. Also in this priority are
cases referred by UNHCR, including women at risk, victims of
violence or torture, persons in urgent need of medical treatment,
and individuals for whom there is no realistic prospect of ever
being integrated into the country to which they first fled or
of returning to their home country.
SECOND PRIORITY: Within certain nationalities,
members of specific groups of special concern to the U.S.
THIRD PRIORITY: Spouses, parents, and unmarried
sons and daughters of U.S. permanent resident aliens, refugees,
asylees, conditional residents or "parolees." Unmarried sons
and daughters of U.S. citizens and parents of U.S. citizens
who are under 21 years of age.
FOURTH PRIORITY: Married sons and daughters,
siblings, grandparents, or other more distant relatives of U.S.
citizens and U.S. permanent resident aliens, refugees, asylees,
conditional residents or parolees.
How Do I Apply For Refugee
Status?
If you are outside of the United States and seeking refugee protection
in the U.S., you may file an application for a refugee visa with
the nearest overseas U.S. Immigration and Naturalization office,
a designated U.S. consulate, or at a refugee camp or designated
processing site if applicable. The application form is Form I-590
"Registration for Classification as Refugee." Additionally, applicants
who are 14 years old or older must also submit completed Biographical
Information Cards (Form G-325C) and Applicant Cards (Form FD-258).
After you have submitted an application, you may be granted a
hearing before an immigration officer, in which you will be questioned
under oath to determine whether or not you are eligible for admission
as a refugee. In order to be eligible for admission, you must
meet the qualifications described in the previous section entitled
"How Do I Know If I Qualify For Refugee Status."
Applicants for refugee visas must also submit a medical examination.
Often, there are medical examiners who can conduct the examination
on location at internationally monitored refugee camps.
Additionally, an applicant for a refugee visa must be sponsored
by a responsible person or organization. An application for refugee
status will not be accepted until an acceptable sponsorship agreement
is received, guaranteeing transportation on behalf of the applicant.
As a result, individuals applying for refugee status should contact
the nearest office of the United Nations High Commissioner for
Refugees (UNHCR) or other designated non-governmental organization
for advice and assistance with sponsorship. Contact with these
organizations is also important, as they play a significant role
in helping U.S. government officers identify refugees in need
of resettlement.
What are the forms
and documents that I need to apply for refugee status?
- Form I-590 (Registration for Classification as Refugee)
- Form G-325C (Biographical Information Card)
- Form FD-258 (Applicant Card)
- Medical Examination
- Sponsorship Agreement
What If I Am Denied
Refugee Status Or Placed On A Waiting List? Do I Have The Right
To Appeal The Decision?
The U.S. government maintains waiting lists for designated refugee
groups of special humanitarian concern. If an individuals application
for refugee status is accepted, they may be placed on a waiting
list. The date that the individual filed the I-590 application
will be considered his or her priority date. U.S. law provides
that refugees may be selected from the waiting list in a manner
that best supports the policies and interests of the United States
and provides that the U.S. Attorney General may adopt the appropriate
criteria for selecting refugees and assigning processing priorities
for designated groups based on such considerations as reuniting
families, close association with the United States, compelling
humanitarian concerns, and public interest factors. These criteria
along with an individual's priority date will be considered together
to determine when an individual will be taken off the waiting
list and receive his or her refugee visa.
If you are denied refugee status, the Immigration and Nationality
Act provides no right of appeal.
What Does It Mean If
I Am Granted Refugee Status?
If your application for refugee status is approved by an immigration
officer outside of the United States, the approval authorizes
the immigration district director to of the port of entry into
the United States to permit entry for a period of 4 months from
the date that the I-590 application was approved. If
accepted as a refugee, you may then come to the U.S. and receive
assistance from the U.S. government’s refugee resettlement program.
Refugees are eligible to apply for lawful permanent residency
after one year.
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