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Refugee
Introduction
Every year millions of people around the world are
displaced by war, famine, and civil and political
unrest. United States considers persons for
resettlement to the U.S. as refugees. 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:
Refugee definition
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 opinions.
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. CasePresent
The steps that refugee applicants follow before
their eligibility interviews with USCIS officers vary.
Eligibility for refugee status is decided on an individual, or case-by-case, basis. A personal interview of the applicant is held by an USCIS officer. The interview is non-adversarial and is designed to elicit information about the applicant's claim for refugee status. Post USCIS Interview Processing
After the USCIS 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, USCIS 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. Eligibility for resettlement in the United States
Each year, the U.S. resettles a limited number of
refugees. Refugees may be eligible for an USCIS
interview for resettlement in the U.S. if:
Humanitarian
The U.S. admits a few refugees from other countries
each year under special circumstances. For further
information contact United Nations High Commissioner
for Refugees (UNHCR) or the nearest U.S. Embassy or
Consulate on the possibility of obtaining a referral
to the U.S. refugee program.
Processing
Non-governmental processing agencies carry out most
of the preparation case-work for USCIS interviews.
These agencies
Family
Spouse and unmarried children under the age of 21
who are with the applicant at the refugee interview
will be given refugee status. If the spouse or
unmarried children under the age of 21 are not with
the applicant at the time of USCIS interview, the
applicant will have to file a Refugee/Asylee Relative
Petition, Form I-730, for each of these family
members. Other relatives may qualify for resettlement
in the U.S. if they meet the U.S. refugee criteria
with their own claims.
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