Overview: The Refugee Process

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

The refugee process in the United States involves several steps to provide protection and assistance to individuals fleeing persecution and seeking safety. It follows a thorough evaluation to determine eligibility for refugee status and potential resettlement.

Refugee Status Determination

The U.S. State Department, in consultation with a constellation of other agencies and organizations, manages the process through the United States Refugee Admissions Program (USRAP). The first step for a potential refugee abroad is most often to register with the UN High Commissioner for Refugees (UNHCR). UNHCR officials collect documentation and perform an initial screening and then refer qualifying individuals to State Department Resettlement Support Centers (RSCs). Sometimes this referral is done by a U.S. embassy or a nongovernmental organization.

Then, RSC officials interview the applicants, verify their personal data, and submit their information for background checks by a suite of U.S. national security agencies. These security checks include multiple forms of biometric screening, such as cross-checks of global fingerprint databases and medical tests.

If none of these inquiries produce problematic results, including criminal histories, past immigration violations, connections to terrorist groups, or communicable diseases, the applicant can be cleared for entry to the United States.

Refugee Eligibility Determination

Eligibility for refugee status is determined on a case-by-case basis through an interview with a specially trained USCIS officer. The interview is non-adversarial and is designed to obtain information about an individual’s refugee claim and eligibility for resettlement to the United States.

During the interview, USCIS will examine all relevant evidence, including testimony, to determine if the applicant:

• qualified under a designated processing priority.
• meets the definition of a refugee.
• is not firmly resettled in a third country.
• is otherwise admissible under U.S. law.

In making this determination USCIS will consider the conditions in the country of origin and evaluate the individual’s credibility. USCIS will also confirm that security checks have been completed and the results of the checks are reviewed and analyzed before approval.

Your case may include your spouse, child (unmarried and under 21 years of age), and in some limited circumstances, other family members.

There is no fee to apply for refugee status. The information you provide will not be shared with your home country.

Processing Priorities

The current process priorities include:

1. Cases that are identified and referred to the program by the UNHCR, a United States Embassy, or a designated non-governmental organization.
2. Groups of special humanitarian concern identified by the U.S. refugee program.
3. Family reunification cases.

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, the 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.

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 Form I-485, the 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.

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.

Note: Refugees should be cautious about traveling to their home country or countries where they fear persecution, as it may impact their refugee status in the U.S.

Disclaimer: Immigration laws and policies can change, affecting the availability and requirements of the immigration processes mentioned above. Always seek legal advice or consult official U.S. government sources to understand the latest regulations and options available to individuals.