THE ABC'S OF IMMIGRATION - REFUGEE PROCESSING

This week the Sentate Immigration Subcommittee held a hearing into possible problems with the US refugee program.  Since September 11^th, refugee processing has been featured in many news reports, and we thought this would be an appropriate time to provide information about the procedures by which a person is granted refugee status and admitted to the US. 

The first step in refugee processing is the annual designation of a limit on the number of refugees that will be admitted during the year.  In most years, the President announces this number shortly before the beginning of the fiscal year, October 1.  Last year, however, with the review of the refugee program in the wake of the events of September 11^th, the 70,000 limit was not announced until December.  The second step is obtaining classification as a refugee, and the final step is being admitted to the US.

To be classified as a refugee, the person must make an application for refugee status at an INS office overseas.  The INS has designated a number of US Consulates to accept refugee applications, because there are a limited number of INS offices overseas.  These Consulates are located in Djibouti, Buenos Aires, Bangkok, Athens, Cairo, Gaborne, Havana, Hong Kong, Belgrade, Islamabad, Khartoum, Mexico City, Jakarta, Frankfurt, Karachi, Kinshasa, Panama City, Kuala Lumpur, Geneva, New Delhi, Lusaka, Rio de Janeiro, Manila, Madrid, Mogadishu, San Jose, Naha, Rome, Nairobi, Seoul, Vienna, Singapore and Tokyo.  Other consulates are not able to process refugee applications without obtaining special permission from the State Department, and are instructed to refer cases to either the local government or to the United Nations High Commissioner for Refugees.

The refugee application consists of fingerprints, biographic information, and a Form I-590, Registration for Classification as Refugee.  In most cases, applicants are assisted in preparing their applications by various nongovernmental organizations.  After receiving the application, the INS or State Department runs a security check on each applicant, as well as an investigation into whether they have a criminal record.  If the application was filed with the INS, and the applicant appears eligible for refugee status, they are interviewed by the INS.  If the application was submitted to the State Department, applications are put through initial review, and when there are a sufficient number of people waiting for interviews, the INS is notified.  The agency then sends personnel, known as “circuit riders,” to the consulates where the interviews will be conducted. 

After passing the interview portion, the applicant is required to take a medical examination.  The section of the Immigration and Nationality Act dealing with refugees allows for the waiver of health related grounds of inadmissibility, but given the public health implications of many diseases, these waivers are often difficult to obtain.

In addition to the medical exam, the refugee applicant must obtain a sponsor.  In most cases, the sponsor is a nongovernmental organization, such as the Hebrew Immigrant Aid Society, the Lutheran Immigration and Refugee Service, and Catholic Social Services.  Among the duties of the sponsor are to ensure that the refugee will be provided with transportation to the US, and that once in the US, will be provided with assistance in resettling here. 

When the refugee applies for admission to the US, they enter not as a permanent resident, but in a unique conditional status.  They are allowed to work, and unlike most immigrants, can receive a variety of social services such as food stamps and healthcare.  After one year in the US, they are allowed to apply for adjustment of status.