Boris Perchatkin

Refugee Resettlement Program to the USA

· English, Persecution, Documents, Evangelical Christians, Vestibule, Contemporary Persecution, USSR, Refugee Status, Asylum in the USA

19.11.2008 International Organization for Migration (IOM)

Statement
by representatives of the U.S. Embassy in Moscow (Lisa Kirens) and
the International Organization for Migration (IOM) in Moscow (Mark Brown)
25 October 2008 at seminar No. 26 “Cooperation of the ‘Migration and Law’ Network with
the Russian FMS, UNHCR, IOM and other structures”

LISA KIRENS
The goal of the American refugee resettlement program is to provide refugees from various countries of the world the opportunity to solve their problems when their return to their homeland and integration in Russia are impossible. Its coordinator is the Bureau of Population, Refugees, and Migration of the State Department. Through this program, the USA receives thousands of refugees annually. The State Department works in close cooperation with UNHCR, but there are cases that do not reach UNHCR because it is physically impossible to work throughout the whole territory of Russia. Non-governmental organizations that work with refugees encounter precisely such cases, i.e., refugees who are outside the field of UNHCR activity. This is an additional tool for NGOs in solving difficult cases. Our programs are working productively in Russia. We have achieved particular success in solving the problems of Afghans in Krasnodar thanks to our colleague Vladimir Gaidash, as well as Svetlana Gannushkina, who has helped people of various nationalities in Moscow.

MARK BROWN In order to legally relocate to a European country, Canada, or Australia, any refugee must be registered and go through the entire procedure adopted by UNHCR. The American program is more functional. In 2007, within its framework, 54,000 refugees were accepted worldwide, including several thousand from the countries of the former Soviet Union and about 100 Afghans (Vladimir Gaidash worked with them). There are so-called group programs. Under one of them, for example, Armenians from Baku and Meskhetian Turks have now been accepted into the USA. This was a long process, spanning several years and conducted completely independently of UNHCR. There is a third path—resettlement through officially recognized non-governmental organizations, which can include refugees whose problems they are handling in the program. Naturally, these refugees must undergo an interview at the American embassy (conducted not even by the State Department, but by the Department of Homeland Security’s immigration service). Refusals do occur. My task today is to explain who can be included in this program.

  1. A program participant can only be a refugee from a third country. The organization’s policy has now changed, and whereas once Russian citizens were accepted—for example, Chechens—now the program covers only arrivals from third countries: Uzbekistan, Afghanistan, Iraq, Iran, Somalia, North Korea (so far, there have been five such cases). There is a special case with North Koreans: they are forbidden from entering the embassy, so interviews with them take place elsewhere (usually at the IOM Moscow office). Candidates who are Armenians from Azerbaijan are still being considered (though there are few now, as most citizens of this category are already returning home).
  2. A program participant can only be someone who has a well-founded fear of persecution in their homeland. The clearest example is the Afghans, especially the so-called Afghan orphans who were sent to the Soviet Union in the 1970s. After the 1990s, they had no homeland left. The Afghanistan they left no longer exists. Russia does not recognize them as its citizens, and if they return to Afghanistan, they unequivocally face persecution for their ties to the communists who sent them there.
  3. A program participant can only be someone who has been unable to integrate in Russia. For example, there is a small number of Afghans who have received Russian citizenship. If they are recognized as citizens, speak Russian, are married to Russian women, and their children attend Russian schools, do they need resettlement to another country? The USA believes they do not, as they can stay in their country of residence, while the program is intended for refugees who fear returning to their homeland. This approach has its drawbacks. Many people from Afghanistan who hold Russian citizenship nevertheless live in very difficult conditions—due to discrimination, because they can only work in markets, etc.: these are social cases. Unfortunately, the American side does not accept such objections. People, even those in great need of help, are not considered refugees under American law if they do not fear returning to their homeland. The same applies, for instance, to those who came from Nigeria or South Africa; a Black person in Russia may be in great danger, may face threats of confrontation with skinheads, the same discrimination, etc. But they will not be accepted by America, as theoretically it is quite possible to return to South Africa or Nigeria. In reality, the most important factor for a decision is whether they face persecution in their homeland. The possibility of integration in the country of residence is of less interest to the receiving side. How can NGO representatives include a specific refugee in the program? There is an official questionnaire that must be completed. It has space for a photograph, name, and the history of the applicant and their family members. Let’s say there is an Afghan who was an officer, a pilot in Afghanistan; he has a wife and four children. You need to specify: the full name of the primary applicant, date of birth, as well as the names and brief details of all family members, attach photographs, and then write their history. What is this “history”? I believe there are three questions that must be answered:
  • Why did this family leave their homeland?
  • Why can this family not return to their homeland?
  • Why can this family not stay in Russia? By the way, these same three questions are of great interest to the immigration officers at the American embassy who conduct the interview. It is quite possible that in the case under discussion, the answer to the first one is not very difficult: the person could have left Afghanistan because they were sent to Russia by the Afghan government in the 1970s. For God’s sake. The family could have left Afghanistan having already been subjected to persecution (“I left Afghanistan in 1993 because I lived in Kabul, and the mujahideen had already arrived”). In the answer to the second question, something like: “I cannot, because I was an officer in the communist army of Afghanistan,” “I cannot, because of the political situation that has developed, people hate me, and if I return, I will either be imprisoned or killed.” By law, the fear of persecution is grounds for seeking asylum if the applicant faces persecution due to their race, religious affiliation, nationality, political views, or membership in a particular social group. So, if a person says they cannot return because they owned a very good business and were persecuted by another businessman—it is useless to seek political asylum. But if they fear returning because they practice the Sunni religion and only Shiites live in their city, then this is considered religious persecution. The standard answer to the third—“why can you not stay?”—is “because I have gone through all the stages of the FMS, received refusals, I am not recognized as a refugee, I am considered an illegal migrant, I have no documents, I cannot find work, my children cannot attend school,” etc. If the person before you is indeed a refugee under US law—this person can be included in the program. It is better if an NGO employee fills out and submits this questionnaire for them. There is one nuance here: the questionnaire must be filled out in English. It can be sent to the IOM Moscow office—we currently have the ability to translate these questionnaires. If, however, the number of applicants becomes large (as, for example, with V. Gaidash), we will ask you to find another translator. The questionnaire must also bear the primary applicant’s signature and their index fingerprint. After the translated questionnaire arrives, we lift the fingerprint, authenticate the photograph with a seal, and send it off. If a person is a citizen of Russia, I do not think it makes sense to try to include them in the program. Most likely, the immigration officer will say that they can stay in Russia and solve all problems of discrimination through the police, courts, etc. Yes, we ourselves know that this is not always realistic. But the final decision is made by the immigration service, and they often believe that having citizenship means full integration. If, let’s say, they applied for refugee status or temporary asylum and received refusals— then it’s worth a try. The immigration service pays attention to the permanence of status. If temporary status is extended automatically, this is already considered integration; if an official’s consent is needed for extension—this is recognized as a genuinely temporary status. Holders of such status have a higher chance of getting refugee status in America and leaving for permanent residence in the USA. But the immigration service’s decision can never be predicted with 100% probability. Most decisions depend on what the person themselves says during the interview. It’s better to speak English. It happens that some excessively naive people tell the officer directly that they have no particular problems in Russia, except for a small trifle like the lack of a passport. When answering the question of why this family cannot stay in Russia, it’s better not to speak in general phrases (“oh, it’s difficult for children here”). One should provide specific reasons, supporting them with facts (“I cannot live in Russia because my family suffers from nationalism,” “my friends had clashes with skinheads,” “I was beaten up,” etc.). Discrimination can be manifested on both an unofficial and an official level, and examples are needed here as well. Suppose, when filling out documents by Russian migration officials, cases of distorting names and surnames sometimes occur. Error correction can be achieved through management (especially I recommend the Federal Migration Service of Russia, in particular V.K. Rucheikov), but it sometimes happens that officials refuse to correct their mistakes precisely out of hostility toward refugees of a certain nationality. Such situations are taken into account in our program. Much depends on the officers. Some grant refugee status to all applicants, and if there are doubts, say, “Let them go, just in case.” Others believe that sometimes it is better to risk it. This is beyond our control. Finally, including a person in the program is always a matter of time, effort, and hope for the NGO employee dealing with their problem. One must expend a great deal of labor working with the applicant, on the interview, on talking with such a person, on correctly answering all the questions in the questionnaire. There are priority categories for resettlement in the USA. The first is refugees in need of resettlement, individual cases. The second is entire ethnic groups, like the Meskhetian Turks from the Krasnodar Krai. Anyone who could prove their belonging to this group automatically entered the resettlement program. The third priority group is families who want to reunite (but this in itself is not a basis for inclusion in the program intended for refugees). Here one must consider that the concept of family in American law assumes that only children under 21 years of age and spouses constitute a single family. Children over 21, upon leaving, will be able to invite a family member, including a parent, if they become US citizens. Then they gain the right to do this regardless of the country they came from, the parents’ age, or the spouses’ opinions. Such a program works for Americans. We do not handle it, but we can explain how to access it.

Documents Provided by IOM

1.

Department of State
Bureau of Population, Refugees, and Migration
Office of Admissions

Eligibility for the U.S. Refugee Admissions Program
September 2006

Introduction

The Department of State’s Bureau of Population, Refugees, and Migration (PRM) coordinates and manages the U.S. Refugee Admissions Program (USRAP). A critical aspect of this work is the selection of individuals or groups from among the millions of so-called “refugees” who will be eligible for USRAP, allowing them to apply for resettlement in the United States as refugees. In carrying out this selection, PRM coordinates within the Department of State as well as working closely with the U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security (DHS/USCIS).

This document describes how potential applicants gain eligibility for USRAP. It sets out the worldwide priority system and explains how cases in each priority category are to be prepared for referral for further consideration. The priority system identifies categories of individuals eligible for the program, allowing for more orderly consideration and processing of applications for refugee status in the United States.

Section 207(a)(3) of the Immigration and Nationality Act (INA) provides that admission to USRAP is granted to refugees “…of special humanitarian concern to the United States, as determined by the President after appropriate consultation.” Therefore, in selecting individuals for USRAP, the key question is whether the resettlement of certain refugees serves the “special humanitarian concern” of the United States. The USRAP priority system provides the framework for answering this question. Currently, there are three priority categories of cases eligible for USRAP:

1. Priority 1 – Individual cases referred for consideration because of the circumstances of the applicants and the compelling need for their resettlement.
2. Priority 2 – Groups of cases designated for consideration under the program because of the circumstances of the applicants and the apparent need for their resettlement.
3. Priority 3 – Individual cases of persons granted access to the program because of the presence in the United States of first-line relatives (who have been granted asylum or refugee status in the U.S.) and whose nationality makes them eligible to be considered as refugees for family reunification.

(Note: First-line relatives of persons granted refugee status in the United States may also participate in the program by filing a “Petition for Family Reunification.” This option is discussed in more detail in Section IV.)

For each priority category, the special humanitarian concern is defined differently. For Priority 1, cases are selected for further referral by organizations that certify the identity of the applicants and their eligibility for USRAP, as described in the section “Priority 1 – Individual Cases” of this document. Regional Refugee Coordinators (designated by the Department of State at certain embassies and overseeing USRAP operations) or the Program Chiefs in the PRM Office of Admissions generally pre-certify that cases referred under Priority 1 meet the U.S. understanding of special humanitarian concern.

Under Priority 2, the PRM Deputy Director identifies an entire group of persons representing special humanitarian concern to the United States and authorizes admission of that group to the program. Under Priority 3, the PRM Deputy Director determines which countries’ nationals represent special humanitarian concern to the U.S. and, consequently, should participate in the refugee resettlement program to reunite with their families.

Eligibility for the program under one of the above-listed priority categories does not mean that applicants obtain legal grounds for resettlement to the United States or meet the statutory definition of “refugee” adopted in U.S. domestic law. Although participation in USRAP depends on whether the individuals concerned present compelling humanitarian interests to the United States, the final decision on applicants’ eligibility for admission to the USA must be made taking into account information about a well-founded fear of persecution or past persecution, which implies “serious harm.” (This concept is discussed in more detail below, particularly in cases referred for further consideration under Priority 1). Applicants eligible for the program under the designated priority categories are referred for an interview with USCIS officers. When making a decision during the interview, USCIS officers must examine a range of factors to determine the applicant’s eligibility for admission to the United States as a refugee under existing U.S. law. During the interview, USCIS officers review each case and determine: whether the applicant meets the U.S. definition of “refugee” as described in Section 101(a)(42)1 INA (for a decision taking into account past “serious harm”), whether the applicant has firmly resettled in a third country, and whether the applicant meets all other admissibility requirements (i.e., there are no other grounds for denial). The deciding officer also determines whether the applicant presents a compelling humanitarian interest to the United States. This requirement is generally met when reviewing a dossier prepared by an organization that, on behalf of the U.S. government, documents the reasons why the applicant gained eligibility for the program under one of the three priority categories.
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1/ Section 101(a)(42) INA: The term “refugee” means (A) 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, or (B) in such circumstances as the President after appropriate consultation (as defined in section 207(e) of this Act) may specify, any person who is within the country of such person’s nationality or, in the case of a person having no nationality, within the country in which such person is habitually residing, and who is persecuted or who has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The term “refugee” does not include any person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. For purposes of terminology under this Act, a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a person who has a well-founded fear that he or she will be forced to undergo such a procedure or be subjected to persecution for such failure, refusal, or resistance shall be deemed to have a well-founded fear of persecution on account of political opinion. Although the USRAP participant categories are called priority categories, it is important to understand that belonging to a particular priority category does not grant the right to have some cases processed faster than others. Once cases are assigned to one of the three participant categories, they are all processed on an equal basis.

I. Priority 1 – Individual Cases Referred for Consideration

Priority 1 considers applications for refugee status from persons of any nationality for whom resettlement is the only viable durable solution under the circumstances. Individual cases referred under Priority 1 are accepted from persons of any nationality 2 in any country of the world. Generally, Priority 1 includes applications from individuals whose compelling humanitarian situation leads the organizations referring such cases to conclude that resettlement is necessary for these specific persons. Cases under Priority 1 are identified and referred by UNHCR, U.S. embassies, or a designated non-governmental organization (NGO). UNHCR, which has the mandate to protect refugees worldwide, refers the majority of cases in this category. NGOs whose staff have been trained in case preparation and referral may also be designated by PRM to refer cases. Organizations referring cases must apply the following criteria when selecting cases.

A. Criteria for Case Selection and Referral.

Cases referred under Priority 1 for individuals must be substantiated by the following and include:

· The existence of serious humanitarian reasons compelling the applicant to seek participation in the program, and also
· The applicant’s claim of having suffered or having a well-founded fear of serious harm in the country of their nationality, or, if stateless, in their country of last habitual residence.

Serious Humanitarian Reasons

The first factor (the existence of compelling humanitarian reasons for which the applicant’s case is submitted for resettlement consideration, including access to an interview with USCIS) serves primarily as the basis for selecting cases for the program under Priority Category 1. Organizations submitting cases should first and foremost select those applicants who, to their knowledge, are in an extremely critical situation or are experiencing protection problems. An illustrative list of reasons allowing a case to be submitted for resettlement consideration may include: the inability of local authorities or UNHCR to ensure the person’s safety due to ethnic or other tensions in the place of temporary refuge; conditions of stay in a camp or other temporary refuge of the person; any personal situation threatening the personal safety and well-being of the person, such as health and mental health problems; or the absence of other means of a final solution to the situation other than resettlement, especially in cases of protracted stay in temporary refuge.

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2/ Cases submitted on behalf of citizens of North Korea and Palestine require prior approval from the Department of State and DHS.

Claim of Having Suffered or Well-Founded Fear of Serious Harm

The second factor relates to the person’s claim for refugee status. While USCIS officers make decisions on refugee cases using a comprehensive legal analysis, organizations submitting cases for consideration in Priority Category 1 must determine the plausibility of the applicant’s claim of having suffered or having a well-founded fear of serious harm in the country of their nationality, or, if stateless, in their country of last habitual residence. Satisfaction of this requirement is necessary under the U.S. domestic legal definition of a ‘refugee’. The phrase ‘serious harm’ in the context of refugee status determination has a strictly defined meaning relating to the concept of ‘persecution.’ The following examples illustrate the concept of ‘serious harm’ in the refugee definition context:

· Threat to life or freedom,
· Cumulative instances of violence or discrimination,
· Severe physical violence,
· Violation of fundamental freedom of personal religious belief,
· Significant economic harm,
· Rape or sexual harassment,
· Psychological harm resulting from the infliction of serious harm on a family member or third party.

Refugee status is granted based on information of harm suffered or fear of harm to the applicant in the country of their nationality, or, if stateless, in their country of last habitual residence. Although events or ordeals suffered in the country of first asylum may, in rare cases, be additional to a history of persecution in the country of origin, nevertheless, the infliction of harm or fear of such harm in the country of first asylum is not a sufficient basis for granting refugee status under U.S. law.

Often the first and second factors for submitting a case for further consideration overlap. For example, a very urgent refugee status claim may mean that repatriation will not be a solution to the situation (either because of severe past persecution, making return to the place of suffering inhumane, or because of a high degree of fear that prevents the person from feeling safe there). The trauma indicated in the refugee status claim may have arisen from psychological or emotional suffering, which also provides grounds to include the case in this priority category.

Nevertheless, despite the fact that the initial condition for submitting a case for consideration is the existence of serious humanitarian reasons, it is important to remember that the applicant must indicate their fear or the serious harm suffered in the country of origin. Serious humanitarian reasons alone are not sufficient to submit a case for further consideration.

Before submitting a case to USRAP, the referring organization should not attempt to decide on its own that applicants certainly have grounds for refugee status, but rather determine, based on the above information, the likelihood that a potential applicant in Priority Category 1 may meet the U.S. definition of a ‘refugee’. The organization submitting the case must have a clear understanding that the serious harm alleged by the applicant, or the fear that such harm may be inflicted, in the country of their nationality, or, if stateless, in their country of last habitual residence, is always taken into account****Б. Procedure for Submitting Cases of Individual Applicants in Priority Category 1

Cases referred for consideration under Priority Category 1 (from all sources except embassies) are submitted to the appropriate Regional Refugee Coordinator, who reviews the referred cases to ensure all necessary documents are present and determines whether the cases are of special humanitarian concern to the United States. If the cases meet both requirements, the Refugee Coordinator then forwards them to the appropriate Overseas Processing Entity (OPE) for case processing and scheduling of the applicant’s interview with USCIS staff. The Regional Refugee Coordinator may also provide the USCIS adjudicators with additional relevant information so that, even before the interview, they can provide the necessary assistance for proper consideration and decision-making on the case.

Cases Referred by UNHCR

UNHCR normally refers cases using the Resettlement Registration Form (RRF). UNHCR has recently developed a new version of the RRF, which is accepted as the standard within the USRAP program for cases referred by UNHCR. USRAP will continue to accept older versions of the RRF, as well as certain other forms developed and used specifically for particular situations in different countries, until UNHCR fully standardizes the new-format forms. However, case-specific forms used for special situations must be pre-approved by PRM and USCIS to ensure that they contain the complete information required by USRAP.

Cases Referred by Embassies

U.S. embassies normally refer cases using the Department of State cable system. Embassies receive regular guidance on the procedure for referring cases under Priority Category 1. The Office of Admissions at PRM, consulting with DHS as needed, pre-screens cases referred by embassies to ensure all required documents are present and determines whether the cases are of special humanitarian concern to the United States.

Persons who are in contact with a U.S. embassy in their country of origin may also be included under Priority Category 1. The U.S. Ambassador has the authority to refer a case in the applicant’s country of origin if the case meets the general eligibility criteria and there are compelling reasons necessitating resettlement to a third country. A case may be referred by the embassy within the applicant’s country of origin anywhere in the world, with the understanding that the Significant Public Benefit Parole (SPBP – another program administered by the Department of Homeland Security) practice will continue to apply in most such instances, and access to USRAP processing will be granted only with the approval of PRM and DHS officials in Washington, D.C.

Cases Referred by NGOs

Supporting NGOs working in this field sometimes have information about individuals in critical situations for whom resettlement may be necessary. In recent years, supporting NGOs in many countries with large refugee populations have been invited to participate in workshops on identifying and referring cases of persons in especially vulnerable circumstances for possible resettlement to

the United States. Those NGOs that participated in such workshops have been provided with referral forms that they may use to prepare cases for referral. Other NGOs may contact the Regional Refugee Coordinator to inquire about the possibility of participating in this process.

Format for Referring Cases under Priority Category 1

A case referred under Priority Category 1 must be submitted in a standard format (the UNHCR RRF form, or the UNHCR ad hoc case-specific form, or the State Department cable format, or an NGO-approved referral form) and must include the following case information:

· Principal applicant – full and accurate name, date and place of birth, citizenship, gender, marital status, ethnicity, current location at time of filing;
· Other family member(s) – full and accurate names, dates and places of birth, citizenship, gender, marital status, ethnicity, current location at time of filing, relationship to the principal applicant;
· Description of the serious harm the principal applicant has suffered or fears suffering in the country of origin;
· Description of the compelling humanitarian grounds that necessitate resettlement to a third country;
· If applicable, a description of any facts known to the referring organization that may affect admissibility or grounds for inadmissibility (e.g., information about the applicant’s criminal history or involvement in terrorist activity as defined by the Immigration and Nationality Act).

II Priority Category 2 – Groups of Cases Referred for Consideration

Priority Category 2 includes groups of persons who, as defined by the Deputy Director of PRM, are eligible to participate in the resettlement program. It encompasses specific groups of persons (from certain nationalities, tribes, or ethnic groups in certain geographic locations), identified by the State Department in consultation with USCIS, NGOs, UNHCR, and other specialists. Cases of some groups of persons in Priority Category 2 are processed in their countries of origin. Some groups of persons included in Priority Category 2 are announced in annual Reports to Congress. Others are published during the year as situations change and the need for resettlement increases.

UNHCR, Refugee Coordinators, NGOs, program directors at PRM, or other State Department officials may participate in defining groups of persons in Priority Category 2. The PRM Bureau coordinates the submission process for all groups of persons under the USRAP program, and the Deputy Director of PRM makes the final decision on admitting a particular group of persons to the program. There is no established minimum or maximum number of cases required for submission as part of a given group. In the process of defining such a group of persons and its characteristics, specially important humanitarian interests for the United States and the validity of the claims of this group of persons are taken into account when making the final decision on granting refugee status, in accordance with the definition adopted in the U.S. (see above, explanation of the concept of “severe harm” in Section I).

Within Priority Category 2, two forms of program participation are distinguished: open access and limited access. Regardless of the form of participation, the selection of a particular group of persons into Priority Category 2 is based on characteristics common to the group as a whole. As a rule, the presence of such qualities is the reason why this group has suffered harm in the past or is threatened with harm in the future. Examples include a group of persons who simultaneously fled from a collective danger from one locality; members of a persecuted political party who left their country during a specific period; families whose members face discrimination due to interracial marriage.

А. Definition of Open Access Groups

The open access form of participation under Priority Category 2 allows individuals to apply for the program if they meet the approved selection criteria. After conducting consultations with UNHCR, DHS/USCIS, and other organizations as necessary to define an open access group in Priority 2, PRM develops a set of selection criteria and submits a request for group approval to the Deputy Director of PRM. When the group’s selection criteria are finally approved, applicants are entitled to apply for the program at any of the designated locations for receiving applications.

The open access form of participation within the country of origin has proven successful in long-term programs in the territories of the former Soviet Union, Cuba, and Vietnam. It was also successfully used for refugees from Bosnia in the 1990s and is currently used for religious minorities from Iran.

Overseas Processing Entities (OPE), responsible for processing applications in open access groups and working under the guidance of the PRM Bureau, perform a preliminary analysis of whether applicants meet the selection criteria and then refer them for an interview with USCIS officers. Applications from individuals who clearly do not meet the selection criteria are “filtered out” before the interview with USCIS staff.

Б. Definition of Limited Access Groups

Each limited access group is clearly limited both quantitatively and geographically, and consists of a specific list of applicants eligible to participate in the refugee status program. Figuratively speaking, a limited access group can be drawn with a compass. The Deputy Director of PRM, by signing the authorizing documents, approves the selection criteria for such a group, and the organization submitting the cases submits a list of applicants entitled to participate in the refugee program for processing their cases as defined in the authorization. This form of group case submission is effective in circumstances where excessive efforts to submit individual applications are impractical, potentially harmful, or counterproductive. Often, limited access groups consist of individuals with similar histories of persecution. The case submission process within a limited access group involves one fewer stage and helps conserve valuable resources, especially for UNHCR. The case processing may also be expedited in situations where there are grounds for immediate security.

В. Procedure for Submitting Group Cases in Priority Category 2

When the selection criteria for an open access group within Priority Category 2 are finally approved, applicants are entitled to apply for the program at any of the designated locations for receiving applications. OPE will require the following data:

· Principal applicant – full and exact name, date and place of birth, citizenship, sex, marital status, ethnicity, location at the time of filing;
· Other family member(s) – full and exact names, places and dates of birth, citizenship, sex, marital status, ethnicity, location at the time of filing, relationship to the principal applicant;
· Description of the serious harm inflicted on the principal applicant or the fear that such harm may be inflicted in the country of origin;
· Required documents or other evidence demonstrating membership in the group (varies by program)

Once the selection criteria for a restricted-access group under Priority 2 are finalized, the list of applicants whose cases are submitted for consideration must include the following information:

· Full and exact name, date and place of birth, citizenship, sex, marital status, ethnicity, location at the time of filing, and relationship to the principal applicant for each applicant in the case;
· If available, a photograph of each applicant in the case (in compliance with U.S. passport-style requirements); and
· Any documents relevant to the restricted-access group for that program (sociological survey results, refugee registration lists, ration cards, etc.).

III. Priority 3 — Family Reunification

A. Selection Criteria for Priority 3

Priority 3 is formed exclusively on the basis of family-member connection and is open only to nationals of certain countries. At the start of each fiscal year, the Department of State, after consultation with DHS/USCIS, determines the list of countries whose nationals may file applications under this Priority, and publishes those lists in the Report to Congress in the section on proposed refugee admission ceilings for the coming fiscal year. The list may be amended by the Deputy Director of PRM at any time, but any additions or deletions generally coincide with the start of the fiscal year. In essence, inclusion in Priority 3 reflects PRM’s determination that nationals of a particular country present a particularly important humanitarian interest for the United States for the purposes of refugee family reunification. In adding or removing from this list, PRM considers a combination of factors, including: the number of cases submitted for consideration under the Priority 1 and Priority 2 programs; the continued outflow of refugees from that country; and planned, ongoing, and completed repatriation programs.

To be eligible for participation under Priority 3, an applicant must: be outside the country of origin; his or her relative in the United States who is legally eligible to file an Affidavit of Relationship (AOR) must file the AOR during a period when nationals of the country of origin were included in the list of those allowed to participate under this category; and undergo subsequent security checks by the Refugee Access Verification Unit (RAVU) at USCIS.

Applications may be filed only by the following family members of a U.S.-based relative: spouse, unmarried children under 21, or parents. By law, the right to petition for family members belongs to those individuals who entered the United States with refugee status or were granted asylum in judicial proceedings, as well as lawful permanent residents or naturalized citizens who originally entered the United States as refugees or were granted asylum.

After the AOR is filed by the U.S.-based relative, RAVU verifies the information provided in the AOR against the U.S.-based relative’s immigration case file and other data held by the Department of Homeland Security (DHS). If significant discrepancies are found in the information about the relationship between the AOR and other DHS sources, RAVU “screens out” such applicants, and they will not be allowed to proceed in the USRAP program. RAVU forwards the results of internal checks to the Refugee Processing Center (RPC), the center which, on behalf of PRM, manages the USRAP database. In turn, RPC forwards AORs approved for consideration to the appropriate Overseas Processing Entity (OPE).

B. Case Submission Procedure for Priority 3

Applications under Priority 3 must contain:

· An Affidavit of Relationship (AOR) completed by the U.S.-based relative who is legally eligible to file the AOR, submitted to the Refugee Processing Center (RPC) through one of the participating Resettlement Agencies.
· As noted above, AORs undergo verification by RAVU at USCIS, and only those relatives whose AORs successfully pass the RAVU checks at USCIS will be allowed to proceed further in the program and to an interview.

IV. Visa 93 – Family Reunification “Family Reunification Petitions”

According to Section 8 of the Code of Federal Regulations (CFR) Article 207, any refugee arriving in the United States has the right to request derivative refugee status for his or her spouse and unmarried children under 21 years of age, if family members have been separated. Within two years of arriving in the United States, a refugee may file a “Form I-730, Refugee/Asylee Relative Petition”3 for each qualifying relative with DHS/USCIS. If DHS/USCIS approves the I-730 Petition (verifying the authenticity of the family relationship), the Petition is then forwarded through the National Visa Center for processing to the embassy or consulate located nearest to the place of residence of the beneficiaries of the filed petition. (Note: In countries where the USRAP program operates on a particularly large scale, such cases are processed by OPE centers rather than by consular sections at embassies.)
______________________________________________
3/ These Petitions, used when applying for derivative refugee status for relatives of persons who arrived in the United States with “refugee” status or subsequently obtained it, are also known as Visa 93 and Visa 92, respectively. Only Visa 93 cases participate in the U.S. Refugee Admissions Program, and their numbers are counted when determining annual refugee admission ceilings. Visa 92 cases are not considered part of the Refugee Admissions Program, and their numbers are not counted when determining annual refugee admission ceilings.

Applicants who become eligible to participate in the USRAP program after their I-730 Petition is approved undergo an interview with USCIS officers or consular staff to confirm the family relationship stated in the Petition, and to identify any possible bars to their entry into the United States. Such interviews are not for the purpose of deciding whether to grant refugee status. Applicants are not required to describe their history of persecution, since they are beneficiaries of derivative refugee status from a relative who arrived in the United States as a refugee or subsequently obtained such status and filed the Petition. Cases of derivative refugee status beneficiaries under an I-730 Petition may be processed both in their country of origin and outside it.

The sponsoring relative in the United States may file a “Form I-730, Refugee/Asylee Relative Petition” and simultaneously exercise their right (if applicable) to participate in the Priority 3 program. In some cases, the I-730 Petition is the only means that can be resorted to while inside the country of origin. It should also be noted that, unlike Priority 3, the I-730 category (derivative refugee status for relatives) does not consider cases of parents of the sponsoring relative in the United States.

2.

Department of State
Bureau of Population, Refugees, and Migration
Office of Admissions

Guidance for NGOs on Procedures for Submitting Refugee Cases
from the Countries of the Former Soviet Union

Introduction

Cases (Priority 1) of persons of any nationality, submitted for consideration by authorized NGOs, are admissible to the U.S. Refugee Admissions Program (USRAP), administered by the Bureau of Population, Refugees, and Migration (PRM). An authorized NGO is an organization whose representatives have participated in an NGO training seminar on case submission, or one approved by the Regional Refugee Coordinator. In the territory of the former Soviet Union, NGOs submit all cases for consideration to the Regional Refugee Coordinator at the U.S. Embassy in Moscow, whose jurisdiction also includes the review of all cases filed in Europe and Central Asia.

Overview of U.S. Refugee Resettlement Strategy****1

Resettlement to third countries, including the United States, is applicable for refugees who are in extreme need of protection, as well as for those in situations where no other durable solution is available. In selecting durable solutions for refugees, the United States gives preference to the safe and voluntary return of refugees to their homeland. This strategy, reflected in the Refugee Act of 1980, is also applied by the international community, including the United Nations High Commissioner for Refugees (UNHCR). If safe and voluntary repatriation is not applicable, other durable solutions are considered, including: local integration in the country of first asylum or resettlement to third countries.

U.S. legislation provides for the admission of persons of special humanitarian concern who can prove that they have been persecuted or have a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The legal basis of the Refugee Admissions Program rests on the Refugee Act of 1980. In that Act, the definition of “refugee,” with some modifications, was largely drawn from the 1951 UN Convention Relating to the Status of Refugees, as amended by the 1967 Protocol. The definition applied in the United States is contained in Section 101(a)(42) of the Immigration and Nationality Act (INA). (Appendix 1 to this guidance contains the full definition.)

In most cases, individual cases are submitted for consideration under the U.S. refugee admissions program by UNHCR, which has a mandate to provide protection to refugees worldwide.

_______________________________________________
1/«Proposed Refugee Admission Quotas for Fiscal Year 2005 in the Report to Congress.» State Department, Department of Justice, Department of Health and Human Services. September 2004.

PRM Bureau continues to cooperate with UNHCR and its field offices in improving staff skills in identifying persons in need of resettlement to third countries. Embassies also have the opportunity to refer cases for consideration, especially those persons who are in close contact with embassies for the purpose of promoting democratic values and protecting human rights. NGOs in countries of first asylum are also one of the most important sources for referring refugee cases for consideration. The small number of NGOs that provide direct support to refugees often can best identify cases most in need of resettlement.

Case Selection Criteria for Referral.

Cases of individuals referred for consideration must be based on and contain:

· The existence of compelling humanitarian reasons that impel the applicant to participate in the program, and
· The applicant’s assertion of having suffered serious harm or having a well-founded fear of suffering such harm in the country of which he is a citizen, or, if he is stateless, in the country of his habitual residence.

1. Compelling Humanitarian Reasons

The first factor (the existence of compelling humanitarian reasons for which the applicant’s case is referred for resettlement consideration, including for an interview with USCIS officers) serves primarily as the basis for selecting cases for participation in the program. Organizations referring cases should first and foremost select those applicants who, according to their information, are in a critical situation or are experiencing problems related to insecurity. A non-exhaustive list of reasons allowing a case to be referred for resettlement consideration may include:

· the inability of local authorities or UNHCR to ensure the person’s safety due to ethnic or other frictions in the place of temporary refuge;
· the conditions of stay in a camp or other temporary refuge; any personal situation that endangers the person’s safety and well-being, such as health or mental problems;
· or the absence of other durable solutions to the situation except resettlement, especially in cases where the period of stay in temporary refuge is prolonged.

2. The Applicant’s Assertion of Having Suffered or Having a Well-founded Fear of Suffering Serious Harm in the Country of Which He Is a Citizen, or, If He Is Stateless, in the Country of His Habitual Residence.

The second factor relates to the individual’s claim for refugee status. While USCIS officers make decisions on refugee cases using a comprehensive analysis of legal aspects, organizations referring cases for their consideration must determine the well-foundedness of the applicant’s assertions of having suffered or having a well-founded fear of suffering serious harm in the country of which he is a citizen, or, if the claim is filed by a stateless person, in the country of his last habitual residence. Compliance with this requirement is necessary within the framework of the definition of “refugee” under U.S. domestic law.

- Serious Harm —
The phrase “serious harm” in the context of deciding to grant refugee status has a strictly defined meaning relating to the concept of “persecution.” The following examples illustrate the concept of “serious harm” in the refugee definition context:

· Threat to life or freedom,
· Cumulative instances of violence or discrimination,
· Severe physical violence,
· Violation of the fundamental freedom of personal religious belief,
· Significant economic harm,
· Rape or sexual harassment,
· Psychological harm resulting from the infliction of serious harm on a family member or a third party.

- Country of Citizenship / Country of Last Habitual Residence —

Refugee status is granted based on information about harm inflicted or feared to be inflicted on the applicant in the country of which he is a citizen, or, if the claim is filed by a stateless person, in the country of his last habitual residence. Although events or ordeals suffered in the country of first asylum may in rare cases be added to the history of persecution in the country of origin, nevertheless, the infliction of harm or the fear that such harm may be inflicted in the country that first provided refuge is not a sufficient basis for granting refugee status under U.S. law.

After the dissolution of the Soviet Union, determining the country of citizenship of a particular individual poses significant difficulties. When determining the country (or countries) of citizenship of the person or the country of last habitual residence for stateless persons, the following should be taken into account:

  1. In the event that a person holds a valid passport of a particular state, their affiliation with the citizenship of that country shall be considered proven unless the applicant provides substantial evidence refuting their inclusion in that country’s citizenship;

  2. A person may be a citizen of a particular country even if they have never resided on its territory and do not maintain ties with the country of citizenship;

  3. The mere fact that a person is eligible to apply for citizenship in one or more countries is not sufficient grounds to believe that the person is a citizen of any of those countries.

  4. When determining a person’s affiliation with the citizenship of a particular country, the specific legislation and naturalization procedures of that country must be taken into account;

  5. If it is impossible to determine a person’s affiliation with the citizenship of a particular country, they shall be considered stateless, and for their case to be submitted for consideration under the USRAP program, the applicant must demonstrate that they have suffered severe harm or have a well-founded fear of suffering such harm in the country of their last habitual residence;

  6. A stateless person may have resided in several countries in previous years, but the subject of consideration is exclusively the country of their last habitual residence;

  7. When determining the country of last habitual residence, there are no clearly defined rules for ascertaining the months or years of settled residence in that country, nor is the applicant required to prove the existence of civil rights (employment, education, registration, etc.) in the country of last habitual residence;

  8. The country of last habitual residence may simultaneously be the country in which the person submitting the application for consideration is currently present within the host country.

3. Other Factors

Often, the first and second factors for submitting a case for further consideration overlap. For example, an extremely urgent application for refugee status may indicate that repatriation will not be a solution (either due to severe persecution in the past, making the person’s return to the place of suffered harm inhumane, or due to a high degree of fear that prevents the person from feeling completely safe there). Consequently, the harm inflicted on the applicant is taken into account when deciding that there are no other options for a final resolution of the situation except resettlement to a third country. The trauma indicated in the refugee status application may have resulted from psychological or emotional suffering, which also provides grounds to admit the case to the program. Be that as it may, although the initial condition for submitting a case for consideration is the presence of compelling humanitarian reasons, it is important to remember that the applicant in the case must indicate their fears or the severe harm they have endured in the country of origin. The mere identification of serious humanitarian reasons is not sufficient to submit the case for further consideration.

Before sending a case to USRAP, the submitting organization must not attempt to decide on its own that applicants certainly have grounds for gaining refugee status, but rather determine, based on the above information, the likelihood that a potential applicant may meet the U.S. definition of a «refugee». The organization submitting cases must clearly understand that the severe harm indicated by the applicant, or the fear that such harm may be inflicted, in the country of citizenship or, for stateless persons, in the country of last habitual residence, is always taken into account during consideration.

Before submitting a case for consideration, the following must be taken into account:

  1. The UNHCR is the organization that submits the majority of cases worldwide for further consideration. The UNHCR is also the international organization mandated to protect refugees from forcible return. In the event that an NGO submits a case for further resettlement, these organizations must nonetheless inform the refugee of the UNHCR’s role in security matters.

  2. The case submission program for further resettlement is an opportunity for NGOs to refer the cases of individuals in critical condition. Submission of such cases is not an obligation.

  3. Case referrals must be limited to those individuals known to the NGO.

  4. NGOs must understand that they cannot influence the decision reached. The submission of a particular case provides a potential refugee with the opportunity to participate in the U.S. Refugee Admissions Program (USRAP). The admission of refugees to the territory of the United States is provided for by U.S. humanitarian policy and foreign policy interests and is governed by relevant U.S. legislation. The existence of the resettlement program does not in itself guarantee the applicant’s right to an interview and resettlement irrespective of nationality and priority category. The U.S. Department of Homeland Security (DHS) is tasked with determining eligibility under the «refugee» definition and determining the right to be admitted to U.S. territory. Meeting these criteria does not guarantee a legal right to resettle in the United States.

  5. NGOs must ensure the confidentiality of information regarding the cases under consideration. As a result, NGO representatives will not be able to obtain information on cases whose consideration has already begun.

  6. Cases involving minors (persons under 18, unmarried, and unaccompanied by an adult relative) may be presented only by UNHCR representatives. Such cases must be accompanied by a UNHCR mandate letter and a “Child Protection Statement.” If an NGO encounters such a case involving a minor in need of resettlement to a third country, it must refer that case to UNHCR.

Procedure for Submitting a Case Under the Refugee Program

After interviewing the candidate and consulting with the NGO case review officer, the NGO must complete the US Refugee Admissions Program Refugee Referral Form (see below), provide a photograph of the Principal Applicant (PA) (passport-style, front-facing) and right-hand fingerprints, as well as gather necessary information on accompanying family members and their photographs. If possible, the NGO should include the UNHCR mandate letter, as well as any biographical documents the applicant may possess.

Before submitting a case, the NGO may contact the Refugee Coordinator if a question arises as to whether a particular case qualifies for submission.

Fraud Protection

Accumulated experience shows that fraud is a serious problem. To guard against fraud, each NGO submission must be reviewed and signed by a senior officer (the NGO director or his/her deputy or another authorized person) to ensure legality and confirm the presence of all required documents. This protects both the applicant and the NGO.

US Refugee Admissions Program forms should be provided to an applicant only after the individual has been identified as a potential candidate jointly with the case review officer. Such forms must be filled out by the NGO, not by the refugee.

Once completed, all documents are sealed in an appropriately sized envelope and mailed or delivered to the office of the Refugee Coordinator. The sending office should retain a copy in case the documents are subsequently lost.

U.S. Refugee Admissions Program Refugee Referral Form Guidelines
Note: the form must be completed in English.

Section A. Principal Applicant Information: Last name, first name, patronymic, as well as any other names the applicant has ever used, including maiden name, in chronological order. Place of birth must include city, administrative center or village, and country. The Principal Applicant’s photograph must be attached to the upper right corner of the first page.

Section B. Family/Case Information: All fields must be completed. Do not leave blank spaces; if necessary, write “not applicable” or “unknown.” These responses apply to all family members. For example, if the Principal Applicant is Uzbek and the wife is Russian, it should be written: Uzbek (Principal Applicant/PA), Russian (wife).

Section C. Relatives Accompanying the Principal Applicant (PA): List the full names of all accompanying relatives, their relationship to the principal applicant (son, aunt, spouse’s relatives), gender, marital status, date of birth, place of birth, including city, administrative center or village, and country. Attach photographs of accompanying relatives on the first page.

Section D. Refugee Status Statement: The account must contain sufficient information for the Refugee Coordinator to determine whether the case meets the program’s criteria. The text should describe the harm caused to the Principal Applicant or fears that such harm may occur.

Section E. Signatures: The form must be completed in English and first signed by the interpreter. The form must contain the Principal Applicant’s signature and his/her fingerprints. It must also be signed by the relevant authorized NGO staff member and the NGO case review officer (office director or his/her authorized representative), if that is not the same person.

A copy of the UNHCR mandate letter (with a high-quality photograph) must accompany the form, except in rare cases when this is impossible.

Document Checklist
Each submission must include:
Ё the US Refugee Admissions Program Refugee Referral Form, including all additional pages, signatures, and fingerprints
Ё Photographs of the Principal Applicant and family members
Ё Copy of the UNHCR mandate letter (if available)
Ё Copy of passport (if available)
Ё Copies of all residence and registration documents (if available)

The document package must be delivered to Regional Refugee Coordinator Timothy Richardson at the U.S. Embassy in Moscow.

Appendix 1

Definition of “Refugee” in the United States under Section 101(a)(42) of the Immigration and Nationality Act (INA):

The term “refugee” means

(A) 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, or
(B) in such circumstances as the President after appropriate consultation (as defined in section 207(e) of this Act) may specify, any person who is within the country of such person’s nationality or, in the case of a person having no nationality, within the country in which such person is habitually residing, and who is persecuted or who has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

The term “refugee” does not include any person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion.

For purposes of this Act, a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a person who has a well-founded fear that he or she will be forced to undergo such a procedure or be persecuted for such failure, refusal, or resistance shall be deemed to have a well-founded fear of persecution on account of political opinion.

3.

Space for
photograph

U.S. Refugee Admissions Program. Refugee Referral Form
For submission to the refugee coordinator
**(**for authorized NGOs only)

Section A. Information about the Principal Applicant :
Principal Applicant’s Name: (Last) . (First) . (Middle / Other Names) ______________________________________________________________________ Date of Birth: (mm/dd/yy) __________ Sex: _________ Place of Birth: ___________________ Citizenship: _____________________________________ Telephone: ______________________ Address in Country of Residence: _______________________________________________

Section B: Family/Case Information:

Total number of persons: ________________

Ethnic group: _____________________________________________________________

Religion: ________________________________________________________________

Languages spoken by applicant ___________________________________________________

Relatives in the U.S. (if any) _______________________________________________________

Date of departure (country applicant left) ______________

Date of arrival (country where applicant seeks refuge) ______________

Status in country of residence:__________________________________________________________
Attach passports and other documents under which the applicant resides

How the NGO first made contact with the applicant: __________________________________

_________________________________________________________________________________

US Admissions Program Refugee Referral 09/29/2006
Bureau of Population, Refugees, and Migration
Office of Admissions

Section C: Relatives Accompanying the Principal Applicant:(Attach additional sheets in the same
format if needed.)
Name Relationship to Principal Applicant Sex Marital Status Date of Birth mm/dd/yy Place of Birth Citizenship
2.
3.
4.
5.
6.
7.
8.

Section D: Application for Refugee Status: (submit a detailed, fact-based
statement of the principal applicant’s claim that he/she has suffered serious harm in the country of which he/she
is a citizen, or in the country of habitual residence for stateless persons. Attach additional sheets if necessary,
indicating the refugee’s full name at the top of each sheet.)
_________________________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

Section E: Grounds for Referral (compelling humanitarian arguments justifying
the need for resettlement, such as an ongoing threat to personal safety, medical considerations, other).
__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

__________________________________________________________________________________

US Admissions Program Refugee Referral 09/29/2006
Bureau of Population, Refugees, and Migration
Office of Admissions

Section F. Signatures:
_____________________________ Name of Authorized NGO ____________________________________ Date of Referral ___________________________________ Signature of Principal Applicant Right Index Fingerprint (if illiterate – fingerprint only) ____________________________________ Authorized NGO Staff (printed name and signature) __________________________________________ Reviewing NGO Supervisor /In-Country Representation Supervisor (printed name and signature) _____________________________ Translator (printed name and signature)

US Admissions Program Refugee Referral 09/29/2006
Bureau of Population, Refugees, and Migration
Office of Admissions

4.

In English
U.S. Refugee Admissions Program. Refugee Referral Form
For Referral to the Refugee Coordinator
(for authorized NGOs only)

US refugee admission program refugee referral form

5

Case Composition Principles
for the U.S. Refugee Resettlement Program

The U.S. Citizenship and Immigration Services divides large families into several cases, each consisting of one Principal Applicant (PA), his/her spouse, and their unmarried minor children.

a. “Unmarried” means not currently married and childless. A divorced child may be included in the case if he/she is a minor, but if he/she has children of his/her own, then he/she cannot be in the case with his/her parents.

b. “Minor” means under the age of 21 at the time of departure to the U.S. Because the processing of a case for departure takes 4–6 months, please create separate cases for individuals older than 20 years and 6 months.

c. “Children”: the term refers to the biological children of the principal applicant and/or spouse. The “and/or” means that stepchildren are eligible under the program. The issue of adopted children is quite complex, so please inquire with IOM Moscow if you encounter such a case.

All other family members, such as parents, siblings, cousins, and persons who are not relatives, generally have their own cases and follow the same rules. This also applies to minor “other” family members, as may sometimes happen with siblings.
For example, a family consists of the principal applicant, his wife and child, his elderly parents, and his 16-year-old sister (i.e., the daughter of his parents). In such a case there would be 2 cases: the principal applicant, his wife, and their child in the first case, and the parents and sister in the second. However, if the sister were over 21 or had a child, she would be in a third case.

Each case must prove that it meets the program’s criteria. Separate cases should concentrate on proving facts of persecution with respect to the members of that case only. In the example above, the evidence of persecution provided by the principal applicant is connected to acts of persecution against his parents and sister, but is not identical to them. The application must reflect the problems they had or events they feared based on the five grounds, or evidence of direct impact.

6.

How to Write an Appeal for the U.S. Refugee Resettlement Program

  1. Very important: The Immigration Service calls a refugee appeal a “Request for Reconsideration.” Please write “Request for Reconsideration of” + the case number on each page you submit.

  2. Such a request must contain not only a telephone number but also a return address to which a reply can be sent.

  3. The request must be written in the applicant’s native language and in English.

  4. The request must be written in the first person (i.e., this happened to me… and “then I told him…”). The request may be written on behalf of the principal applicant (for example, in case of illiteracy), but it must be done as though the principal applicant had written it himself.

  5. Both the native-language and the English-language requests must be signed by the principal applicant with his original signature; faxes are not accepted. Please sign in blue ink so that it does not look like a photocopy.

  6. The request must contain explanations regarding the point on which the denial was based. To do this, you must carefully review the decision on the case issued by the Embassy officer.

  7. The request must contain new information—that is, not repeat what was already said during the interview. You must also be careful not to provide information that contradicts what was stated during the interview.

  8. Pay attention: the request must be submitted within the established timeframe, within 90 days after the decision is issued.

  9. It can be sent either through IOM or by mail directly to the Embassy:
    Russia, Moscow
    Embassy of the United States of America
    Novinsky Blvd. 19/23
    U.S. Immigration Service

  10. The review process usually takes from 3 months to a year; the result will be sent to the address you provided.

Unofficial Recommendations

A. Do not set your hopes too high; the percentage of cases reconsidered is extremely low.

B. The English-language version must be typed either on a typewriter or on a computer.

C. The English version must be checked and corrected by a person with a strong command of the language.

D. The statement should be concise—no more than 2-3 pages.

E. Supporting documents, such as a human rights report or newspaper/magazine clippings, should be attached only if the applicant’s name is mentioned in them. General information, living conditions in the country, or reports on the current situation are disregarded.

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