Refugee Resettlement in the US

Applying for Resettlement in the United States as a Refugee

Every year millions of people around the world are displaced by war, famine, civil unrest, and political unrest. Others are forced to flee their countries in order escape the risk of death and torture at the hands of persecutors. In mid-1998, the United Nations High Commissioner for Refugees estimated the world's population of refugees and asylum seekers to be 13 million. The United States works with other governmental, international, and private organizations to provide food, health care, and shelter to millions of refugees throughout the world.

Resettlement in third countries, including the United States, is considered for refugees in urgent need of protection, refugees for whom other durable solutions are not feasible, and refugees able to join close family members. In seeking durable solutions for refugees, the United States gives priority to the safe, voluntary return of refugees to their homelands. This policy, recognized in the Refugee Act of 1980, is also the preference of the United Nations High Commissioner for Refugees (UNHCR). If safe, voluntary repatriation is not feasible, other durable solutions are sought including resettlement in countries of asylum within the region and resettlement in third countries.

In addition, the United States considers persons for admission into the United States as refugees of special humanitarian concern. People who meet the definition of a refugee and who are otherwise admissible to the United States may be resettled in the United States if they have not been firmly resettled in a third country. (Many grounds of inadmissibility may be waived for refugees.) Generally, refugees are people who are outside their homeland and have been persecuted in their homeland or have a well-founded fear of persecution there on account of race, religion, nationality, membership in a particular social group, or political opinion.

Asylum and refugee statuses are closely related; however, they differ depending on where a person applies for the status. If an applicant is already in the United States, he or she may apply for asylum status. If a person is not in the United States, he or she may be eligible to apply for refugee status. In either case, all people who are granted either asylum or refugee status must meet the definition of a refugee .

The Law on Refugees in the U.S.

The legal foundation for the U.S. refugee program comes from the U.S. Immigration and Nationality Act (INA). For the part of the law concerning the Refugee Program, please see INA § 207 (Refugees) and INA § 101(a)(42) (Definition of Refugee). Rules published in the Federal Register explain the eligibility requirements and procedures to be followed by applicants and the government. These rules are incorporated into the Code of Federal Regulations [CFR] at 8 CFR § 207.

Applying for Refugee Status in the U.S.

If you believe that you are in need of protection as a refugee, you may wish to make your concern known to the UNHCR or to an international non-profit voluntary agency. If either of these organizations is unavailable to you, you should contact the nearest U.S. embassy or consulate. Where appropriate, a representative from one of these organizations will discuss your situation with you to find out if you might be eligible to apply for resettlement in the United States. If so, you must then complete a packet of forms, and the US Citizenship and Immigration Services (USCIS) will conduct a formal interview with you to determine if you qualify for refugee status. If the USCIS determines that you should be resettled in the United States as a refugee, the U.S. State Department, together with other organizations, will then complete your processing. There are no application fees. Please see the United Nations High Commissioner for Refugees Website for contact information (www.unhcr.org), or you may call the High Commissioner's representative in the United States at (202) 296-5191.