WORLDWIDE PROCESSING PRIORITY SYSTEM FOR FY 2010

UNCLAS STATE 110904 E.O. 12958: N/A TAGS: CVIS PREF SUBJECT: WORLDWIDE PROCESSING PRIORITY SYSTEM FOR FY 2010 REF: STATE 108139 ¶1. REFTEL PROVIDED THE TEXT OF THE PRESIDENTIAL DETERMINATION (PD) (2009-32) AUTHORIZING THE FY 2010 U.S. REFUGEE ADMISSIONS PROGRAM (USRAP). THE PD AUTHORIZED THE ADMISSIONS OF UP TO 80,000 REFUGEES, OF WHICH 75,000 ARE ALLOCATED AMONG REGIONS AS FOLLOWS: AFRICA: 15,500 EAST ASIA: 17,000 EUROPE AND CENTRAL ASIA 2,500 LATIN AMERICA/CARIBBEAN 5,000 NEAR EAST/SOUTH ASIA 35,000 IN ADDITION, THE PRESIDENT AUTHORIZED THE ADMISSION OF UP TO 5,000 REFUGEES THROUGH PROVISION OF AN UNALLOCATED RESERVE FOR USE AS NEEDED UPON NOTIFICATION TO CONGRESS. THIS MESSAGE PROVIDES ADDITIONAL INFORMATION REGARDING REFUGEE ADMISSIONS PROCESSING PRIORITIES FOR FY 2010. ¶2. PRIORITY SYSTEM FOR REFUGEE ADMISSIONS PROCESSING THE WORLDWIDE PROCESSING PRIORITY SYSTEM SETS GUIDELINES FOR THE ORDERLY MANAGEMENT AND PROCESSING OF REFUGEE APPLICATIONS FOR ADMISSION TO THE UNITED STATES ALLOCATED AMONGST REGIONS. THESE PROCESSING PRIORITIES ARE DISTINCT FROM THE ISSUES OF WHETHER AN APPLICANT IS LEGALLY ADMISSIBLE TO THE UNITED STATES OR MEETS THE STATUTORY "REFUGEE" DEFINITION. A DETERMINATION THAT A PERSON FALLS WITHIN A PARTICULAR PROCESSING PRIORITY PERMITS ACCESS TO CONSIDERATION BY THE USRAP AND DOES NOT ENTITLE THAT PERSO N TO ADMISSION TO THE UNITED STATES. ¶3. PRIORITY 1 CASES PRIORITY 1 ALLOWS CONSIDERATION OF INDIVIDUAL REFUGEE CLAIMS FROM PERSONS OF ANY NATIONALITY, IN ANY LOCATION OUTSIDE OF THE PERSON'S COUNTRY OF NATIONALITY, OR, IN THE CASE OF STATELESS PERSONS, COUNTRY OF LAST HABITUAL RESIDENCE, FOR WHOM RESETTLEMENT APPEARS TO BE THE APPROPRIATE DURABLE SOLUTION. PRIORITY I CASES ARE IDENTIFIED AND REFERRED TO THE PROGRAM BY UNHCR, A U.S. EMBASSY, OR A DESIGNATED NON-GOVERNMENTAL ORGANIZATION (NGO). IN EXCEPTIONAL CIRCUMSTANCES, PERSONS WITHIN THEIR COUNTRY OF NATIONALITY OR HABITUAL RESIDENCE WHO ARE IDENTIFIED BY A U.S. EMBASSY MAY, IF OTHERWISE QUALIFIED, BE CONSIDERED REFUGEES FOR THE PURPOSE OF ADMISSION TO THE UNITED STATES. ¶4. PRIORITY 2 GROUPS PRIORITY 2 INCLUDES SPECIFIC GROUPS IDENTIFIED BY THE DEPARTMENT OF STATE IN CONSULTATION WITH DHS/USCIS, NGOS, UNHCR, AND OTHER EXPERTS AS BEING IN NEED OF RESETTLEMENT. SOME PRIORITY 2 GROUPS ARE PROCESSED IN THEIR COUNTRY OF ORIGIN. IN-COUNTRY PROCESSING PROGRAMS INCLUDED IN PRIORITY 2: FORMER SOVIET UNION: THIS PRIORITY 2 DESIGNATION APPLIES TO JEWS, EVANGELICAL CHRISTIANS, AND UKRAINIAN CATHOLIC AND ORTHODOX RELIGIOUS ACTIVISTS IDENTIFIED IN THE LAUTENBERG AMENDMENT, PUBLIC LAW NO. 101-67, 599D, 103 STAT. 1261 (1989),AS AMENDED ("LAUTENBERG AMENDMENT"),WITH CLOSE FAMILY IN THE UNITED STATES. CUBA: INCLUDED IN THIS PRIORITY 2 PROGRAM ARE HUMAN RIGHTS ACTIVISTS, MEMBERS OF PERSECUTED RELIGIOUS MINORITIES, FORMER POLITICAL PRISONERS, FORCED-LABOR CONSCRIPTS (1965-68),PERSONS DEPRIVED OF THEIR PROFESSIONAL CREDENTIALS OR SUBJECTED TO OTHER DISPROPORTIONATELY HARSH OR DISCRIMINATORY TREATMENT RESULTING FROM THEIR PERCEIVED OR ACTUAL POLITICAL OR RELIGIOUS BELIEFS OR ACTIVITIES, AND PERSONS WHO HAVE EXPERIENCED OR FEAR HARM BECAUSE OF THEIR RELATIONSHIP -- FAMILY OR SOCIAL -- TO SOMEONE WHO FALLS UNDER ONE OF THE PRECEDING CATEGORIES. IRAQIS ASSOCIATED WITH THE UNITED STATES: UNDER VARIOUS PRIORITY 2 DESIGNATIONS, INCLUDING THOSE SET FORTH IN THE REFUGEE CRISIS IN IRAQ ACT, EMPLOYEES OF THE USG, A USG-FUNDED CONTRACTOR OR GRANTEE, AND U.S. MEDIA AND NGOS WORKING IN IRAQ, AND CERTAIN FAMILY MEMBERS OF SUCH EMPLOYEES, AS WELL AS BENEFICIARIES OF APPROVED I-130 (IMMIGRANT VISA) PETITIONS, ARE ELIGIBLE FOR REFUGEE PROCESSING IN IRAQ. GROUPS OF HUMANITARIAN CONCERN OUTSIDE THE COUNTRY OF ORIGIN INCLUDED IN PRIORITY 2: THE USRAP WILL CONTINUE TO PROCESS SEVERAL PRIORITY 2 GROUPS OUTSIDE THEIR COUNTRY OF ORIGIN, INCLUDING ETHNIC MINORITIES AND OTHERS FROM BURMA IN CAMPS IN THAILAND, ETHNIC MINORITIES AND OTHERS FROM BURMA IN MALAYSIA, BHUTANESE IN NEPAL, IRANIAN RELIGIOUS MINORITIES, IRAQIS ASSOCIATED WITH THE UNITED STATES, AND ERITREANS IN SHIMELBA CAMP, ETHIOPIA. (ADDITIONAL PRIORITY 2 GROUPS MAY BE DESIGNATED OVER THE COURSE OF THE YEAR.) ¶5. PRIORITY 3 FAMILY REUNIFICATION THE PRIORITY 3 CATEGORY IS FAMILY-BASED AND ONLY OPEN TO DESIGNATED NATIONALITIES. AT THE BEGINNING OF EACH FISCAL YEAR, PRM, IN CONSULTATION WITH DHS/USCIS, ESTABLISHES THE LIST OF NATIONALITIES ELIGIBLE FOR PROCESSING UNDER THIS PRIORITY. THE LIST MAY BE MODIFIED BY PRM AT ANY TIME, BUT ADDITIONS OR DELETIONS ARE GENERALLY MADE TO COINCIDE WITH THE FISCAL YEAR. THE FOLLOWING RELATIVES OF THE U.S.-BASED ANCHOR HAVE TRADITIONALLY BEEN ELIGIBLE FOR INCLUSION ON THE CASE: SPOUSES, UNMARRIED CHILDREN UNDER 21, OR PARENTS. QUALIFYING ANCHORS ARE PERSONS WHO WERE ADMITTED TO THE UNITED STATES AS REFUGEES OR WERE GRANTED ASYLUM, INCLUDING PERSONS WHO ARE LAWFUL PERMANENT RESIDENTS OR U.S. CITIZENS WHO WERE INITIALLY ADMITTED TO THE UNITED STATES AS REFUGEES OR GRANTED ASYLUM. PREVIOUSLY TO QUALIFY FOR ACCESS UNDER PRIORITY 3, AN APPLICANT MUST HAVE BEEN OUTSIDE OF HIS OR HER COUNTRY OF ORIGIN, HAVE HAD AN AFFIDAVIT OF RELATIONSHIP (AOR) FILED ON HIS OR HER BEHALF BY AN ELIGIBLE "ANCHOR" RELATIVE IN THE UNITED STATES DURING A PERIOD IN WHICH THE NATIONALITY WAS INCLUDED ON THE ELIGIBILITY LIST, AND HAVE BEEN CLEARED FOR ONWARD PROCESSING BY THE DHS/USCIS REFUGEE ACCESS VERIFICATION UNIT (RAVU). P-3 PROCESSING AND THE ACCEPTANCE OF AORS HAS BEEN SUSPENDED FOR ALL NATIONALITIES SINCE OCTOBER 2008 WHILE PRM AND DHS/USCIS EXAMINE HOW ADDITIONAL ANTI-FRAUD PROCEDURES MAY BE INCORPORATED INTO P-3 PROCESSING. IN ADDITION, THE AOR FORM IS CURRENTLY BEING REVISED TO MAKE IT AN OFFICIAL DEPARTMENT OF STATE FORM. POSTS WILL BE NOTIFIED ONCE THE REVISED FORM IS APPROVED AND P-3 PROCESSING RESUMES. UPON RESUMPTION, P-3 PROCESSING WILL BE AVAILABLE TO INDIVIDUALS OF THE FOLLOWING NATIONALITIES: AFGHANISTAN BHUTAN BURMA BURUNDI CENTRAL AFRICAN REPUBLIC COLOMBIA CUBA DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA (DPRK) DEMOCRATIC REPUBLIC OF CONGO (DRC) ERITREA ETHIOPIA IRAN IRAQ SOMALIA SRI LANKA SUDAN UZBEKISTAN ZIMBABWE VISA 93 - FAMILY REUNIFICATION FOLLOWING TO JOIN PETITIONS UNDER 8 CFR SECTION 207, A REFUGEE ADMITTED TO THE UNITED STATES MAY REQUEST FOLLOWING-TO-JOIN BENEFITS FOR HIS OR HER SPOUSE AND UNMARRIED CHILDREN UNDER THE AGE OF 21 IF THE FAMILY HAS BECOME SEPARATED. ONCE IN THE UNITED STATES, AND WITHIN TWO YEARS OF ADMISSION, THE REFUGEE MAY FILE AN I-730 REFUGEE/ASYLEE RELATIVE PETITION FOR EACH ELIGIBLE FAMILY MEMBER WITH DHS/USCIS. IF THE I-730 PETITION IS APPROVED BY DHS/USCIS (SIGNIFYING ADEQUATE PROOF OF A QUALIFYING FAMILY RELATIONSHIP),THE NATIONAL VISA CENTER THEN FORWARDS THE PETITION FOR PROCESSING TO THE EMBASSY OR CONSULATE NEAREST TO THE LOCATION OF THE BENEFICIARIES OF THE PETITION. (NOTE: IN LOCATIONS WHERE THE USRAP HAS A SIGNIFICANT PROCESSING OPERATION, THESE CASES ARE OFTEN FORWARDED TO THE OPE FOR INITIAL PROCESSING AND PRESENTATION TO DHS/USCIS RATHER THAN TO THE CONSULAR SECTION WITHIN THE EMBASSY.) CASES GAINING ACCESS TO THE USRAP THROUGH AN APPROVED I-730 PETITION ARE INTERVIEWED BY DHS/USCIS OR CONSULAR OFFICERS TO VERIFY THE RELATIONSHIPS CLAIMED IN THE PETITION AND IDENTITY, AS WELL AS TO EXAMINE ANY APPLICABLE BARS TO STATUS AND ADMISSIBILITY TO THE UNITED STATES. THESE INTERVIEWS ARE NOT REFUGEE ADJUDICATIONS. THE APPLICANTS ARE NOT REQUIRED TO DEMONSTRATE A PERSECUTION CLAIM, AS THEY DERIVE THEIR STATUS FROM THE REFUGEE (OR ASYLEE) RELATIVE IN THE UNITED STATES WHO FILED THE PETITION. BENEFICIARIES OF I-730 PETITIONS MAY BE PROCESSED WITHIN THEIR COUNTRY OF ORIGIN OR IN OTHER LOCATIONS. ¶6. THE PRM OFFICE OF ADMISSIONS (PRM/A) MANAGES THE REFUGEE ADMISSIONS PROGRAM IN COLLABORATION WITH REFUGEE COORDINATORS OVERSEAS AND DHS/USCIS. POSTS ARE ENCOURAGED TO CONTACT PRM/A AT ANY TIME FOR ASSISTANCE WITH QUESTIONS REGARDING POTENTIAL REFUGEE CASES. ¶7. MINIMIZE CONSIDERED. CLINTON