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