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U.S. Asylum and Refugee Protection
Photos courtesy of UNHCR
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USCIS Refugee, Asylum and International Operations Mission
The Refugee, Asylum and International Operations Directorate leverages its domestic and overseas presence to provide protection, humanitarian, and other immigration benefits and services throughout the world, while combating fraud and protecting national security.
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A Comparison: U.S. Humanitarian Programs
Applicants in the U.S. or at a Port-of-Entry. Asylum seekers may apply regardless of country of origin. No quotas or limits on approvals. ASYLUM PROGRAM Applicants overseas. Overall admissions ceiling and regional quotas established by President. To apply, individuals must be designated as “of special humanitarian concern” to the United States. REFUGEE PROGRAM Provides protection to qualified refugees who are already in the United States or are seeking entry into the United States at a port of entry. Asylum-seekers may apply for asylum in the U.S. regardless of their countries of origin. No quotas on the number of individuals who may apply or who may be granted each year. Provides protection to qualified refugees overseas by offering permanent resettlement to the U.S. Overall admissions ceiling and regional quotas established each FY by President and Congress. To apply, individuals must be designated as of special humanitarian concern.
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Role of USCIS as Decision Maker
USCIS officers conduct personal interviews with applicants to determine eligibility, generally with an interpreter. Refugee Corps established in FY2006; Asylum Corps established in 1991. All refugee and asylum adjudicators must complete specialized training. 4 4
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Refugee Definition INA 101(a)(42)
Persons outside their country of nationality who is unable or unwilling to return 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.* * Excludes persecutors or those who have assisted in the persecution of others. 5
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U.S. Refugee Admissions Program
The President, in consultation with Congress, establishes the number and groups of refugees eligible for admission each fiscal year. This determination sets the maximum numbers for admission but is often viewed as a target. FY 2011 Ceiling FY 2012 FY 2013 Africa 15,000 12,000 East Asia 19,000 18,000 17,000 Europe and Central Asia 2,000 Latin America/Caribbean 5,500 5,000 Near East/South Asia 35,500 31,000 Unallocated Reserve* 3,000 TOTAL 80,000 76,000 70,000 6
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Worldwide Statistics FY2012 Accomplishments:
Allocated Ceiling 75,000 77,000 73,000 70,000 Applicants Interviewed 95,000 79,952 76,751 15,032* Actual Admissions 73,311 56,424 58,238 18,235* * Through first quarter (Oct-Dec 2012) FY2012 Accomplishments: Over 76,000 refugee applicants interviewed, including nearly 16,781 Iraqis. Completed 107 circuit rides, deploying 100+ officers each quarter. 58,238 refugees from 66 nations were admitted, including 12,163 Iraqis. Improved and streamlined security vetting procedures to mitigate the effect on refugee admissions without compromising integrity/security. 8
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Asylum Receipts and Pending Workload
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Affirmative Asylum Process and Timeline
Initial Filing days days 60 days 180 days Applicant files Form I-589 at the USCIS Service Center within one year of last arrival to the United States. Background checks initiated and interview notice mailed Applicant is interviewed at one of the eight Asylum Offices, unless applicant lives far away and the interview is conducted at a circuit ride location. Asylum officer recommends decision; 100% supervisory review (and in some cases Headquarters review) before final decision issued. Applicants whose cases have been referred to the Immigration Court receive a de novo hearing of their claim.
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RAIO Domestic Presence
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Benefits of Asylum and Refugee Status
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FY2013 Challenges Workload increase in asylum context.
Access to refugee applicants and uncertain security situation overseas. Health and safety concerns of officers. Continued focus on improving and streamlining security checks. Photo courtesy of UNHCR
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