9 FAM 203.4
Referrals for refugee status
(CT:VISA-83; 03-07-2016)
(Office of Origin: CA/VO/L/R)
9 FAM 203.4-1 Requests for Refugee
or Asylum, Referrals Overview
(CT:VISA-83; 03-07-2016)
a. Priority 1 (P-1) refugee cases include all cases
individually identified and referred to the U.S. Refugee Admissions Program by
the United Nations High Commissioner for Refugees (UNHCR), a U.S. embassy (see 9 FAM 203.4-2),
or a non-governmental organization (see paragraph d below).
b. In most instances, persons potentially in need of
protection are served by UNHCR, which has an international mandate for refugee
protection and which may refer the individuals for third country resettlement.
c. Requests at U.S. Missions:
Individuals seeking temporary refuge or asylum in the United States sometimes
approach diplomatic missions directly.
(1) If someone approaches U.S. Government agency
representatives seeking such assistance, missions should see the guidance in:
(a) 2 FAM 227,
Requests for Asylum by Foreign Nationals;
(b) 2 FAM 227.2 paragraph b, Handling Asylum Requests by
Persons Within Foreign Jurisdictions; and
(c) Refer to the most recent walk-in guidance cable for
Diplomatic and Consular Establishments.
(2) In general, refugees seeking third-country
resettlement should be referred to the host government or the nearest
representative of the United Nations High Commissioner for Refugees (UNHCR) for
information or assistance. The international community has given UNHCR the
responsibility to protect refugees worldwide.
d. NGO Referrals: Individuals
may be referred for U.S. resettlement by non-governmental organization (NGO)
employees engaged in refugee assistance or protection activities. Certain NGOs
trained by PRM and USCIS may submit cases to the regional refugee coordinator
working in the area for consideration. If an NGO approaches a post, refer them
to the nearest regional refugee coordinator.
9 FAM 203.4-2 U.S. Embassy
Referrals to the U.S. Refugee Program
(CT:VISA-83; 03-07-2016)
a. Embassy Referrals: This
section explains how an embassy may identify and refer persons for
consideration for refugee status under Priority 1.
b. Who is Eligible for an Embassy Referral?
(1) A U.S. embassy may refer any individual who
appears to meet the definition of a refugee to the U.S. Refugee Admissions
Program (USRAP) for consideration under Priority 1.
(2) Embassies may refer someone to ensure protection
or provide a durable solution in compelling circumstances. Because of resource
constraints and other foreign policy concerns, posts usually refer individuals
only because of a significant humanitarian concern, a particular U.S.
Government interest, or an especially close link to the United States.
(3) An example of Embassy referrals under Priority 1
would be someone personally known to the embassy (or to the embassy in another
country) such as a prominent member of a political opposition or religious
minority. An embassy in another country may contact you about a judge, a
well-known journalist, or lesbian, gay, bisexual, transgender, or intersex
(LGBTI) individual or advocate, for example, who has fled to avoid arrest or
has been threatened while outside the country.
(4) Of particular importance is the need to avoid
promises about approval of the case by the U.S. Citizenship and Immigration
Services (USCIS) or admissibility to the United States. Processing time should
also be considered in deciding to refer someone, since a DHS officer must
interview each refugee applicant personally and other processing requirements
(medical, security, etc.) take time.
(5) Contact the Office of Admissions in the Bureau of
Population, Refugees, and Migration (PRM/A) for help in evaluating cases or for
guidance on the most effective way to help a person in need of protection.
c. Submitting Embassy Referrals:
(1) Authority to Make Embassy
Referrals: The refugee coordinator will usually be responsible for
referring individuals to the U.S. Refugee Admissions Program. However, most
posts do not have a refugee coordinator. Such posts should submit referrals by
cable to the appropriate regional refugee coordinator and the Department
slugged for PRM/A. Posts are encouraged to consult with regional refugee
coordinators and/or PRM/A in developing referrals.
(2) How to Submit Embassy Referrals:
(a) The embassy should submit the referral by cable to
the Office of Admissions in the Bureau of Population, Refugees, and Migration
(PRM/A). PRM/A will coordinate processing of the case with the appropriate
RSC. Send the cable by IMMEDIATE precedence captioned FOR PRM/A. No
standard application form exists for an embassy referral. PRM/A recommends
that the referral include at least the following information:
(i) Biographic details, including full name and
aliases, gender, date and place of birth, nationality, and current address.
Give the same information for accompanying family members, as well as their
relationship to the principal applicant;
(ii) Reason for referral, including perceived U.S.
interest and how the Embassy knows of the individual and his circumstances;
(iii) General outline of any harm which may be viewed
as persecution or fear of harm and the reasons for such fear;
(iv) Assessment of the risk to the individual and of
the need for urgency; and
(v) Name and contact information for embassy officer
following up on the referral, including email address.
(3) When You Need Prior Department
Concurrence: You must have prior concurrence from the Department and U.S.
Citizenship and Immigration Services (USCIS) to refer persons of certain
nationalities or to refer persons located in their country of nationality or
habitual residence. Contact the Office of Admissions in the Bureau of
Population, Refugees, and Migration (PRM/A) before referring persons in the
latter category or persons of the following nationalities for consideration by
the USRAP:
(a) North Koreans; and
(b) Palestinians.
d. Processing Embassy Referrals:
If no Resettlement Support Center (RSC) is present, the Office of Admissions in
the Bureau of Population, Refugees, and Migration (PRM/A) will designate the
regional RSC to interview the applicant and family members, prepare the case
for interview by the U.S. Citizenship and Immigration Services (USCIS), and
handle other processing requirements.
e. Urgent or Emergency Cases: Notify
the Office of Admissions in the Bureau of Population, Refugees, and Migration
(PRM/A) immediately if a crisis arises which threatens the life, safety or health
of someone being processed for U.S. refugee admission. In exceptional
situations, PRM/A will coordinate with U.S. Citizenship and Immigration
Services (USCIS) about methods to address such a case. Given the number of
clearances required from a number of U.S. Government agencies before admitting
an individual as a refugee, the U.S. Refugee Admissions Program is often not
the optimal option for an individual in urgent need of protection.