what is a refugee? what is aN asylee?
(CT:VISA-1780; 06-06-2023)
(Office of Origin: CA/VO)
9 FAM 203.2-1 Refugee
(CT:VISA-1780; 06-06-2023)
a. In General: A refugee is a person who is outside their country of origin and is unwilling or unable to return because of persecution or a well-founded fear of persecution based on: race, religion, nationality, membership in a particular social group, or political opinion. Persons who have ordered, incited, assisted, or otherwise participated in the persecution of others are excluded from the refugee definition. For persons with no nationality, the country of nationality is the country in which they last habitually resided. Refugees are required to apply to adjust to LPR status one year after being admitted as a refugee.
b. Visas 93:
(1) What does Visas 93 mean? The spouse or child of an approved Form I-730 filed by the principal refugee is often referred to as a follow-to-join refugee (FTJ-R), or a “Visas 93” or V93 beneficiary.
(2) Non-Discretionary: A spouse or child is automatically entitled to the same refugee status as the principal refugee; the grant of derivative status is not discretionary.
9 FAM 203.2-2 Asylee
(CT:VISA-1780; 06-06-2023)
a. In General: An asylee is a noncitizen in the United States who is found to be unable or unwilling to return to their country of nationality, or to seek the protection of that country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof must be based on the individual's race, religion, nationality, membership in a particular social group, or political opinion. Persons who have ordered, incited, assisted, or otherwise participated in the persecution of others are excluded from the refugee definition. For persons with no nationality, the country of nationality is the country in which they last habitually resided. Asylees are eligible to adjust to LPR status after one year of continuous presence in the United States.
b. Applying for Asylum:
(1) Affirmative Application: With a few exceptions, a noncitizen already in the United States may affirmatively apply for asylum irrespective of status. Decisions on whether to grant asylum to noncitizens who have affirmatively filed an asylum application are made by USCIS.
(2) Defensive Application: The Executive Office for Immigration Review (EOIR) at DOJ governs the adjudication of applications for asylum made defensively in removal proceedings before an immigration judge.
c. Visas 92:
(1) What does Visas 92 mean? The spouse or child of an approved Form I-730 filed by the principal asylee is often referred to as a follow-to-join asylee (FTJ-A), or a “Visas 92” or V92 beneficiary.
(2) Discretionary: A spouse or child is not automatically entitled to the same asylum status as the principal asylee, rather the grant of derivative status is discretionary. See 9 FAM 203.5 and 9 FAM 203.6 for additional information on discretionary factors.
9 FAM 203.2-3 Consular role in processing follow-to-join asylees and refugees
(CT:VISA-1780; 06-06-2023)
a. Consular Officers: Consular officers, particularly those at posts without a USCIS presence or where USCIS does not otherwise conduct local processing of Form I-730 petitions in accordance with the Interagency Agreement between USCIS and the Department, are required to assist in processing cases of spouses and children of refugees and persons granted asylum (“asylees”). Posts with questions about V92/V93 processing should contact CA/VO/F, which will coordinate a response with USCIS as appropriate.
b. National Visa Center: The NVC transmits Form I-730, Refugee/Asylee Relative Petitions approved by USCIS to consulates overseas.
c. More Information: For more information on role of overseas posts see 9 FAM 203.3-2, Overseas Posts.