9 FAM 203.3
(U) Roles and Responsibilities
(CT:VISA-1954; 03-20-2024)
(Office of Origin: CA/VO)
9 FAM 203.3-1 (U) Department of State
(CT:VISA-1954; 03-20-2024)
(U) The Department of State develops, coordinates, and manages U.S. resettlement policy and programs for refugee admission to the United States.
(1) (U) Bureau of Population, Refugees, and Migration (PRM): PRM is responsible for developing and coordinating refugee admissions policies and for management of resettlement programs. See 1 FAM 520 for a complete statement of the bureau’s organization and responsibilities.
(a) (U) Office of Admissions (PRM/A): PRM/A develops, implements, manages, and oversees policies and programs for overseas refugee processing, transportation, and initial domestic reception and placement. See 1 FAM 527 for more information on PRA/A.
(i) (U) Overseas Refugee Processing: Program officers with overseas responsibilities within PRM/A manage and oversee programs in assigned geographic areas for the selection, processing, and transportation of refugees to be admitted to the United States. These program officers also supervise and coordinate closely with operations of Resettlement Support Centers (RSCs) under cooperative agreement or MOU with PRM.
(ii) (U) Domestic Reception and Placement: Program officers with domestic responsibilities in PRM/A manage and oversee the domestic reception and placement program. PRM/A implements the program through cooperative agreements with national resettlement agencies that maintain networks of affiliates throughout the United States. These program officers coordinate with the Office of Refugee Resettlement in HHS, CDC, as well as with coordinators of state refugee programs and local providers of services to refugees in the United States.
(b) (U) Refugee Processing Center (RPC): The RPC, located in Arlington, Virginia, is the central data repository for all overseas and domestic resettlement operations. Under PRM/A, the RPC manages START, PRM's cloud-based refugee case management system. START is the Department of State database for all refugee applicants processed for resettlement consideration to the United States. The system tracks cases and generates reports on case status and worldwide admissions levels for program managers. The RPC performs security name checks for all refugee applicants. RPC manages the process of allocating refugee cases to the domestic resettlement agencies, assigns case and A-numbers, and assists consular officers in processing follow-to-join refugees (also known as Visas 93s).
9 FAM 203.3-2 (U) Overseas Posts
(CT:VISA-1954; 03-20-2024)
a. (U) General Post Support: Diplomatic missions overseas may play a variety of roles in processing derivative asylees and refugees for resettlement to the United States. Missions may assist in processing individuals identified for resettlement as follow-to-join asylees/refugees. Visas 92/93, conduct security reviews of the sites identified for refugee processing, or provide logistical support to TDY USCIS officers conducting refugee interviews.
b. (U) Embassy Officers Handling of Refugee and Asylee Cases: While many overseas U.S. missions have an interest in global humanitarian issues related to refugees, direct mission responsibility for processing individual cases for refugee resettlement is limited. Unless PRM has designated a Regional Refugee Coordinator (Refcoord), embassy officers usually handle only two types of cases:
(1) (U) Individuals under consideration for referral by an U.S. embassy under Priority 1 (see 9 FAM 203.4 for more on Embassy refugee referrals and direct requests for refuge or asylum at missions overseas); and
(2) (U) V92 and V93 cases (derivative family members who are beneficiaries of Form I-730 Refugee/Asylee Relative Petitions from refugee and asylee relatives already in the United States), which are processed by USCIS and/or consular sections at post (see 9 FAM 203.5 for guidance on processing cases for family members of asylees or refugees).
c. (U) Refugee Coordinators (Refcoords): Refcoords assigned to selected U.S. embassies overseas support the activities PRM. In the geographic area of responsibility designated by PRM, the refcoord may refer individuals for refugee processing or accept referrals of individuals from:
(1) (U) The UNHCR;
(2) (U) U.S. Embassies; and
(3) (U) Certain non-governmental organizations working with refugees.
d. (U) Designated Refugee Officers: In countries where the United States regularly processes refugees for resettlement but a Refcoord is not present, posts generally designate an officer to handle refugee admissions issues. The designated refugee officer maintains liaison with PRM/A, the RPC, and the RSC, as well as USCIS officers, UNHCR, and the International Organization for Migration (IOM).
9 FAM 203.3-3 (U) USCIS, HHS, and Other Entities
(CT:VISA-1954; 03-20-2024)
a. (U) USCIS: The Secretary of DHS has delegated the authority to determine refugee eligibility and admissibility to USCIS. Under USCIS regulations, immigration officers must interview every applicant presented for resettlement and decide if the applicant is eligible to be admitted to the United States as a refugee. USCIS officers who have received specialized refugee training conduct refugee adjudications. There is supervisory review of the decision, but there is no appeal from a denial. USCIS may accept Requests for Reconsideration on denials, however.
b. (U) HHS Office of Refugee Resettlement (ORR): ORR, established under INA 411, within HHS, funds and administers programs for resettled refugees through the states and other service providers. These programs help refugees achieve economic self-sufficiency, develop English skills, and otherwise integrate into communities in the United States. ORR is also responsible for safeguarding the welfare of refugee children who are resettled unaccompanied by a parent or other close adult relatives, and for services to victims of human trafficking.
c. (U) International Organization for Migration (IOM):
(1) (U) IOM provides a wide variety of overseas processing services under an MOU with PRM. IOM serves as a RSC in several locations, conducts or oversees medical screening in many locations, handles transportation arrangements and pre-embarkation inspections for all refugees traveling to the United States, and administers the Department’s refugee travel loan program.
(2) (U) IOM contact information for the U.S. refugee program is:
122 East 42nd Street, Suite 1610
New York, New York 10168
Telephone: (212) 681-7000
Fax: (212) 867-5887
Email: onewyork@iom.int
d. (U) Resettlement Support Centers (RSC):
(1) (U) RSCs provide processing services under the direction of PRM. They are operated by non-governmental organizations under cooperative agreements and IOM.
(2) (U) All RSCs have direct electronic access to START to facilitate refugee case processing. The RSC also maintains paper refugee files for the State Department until the refugee case either travels to the United States or case is closed.
(3) (U) The RSC screens applicants, prepares cases for USCIS adjudication, schedules refugee interviews with USCIS, prepares approved cases for travel, including medical screening, obtains an assurance from the resettlement agency in the United States and provides cultural orientation. The RSC coordinates directly with PRM, RPC, USCIS, panel physicians, UNHCR, and IOM, as needed.
(4) (U) RSC Circuit Rides: At posts where the United States processes fewer refugees, an RSC resident in another country may send staff to your country to prepare cases and support temporary duty officers from USCIS. These missions are known as “circuit rides.” USCIS will request country clearance from the post in advance of their visits and inform the post if they need logistical support.
(5) (U) Processing at Posts without an RSC: If an Embassy refers an individual for consideration for resettlement as described in 9 FAM 203.4-2, PRM/A details an RSC staff member to prepare the case and assist the adjudicating officer from USCIS. Contact PRM/A for further guidance.
9 FAM 203.3-4 (U) ROLES IN USCIS PRESENCE AND NON-PRESENCE POSTS
(CT:VISA-1954; 03-20-2024)
a. (U) USCIS and Consular Authorities:
(1) (U) As a matter of law, authority to adjudicate and process refugee and affirmative asylum applications, including Form I-730 follow-to-join derivatives of asylees and refugees, rests exclusively with DHS. See INA 207, INA 208 and 6 U.S.C. 271.
(2) (U) USCIS is the DHS administering agency, and USCIS has primary responsibility for adjudicating Form I-730 petitions for following-to-join asylees and refugees interviewed by consular officers.
(3) (U) The Executive Office for Immigration Review of DOJ also adjudicates asylum applications filed defensively or referred by USCIS but does not adjudicate Form I-730 petitions for derivative refugee or asylee status.
(4) (U) USCIS Refugee, Asylum and International Operations Directorate has primary responsibility for Form I-730 petitions filed by principal refugees and interviewed by consular officers.
(5) (U) USCIS Service Center Operations Directorate (SCOPS) has primary responsibility for Form I-730 petitions filed by principal asylees and interviewed by consular officers.
(6) (U) Consular officers act as agents of USCIS to facilitate V92/V93 case processing abroad and to verify the identity and eligibility of the following-to-join beneficiaries, but not for adjudication of the Form I-730 petition. If information is elicited or found through review of the case documents, file, or testimony during case processing that suggests USCIS should re-review the eligibility of the transferred Form I-730 petition, return the case via the NVC to the appropriate USCIS office for further action, following the guidance in 9 FAM 203.6-9 and 9 FAM 203.6-11 for reporting information relevant to whether the beneficiary is eligible for derivative refugee or asylum status.
b. (U) Consular Role in Case Processing:
(1) (U) Your role in case processing differs depending on whether USCIS has jurisdiction in the location, whether the case is a follow-to-join asylee (“Visas 92” - V92) or a follow-to-join refugee (“Visas 93” - V93), and whether the consular section has IV processing software (IVO) or is a non-IVO section. V93 cases will only be processed in IVO at IV-processing consular sections. V92 cases can be processed in either NIV or IVO and at any location.
(2) (U) 9 FAM 203.6 provides general guidance on processing V92/V93 cases. Where there is a difference in handling cases based on visa systems (NIV system vs. IVO), specific instructions are provided in the appropriate section (for example, system-related entries when a case is received in 9 FAM 203.6-2, or IVO status settings in consular returns in 9 FAM 203.6-9). Similarly, where there are different eligibility standards (for example, in 9 FAM 203.5-4(B) below on bars, discretionary denials or inadmissibilities), or different processing instructions for V92 vs. V93 cases (for example, instructions processing for V93s in 9 FAM 203.6-6, medical exams and treatment in 9 FAM 203.6-4, or guidelines on travel arrangements in 9 FAM 203.6-8), the 9 FAM guidelines specify to which cases they apply. Consular sections must carefully follow guidelines for the kind of case they are processing.
(3) (U) Regarding USCIS and non-USCIS presence posts and the consular role in V92/V93 processing, you should follow the guidelines below. A USCIS-presence post is one where USCIS is co-located, has a permanent office and a counter-presence that regularly sees the public or where USCIS otherwise conducts local processing of Form I-730 petitions in accordance with the IAA.
(a) (U) USCIS Presence Posts:
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(b) (U) Posts with No USCIS Presence: At posts where USCIS does not have a permanent office or jurisdiction, USCIS delegates the authority to process V92 and V93 beneficiaries to consular officers. Except for adjudication of the Form I-730 petition, the consular section will do all other parts of V92/V93 case processing, including scheduling and conducting the interview, determining eligibility to travel, collecting biometrics, conducting or verifying required security checks, and issuing the foil and travel packet (and, for V93 beneficiaries, coordinating travel arrangements), if travel is approved (see 9 FAM 203.6 for instructions).
c. (U) Workflow Description for V92/V93 Cases Handled by Both USCIS and Visa Units with IVO Systems (At Locations Where Foils Are Issued):
(1) (U) How to Use This Section:
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(b) (U) In addition, per paragraph b above, V93 eligibility standards and processing are different from those used in V92 cases – the example shown below notes steps which apply only to V93 or only to V92 case processing; if neither is specified, the instruction applies to both V92 and V93 cases.
(c) (U) The following workflow descriptions are intended to show how USCIS and consular sections interact in V92/V93 cases, and to give consular sections information about USCIS instructions to its officers. However, IVO posts (with a USCIS presence) must follow applicable processing guidelines in 9 FAM 203.6 related to the processing steps for which they are responsible; such posts must not rely solely on the following workflow charts for processing instructions.
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(a) (U) Receipt of Case:
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(U) USCIS receives case file from consular section and enters it into the USCIS Case and Activity Management for International Operations (CAMINO) case management system within 5 days to prepare for processing.
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(b) (U) USCIS Interview Scheduling:
(i) (U) USCIS coordinates with the consular section to determine the date on which the beneficiary can be fingerprinted by the consular section and interviewed by USCIS, keeping in mind that:
· (U) If feasible, posts should make every effort to take beneficiary biometrics on the same day as the USCIS case interview. Post procedures may vary depending on post conditions and availability of appointments; and
· (U) The interview date must be scheduled on a date in the future that allows sufficient time for the beneficiary to complete their pre-interview requirements.
(ii) (U) After USCIS receives the Form I-730 packet from the consular section, USCIS issues a Notice of Receipt and Interview to the beneficiary, petitioner, and representative of record (if any). This notice outlines the requirements that the beneficiary must complete before interview, provides any other post-specific information that the beneficiary must know, and sets a time and date for an interview. (At the discretion of the Field Office Director, a Notice of Receipt may be issued before the Notice of Interview to ensure the beneficiary complies with pre-interview requirements.)
(iii) (U) If the beneficiary appears for interview and provides fingerprints as scheduled, follow the guidance in paragraph (c) below; otherwise, see guidance in paragraph (i) below.
(c) (U) USCIS Beneficiary Interview:
(i) (U) Following the instructions on the Notice of Receipt and Interview, the beneficiary completes their pre-interview requirements. For V92 beneficiaries, the beneficiary may complete their medical examination before the interview; for V93s or at the Field Office Director’s discretion, the medical exam may be completed after the interview. If the beneficiary has not completed the medical exam, USCIS may either proceed with the interview or use discretion to reschedule the interview. If the interview is rescheduled, USCIS should provide the beneficiary with a Request for Evidence outlining the pre-interview requirements that still require completion.
(ii) (U) On the day of the beneficiary’s scheduled interview, the beneficiary’s biometrics may be taken by the consular section and the beneficiary is sent to USCIS for interview. In some locations however, USCIS will take the fingerprints themselves.
(iii) (U) The USCIS officer interviews the beneficiary using the Form I-730 Asylum or Refugee Assessment to document findings and the eligibility determination.
(iv) (U) After the interview, USCIS informs the beneficiary of next steps in the process and how they will be notified of the decision on the case.
(v) (U) At the same time, USCIS returns to the beneficiary any original civil documents. If original documents must be retained for document verification, inform the beneficiary that they will be returned at the time of decision notification.
(vi) (U) If the USCIS officer determines that the case appears approvable pending clearance of biometrics and security checks (officer has verified identity, qualifying relationship, and that no applicable bars or ineligibilities apply), go to paragraph (d) below. For V93 beneficiaries, if the beneficiary is inadmissible but the case is otherwise eligible, go to paragraph (g) below. For V92 and V93 cases, if the case cannot be approved (officer did not verify beneficiary’s identity or qualifying relationship, or the beneficiary is subject to a bar to refugee or asylee status or has a non-waived ineligibility), go to paragraph (h) below.
(d) (U) Post-Interview Processing, Biometrics and Security Checks Where Case Appears Approvable:
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(iii) (U) For both V92/V93 Beneficiaries: USCIS stamps the Form I-730 approved and grants the case in CAMINO when all required checks and the medical are valid and clear. USCIS then issues an Approval Notice.
(iv) (U) Only for V93 Beneficiaries: USCIS emails completed V93 Biodata Form, copy of Form I-730 petition, and Minor Questionnaire (if applicable) to the Refugee Processing Center (RPC) at Visa93@wrapsnet.org. This notification initiates the request for a START case number from RPC (note that certain locations such as Nairobi and CAS would already have a START number) and sponsorship assurance for the beneficiary which can sometimes take up to 8 weeks to obtain. USCIS must also notify the RPC if the beneficiary has any Class A or Class B medical conditions. PRM has transitioned from the WRAPS case management system to the START case management system.
(v) (U) Only for V93 Beneficiaries: USCIS updates CAMINO to reflect the date the assurance was requested and pauses the case Clock. After some weeks, USCIS receives the sponsorship assurance and START case number from RPC. At that time, USCIS restarts the case clock to continue case processing.
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(f) (U) USCIS Case Decision and Post-Processing – Cases Approved to Travel:
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(U) The consular section pastes/scans the documents into IVO, and enters the beneficiary A-number and, for V93 cases only, the START number into the annotation in IVO. The consular section issues the boarding foil, and places it into the beneficiary’s passport, travel document, or on Form DS-232, Unrecognized Passport or Waiver Cases, if no travel document is available. (See 9 FAM 403.9-6(B).) The travel document and associated documents are sent to USCIS. |
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(U) USCIS restarts the clock in the CAMINO case record and updates any new security check results. For V92 Beneficiaries USCIS stamps Form I-730 approved, completes and notates Part 8 of the Form I-730, and grants the case in CAMINO when all required checks and the medical are valid and clear and the boarding foil is received from Consular. USCIS then issues an Approval and Travel Eligibility Notice.
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(U) For V93 Beneficiaries Only: USCIS stamps and notates the beneficiary’s Form I-590. USCIS provides a copy of the sponsorship assurance to IOM and requests transportation arrangements on an IOM-arranged flight once the case is travel ready. |
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Once transportation is arranged by IOM, USCIS must notify the RPC of the flight information. |
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(U) If USCIS has retained any original civil documents for this case, USCIS places them in an envelope for the beneficiary. Original documents should not be included in the travel packet; |
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USCIS prepares the travel packet according to the instructions found in 9 FAM 203.6-8 paragraph b(3). A completed I-94, Arrival/Departure Card (V92 beneficiaries only), and I-765, Application for Employment Authorization, must be included in the packet. |
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USCIS provides the following items to the beneficiary (V92 beneficiaries only) or to IOM (V93 beneficiaries only): Passport, travel document, or Form DS-232 with boarding foil; Envelope with petitioner and beneficiary’s original documents (if applicable); and sealed travel packet. |
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Following local procedures, USCIS either contacts the beneficiary when these items are available for pickup or couriers them to the beneficiary. USCIS updates the Notification and Travel Document Issued fields in CAMINO to complete the case.
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(g) (U) For V93 Cases (Only), in Which Beneficiary Is Inadmissible But Otherwise Eligible:
(i) (U) If the beneficiary’s identity and qualifying relationship with the petitioner are established but they are subject to a ground of inadmissibility for which a waiver is available, USCIS should recommend that they file a Form I-602, Application by Refugee for Waiver of Inadmissibility Grounds.
(ii) (U) If USCIS approves the Form I-602 waiver, then continue processing, as per instructions in paragraph (f). If no waiver is available or USCIS denies the Form I-602 waiver, then officer follows paragraph (h) guidance below.
(h) (U) For Cases Not Approved to Travel (Processed in IVO):
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(U) USCIS marks the Decision in CAMINO as ‘Denied,’ noting the appropriate Decision Reason. Any completed security checks must also be updated in CAMINO. (U) USCIS stamps the Form I-730 denied and signs Part 8, without checking Part 8. Box “Petition Returned to Service Center via NVC.” |
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(U) USCIS issues a Notice of Denial, using the template in CAMINO, to petitioner copying the beneficiary and, if applicable, any representative of record. |
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(U) USCIS encrypts and emails the Notice of Denial to the consular section as notification that beneficiary has not been approved for travel and why. |
(U) Upon receipt of Notice of Denial from USCIS, the consular section pastes/scans the Notice of Denial memo into IVO. The applicable refusal code is also entered into the IVO case record. |
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(U) IVO is updated with the following case note indicating that USCIS has denied the Form I-730 petition: “USCIS interviewed beneficiary on <date> and did not approve <him or her> for travel. The consular section received the Notice of Denial on <date>, and USCIS is returning the case stateside for interfiling.” |
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(U) IVO case is set to TRANSFERRED status. |
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(U) If USCIS has retained any original civil documents for this case, USCIS places them in an envelope for the beneficiary. |
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(U) USCIS provides the following items to the beneficiary: Notice of Denial; an envelope containing petitioner's and beneficiary’s original documents (if applicable), including any passport or travel document collected at interview. |
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(U) Following local procedures, USCIS either contacts the beneficiary when these items are available for pickup or couriers them to the beneficiary. |
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(U) At the same time, USCIS returns the hard copy of the case file to the USCIS National Record Center. |
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(i) (U) Failure to Appear for Interview:
(i) (U) If the beneficiary does not appear for interview, USCIS sends the beneficiary, petitioner, and representative of record, if any, a Notice of Failure to Appear for Interview (using the template in CAMINO) The Notice directs the beneficiary to contact the office within 45 days and explains that failure to timely respond to the notice may result in the case being administratively closed.
(ii) (U) If the beneficiary, petitioner and/or representative (if applicable) respond promptly, USCIS schedules the beneficiary interview and issues a Notice of Second Scheduled Interview with cc to the petitioner and, if applicable the representative of record. If the beneficiary then appears for interview as scheduled, go to paragraph (c) above.
(iii) (U) If the beneficiary, petitioner and/or representative (if applicable) do not respond to the Notice of Failure to Appear for Interview within 45 days of issuance of the Notice of Failure to Appear, pursuant to a Settlement Agreement in Tsamcho v. Napolitano, USCIS will not deny a Form I-730, but instead will hold (administratively close) approved Form I-730 when the beneficiary does not appear at a U.S. consular office for an interview and processing. If the beneficiary fails to appear twice, USCIS issues a Notice of Case Closure, administratively closes the case in CAMINO with appropriate remarks, and annotates the Form I-730 near the approval stamp with “Admin Closed” and the date. USCIS will hold the file for a reasonable period of time before sending it to NRC.