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R 151714Z OCT 08
FM SECSTATE WASHDC
TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE
AMEMBASSY TRIPOLI 3503-
HQ CIS IAO WASHINGTON DC

UNCLAS STATE 110175 
 
C O R R E C T E D COPY - ADDRESSEE ADDED 
E.O. 12958: N/A 
 
TAGS: AMGT APER CVIS PHUM PREF
 
SUBJECT: HOW A POST CAN REFER CASES TO THE U.S. REFUGEE 
ADMISSIONS PROGRAM 
 
REF: A. STATE 326248 
¶B. STATE 109618 
¶C. STATE 109949 
 
¶1. Summary. The U.S. operates a refugee resettlement 
program coordinated by the State Department through the 
Bureau of Population, Refugees and Migration, Office of 
Admissions (PRM/A). Under this program, tens of thousands 
of refugees of many nationalities are identified, 
interviewed, and ultimately resettled in the United States 
each year. All Posts are authorized to identify and refer 
applicants to this program. This cable provides guidance 
regarding who might be considered for referral to the U.S. 
Refugee Admissions Program (USRAP) and how it works. 
Posts without Refugee Coordinators are advised to 
designate an officer or establish a committee responsible 
for vetting potential referrals. Posts needing additional 
guidance on the referral process should contact PRM/A or 
email the PRM Admissions collective. This cable updates 
and supersedes State 326248, issued in November 2003 with 
the same subject line. 
Contents: 
Definitions: Paras 2-7 
Brief Summary of USRAP steps: Paras 8-11 
The Mechanics of Referring a Case: Paras 12-14 
Things to Consider Before Referring a Case: Paras 15-19 
Referrals that Require Department Authorization: Paras 
20-21 
End Summary. 
 
DEFINITIONS: 
 
¶2. Refugee: A refugee is defined under U.S. law, section 
101(A)(42) of the Immigration and Nationality Act, as a 
person who is outside his/her country of origin or 
habitual residence, and who is unable or unwilling to 
return to that country 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. The same section further 
provides that the word "refugee" does not/not include any 
person who ordered, incited, assisted or otherwise 
participated in the persecution of any person on account 
of any of the five specified grounds. In addition, 
section 101(A)(42) also provides that "persecution on 
account of political opinion: includes forced abortion or 
involuntary sterilization, as well as persecution for 
refusal to undergo such a procedure or for other 
resistance to a coercive population control program." 
 
¶3. Beginning in FY 2005, as authorized in section 
101(A)(42), the President has also specified that in 
exceptional circumstances, persons identified by any U.S. 
Embassy may be considered refugees for the purpose of 
admission to the United States even if they are within 
their countries of nationality or habitual residence. 
Such an in-country referral can be made from any location 
in the world, with the understanding that Significant 
Public Benefit Parole (SPBP - a program administered by 
the Department of Homeland Security) will continue to be 
the solution for most such cases. Prior to FY 2005, the 
President had specifically authorized in-country 
processing only in certain locations, including 
Eurasia/Baltic States, Vietnam, and Cuba. 
 
¶4. Referral: A referral to the USRAP is a mechanism by 
which a case (be it an individual or a family) may enter 
the processing stream. The United Nations High 
Commissioner for Refugees (UNHCR) routinely refers cases 
to the USRAP. Posts also have this ability. Referral 
into the program gains access to processing for the case 
(steps described briefly below at para 8); it does not 
guarantee that a case will ultimately be approved or 
resettled in the U.S., although a high percentage of UNHCR 
and Embassy referrals are successful. UNHCR and Embassy 
referrals are referred to as "Priority One" (P-1) cases. 
 
¶5. Durable Solution: This term is used to describe the 
need for a permanent or long-term solution to a refugee's 
situation, either through voluntary repatriation to 
his/her country of origin, integration locally in the 
country of first asylum (the place to which the refugee 
fled) - including a legalized status, or third country 
resettlement (i.e. resettlement in the U.S. or other 
resettlement country). 
 
¶6. Priority One (P-1) Referrals: The underlying reasons 
for making a P-1 referral to the USRAP are as follows: 
A) Compelling humanitarian reasons as a result of a 
particular vulnerability or protection problem. These 
could include the inability of the local government or 
UNHCR to ensure the safety of a certain individual due to 
ethnic or other tensions; conditions in a refugee camp or 
wherever the person has temporary asylum; or any personal 
situation, such as medical or mental health issues that 
affect the person's security or well-being. 
B) Claims to have suffered or fear serious harm on account 
or race, religion, nationality, membership in a particular 
social group, or political opinion. Post should evaluate 
whether the person being considered for a referral has 
suffered or fears serious harm in his or her country of 
nationality, or if stateless, in the country of last 
habitual residence. Serious harm could include threats to 
life or freedom; cumulative instances of harassment or 
discrimination; severe physical abuse, violation of an ind 
ividual's fundamental beliefs; substantial economic harm; 
rape or sexual abuse; or psychological harm based on 
serious harm to a family member or other third party. 
C) Absence of any other durable solution (see para 5 
above). 
 
¶7. Where the primary reason for the referral is 
humanitarian, it is important to note that the candidate 
for referral still must claim to fear or have suffered 
serious harm in the country of origin. Compelling 
humanitarian reasons alone are not enough to support a 
referral. Also note that post need not try to determine 
for certain that a potential case has a solid refugee 
claim before referring the case to the USRAP. Post should 
consider whether the person claims to have suffered or 
fear serious harm. Post must always bear in mind that the 
serious harm at issue must have taken place or be feared 
in the applicant's country of nationality (or if 
stateless, in his/her country of last habitual 
residence). Serious harm in the country of asylum is 
insufficient to sustain a referral to meet the U.S. 
refugee definition. 
 
BRIEF SUMMARY OF USRAP STEPS: 
 
¶8. A referral into the USRAP is the beginning of a 
lengthy process compared to visa issuance. The following 
steps must be successfully completed before a refugee can 
travel to the United States. Posts should bear in mind 
that these steps can sometimes be accomplished in a matter 
of days or weeks if a case is an emergency, but that the 
process typically takes at least four to six months from 
the time of referral to the date of departure. Note that 
certain refugees require enhanced security checks that may 
prevent PRM from processing the case on an emergency basis 
Step 1: Referral into the USRAP; 
Step 2: Preparation of casefile including all necessary 
forms and a case history; 
Step 3: Completion of necessary security checks for all 
individuals on the case (including, in some cases, 
Security Advisory Opinions); 
Step 4: Individual, face-to-face interview with a 
Department of Homeland Security U.S. Citizenship and 
Immigration Services (DHS/USCIS, formerly INS) officer to 
determine whether the applicant meets the definition of a 
refugee under U.S. law and whether he or she is otherwise 
eligible for U.S. admission; 
Step 5: Medical examination and clearance; 
Step 6: Assignment of the case to a U.S.-based voluntary 
resettlement agency to assist with post-arrival reception 
and placement services; 
Step 7: Preparation of the "travel packet" which includes 
all necessary identification and documentation for 
admission to the U.S.; 
Step 8: Obtaining necessary exit permissions and booking 
travel; 
Step 9: Departure for the U.S. 
 
¶9. In locations where the USRAP conducts regular 
processing, posts may rely on the Overseas Processing 
Entity (OPE) to handle steps 2-9. OPEs are currently 
operating in Accra, Bangkok, Cairo (with sub-offices in 
Amman and Damascus), Havana, Ho Chi Minh City, Istanbul, 
Kathmandu, Moscow, Nairobi, and Vienna. Most have 
regional responsibilities. However, post may also need to 
assist with some steps required to process the case. 
PRM/A will provide guidance and assistance as necessary. 
 
¶10. A case can be delayed or derailed by steps 3,4,5, or 
¶8. Should any member of the case be found inadmissible as 
a result of security checks, the case will likely not 
proceed. If the USCIS officer denies the case at 
interview, the case will not proceed unless additional 
information provided by the applicant leads DHS to 
overturn the denial. Certain medical conditions can 
render members of the case inadmissible to the U.S. even 
if the individual is otherwise approved for resettlement, 
although waivers are often possible (but in the case of 
active tuberculosis, often only after lengthy medical 
treatment). If the host government has an exit permission 
requirement, it is sometimes difficult to obtain the 
necessary permission in a timely fashion. 
 
¶11. The USRAP relies on the services of the International 
Organization for Migration (IOM) to assist with travel 
arrangements for all refugees being resettled in the 
United States. In locations where no OPE support exists, 
PRM/A will assist post in coordinating with IOM to 
actually move the refugee to the U.S. once that stage of 
processing is reached. 
 
THE MECHANICS OF REFERRING A CASE: 
 
¶12. To officially refer a case to the USRAP, Post must 
send an appropriately classified cable to the Department 
slugged for PRM/A. Info copies should be sent to the 
appropriate regional Refugee Coordinator responsible for 
Admissions (who are located in Accra, Bangkok, Cairo, 
Kathmandu, Moscow, Nairobi and Islamabad), to the U.S. 
Embassy in the refugee applicant's country of origin, and 
to DHS/USCIS at HQ CIS IAO WASHINGTON DC (ROUTING CODE 
RUEAHLA). PRM/A will coordinate a response to post, 
usually via email, concerning how best to initiate 
processing. 
 
¶13. The referral cable must include name, date and place 
of birth, nationality, gender, and relationship to the 
principal applicant for all members of the case. (Note: 
one member of the case is always designated as the 
principal applicant. This is the person who has the 
primary claim as to serious harm or fear of serious harm. 
If all members of the case have the same claim, it would 
be the head of the family. End note.) The cable should 
describe the claim and explain why the case needs 
resettlement. If the case has any particular links (such 
as relatives or other ties) to the U.S., they should be 
described in as much detail as possible. 
 
¶14. Posts should contact the Department (PRM/A) and/or 
the Embassy in the refugee's country of origin (if 
applicable) if they have procedural or substantive 
questions about handling a particular case. Informal 
consultations via email and phone can be helpful before 
drafting a referral cable. Embassies can call PRM/A at 
202-663-1056 or send email queries to the PRM/Admissions 
collective. 
 
THINGS TO CONSIDER BEFORE REFERRING A CASE: 
 
¶15. The Department wishes to ensure access to the USRAP 
 
worldwide for persons who may be in need of resettlement, 
regardless of nationality or family ties to the United 
states. While we do not want to overburden embassies, we 
hope posts will be open to identifying those individuals 
who may not have other avenues for resettlement 
consideration. 
 
¶16. Cases referred for processing by a post have 
typically involved current or former FSNs or high profile 
individuals who are known to the post. In either 
situation, the post may choose to consult with the 
Department, other involved posts (such as in the 
individual's country of origin) or UNHCR. Any such 
communication should be handled with utmost discretion. 
Violating the confidentiality of the individual's 
statements and/or identity, including acknowledging that 
an individual is an applicant for refugee resettlement, 
could compromise the individual's safety and that of 
family members in the country of origin. The State 
Department follows a policy of non-disclosure to third 
parties of information relating to an applicant's refugee 
claim similar to the policy followed by DHS/USCIS. 
 
¶17. In most instances, Priority One cases will come to 
the attention of the USRAP through referrals from UNHCR, 
whose mandate is to provide refugee protection worldwide. 
In locations where UNHCR is present, posts should, 
whenever possible, refer the individual(s) to UNHCR, which 
can then assess the case and make an appropriate referral 
to a resettlement country. In cases where UNHCR does not 
agree with post's assessment that resettlement is needed, 
post should contact PRM/A for guidance. 
 
¶18. It is also possible that an NGO working in the 
refugee's country of asylum may raise a deserving case 
with a post. The normal procedure would be to refer the 
case to UNHCR if the individual refugee is not known to 
the post. Should the NGO be unsuccessful in pursuing the 
case as a resettlement referral from UNHCR, posts may 
consider referring the case to the USRAP. Again, post 
should contact PRM/A for guidance if at all uncertain 
about the handling of a case. A limited number of NGOs 
whose staff have attended a PRM training workshop are 
permitted to refer cases directly to the USRAP. These 
workshops have been held in Accra, Bangkok, Cairo, Moscow 
and Nairobi in recent years, with attendees from NGOs in 
the host country and from the surrounding region. 
 
¶19. The Department welcomes carefully considered 
referrals to the USRAP but does not intend that posts 
would be called upon to screen large numbers of cases for 
possible referral. UNHCR- or PRM-funded staff involved in 
refugee processing already do this and are in the best 
position to deal with high volume caseloads. In most 
cases, post referrals should be for individuals who are 
known to the post or for whom the U.S. has a special 
humanitarian concern and whom the post believes have 
suffered harm or face serious harm on account of race, 
religion, nationality, membership in a particular social 
group or political opinion. 
 
REFERRALS THAT REQUIRE DEPARTMENT AUTHORIZATION: 
 
¶20. Individuals of any nationality may be referred as 
refugees if their situation warrants the referral. Most 
may be referred without prior approval from the 
Department. But prior approval is required from PRM and 
DHS/USCIS in Washington for Palestinians, North Koreans, 
and in-country referrals of any nationality. For example, 
Embassy Jakarta can refer a Burmese national in Indonesia 
without Department approval, but should seek authorization 
when referring an Indonesian national as a Priority One 
refugee applicant. 
 
¶21. To seek authorization, post should send an 
appropriately classified cable to PRM/A with info copies 
to DHS/USCIS at HQ CIS IAO WASHINGTON DC (ROUTING CODE 
RUEAHLA), and to the regional Refugee Coordinator 
responsible for Admissions. The cable should include the 
same information as a referral cable (see para 12 above). 
The Department will coordinate a response and inform post 
whether or not the case is approved as a referral. If 
approved, PRM/A will provide information about the 
processing modalities. 
¶22. Minimize considered. 
RICE 
NNNN