272002Z OCT 09

09 STATE 110904

SECSTATE WASHDC

UNCLAS STATE 110904 
E.O. 12958: N/A 
 
TAGS: CVIS PREF
 
SUBJECT: WORLDWIDE PROCESSING PRIORITY SYSTEM FOR FY 2010 
 
REF: STATE 108139 
 
¶1. REFTEL PROVIDED THE TEXT OF THE PRESIDENTIAL 
DETERMINATION (PD) (2009-32) AUTHORIZING THE FY 2010 U.S. 
REFUGEE ADMISSIONS PROGRAM (USRAP). THE PD AUTHORIZED THE 
ADMISSIONS OF UP TO 80,000 REFUGEES, OF WHICH 75,000 ARE 
ALLOCATED AMONG REGIONS AS FOLLOWS: 
AFRICA: 15,500 
EAST ASIA: 17,000 
EUROPE AND CENTRAL ASIA 2,500 
LATIN AMERICA/CARIBBEAN 5,000 
NEAR EAST/SOUTH ASIA 35,000 
IN ADDITION, THE PRESIDENT AUTHORIZED THE ADMISSION OF UP 
TO 5,000 REFUGEES THROUGH PROVISION OF AN UNALLOCATED 
RESERVE FOR USE AS NEEDED UPON NOTIFICATION TO CONGRESS. 
THIS MESSAGE PROVIDES ADDITIONAL INFORMATION REGARDING 
REFUGEE ADMISSIONS PROCESSING PRIORITIES FOR FY 2010. 
 
¶2. PRIORITY SYSTEM FOR REFUGEE ADMISSIONS PROCESSING 
THE WORLDWIDE PROCESSING PRIORITY SYSTEM SETS GUIDELINES 
FOR THE ORDERLY MANAGEMENT AND PROCESSING OF REFUGEE 
APPLICATIONS FOR ADMISSION TO THE UNITED STATES ALLOCATED 
AMONGST REGIONS. THESE PROCESSING PRIORITIES ARE DISTINCT 
FROM THE ISSUES OF WHETHER AN APPLICANT IS LEGALLY 
ADMISSIBLE TO THE UNITED STATES OR MEETS THE STATUTORY 
"REFUGEE" DEFINITION. A DETERMINATION THAT A PERSON FALLS 
WITHIN A PARTICULAR PROCESSING PRIORITY PERMITS ACCESS TO 
CONSIDERATION BY THE USRAP AND DOES NOT ENTITLE THAT PERSO 
N TO ADMISSION TO THE UNITED STATES. 
 
¶3. PRIORITY 1 CASES 
PRIORITY 1 ALLOWS CONSIDERATION OF INDIVIDUAL REFUGEE 
CLAIMS FROM PERSONS OF ANY NATIONALITY, IN ANY LOCATION 
OUTSIDE OF THE PERSON'S COUNTRY OF NATIONALITY, OR, IN THE 
CASE OF STATELESS PERSONS, COUNTRY OF LAST HABITUAL 
RESIDENCE, FOR WHOM RESETTLEMENT APPEARS TO BE THE 
APPROPRIATE DURABLE SOLUTION. PRIORITY I CASES ARE 
IDENTIFIED AND REFERRED TO THE PROGRAM BY UNHCR, A U.S. 
EMBASSY, OR A DESIGNATED NON-GOVERNMENTAL ORGANIZATION 
(NGO). IN EXCEPTIONAL CIRCUMSTANCES, PERSONS WITHIN THEIR 
COUNTRY OF NATIONALITY OR HABITUAL RESIDENCE WHO ARE 
IDENTIFIED BY A U.S. EMBASSY MAY, IF OTHERWISE QUALIFIED, 
BE CONSIDERED REFUGEES FOR THE PURPOSE OF ADMISSION TO THE 
UNITED STATES. 
 
¶4. PRIORITY 2 GROUPS 
PRIORITY 2 INCLUDES SPECIFIC GROUPS IDENTIFIED BY THE 
DEPARTMENT OF STATE IN CONSULTATION WITH DHS/USCIS, NGOS, 
UNHCR, AND OTHER EXPERTS AS BEING IN NEED OF 
RESETTLEMENT. SOME PRIORITY 2 GROUPS ARE PROCESSED IN 
THEIR COUNTRY OF ORIGIN. 
IN-COUNTRY PROCESSING PROGRAMS INCLUDED IN PRIORITY 2: 
FORMER SOVIET UNION: 
THIS PRIORITY 2 DESIGNATION APPLIES TO JEWS, EVANGELICAL 
CHRISTIANS, AND UKRAINIAN CATHOLIC AND ORTHODOX RELIGIOUS 
ACTIVISTS IDENTIFIED IN THE LAUTENBERG AMENDMENT, PUBLIC 
LAW NO. 101-67, 599D, 103 STAT. 1261 (1989), AS AMENDED 
("LAUTENBERG AMENDMENT"), WITH CLOSE FAMILY IN THE UNITED 
STATES. 
CUBA: 
INCLUDED IN THIS PRIORITY 2 PROGRAM ARE HUMAN RIGHTS 
ACTIVISTS, MEMBERS OF PERSECUTED RELIGIOUS MINORITIES, 
FORMER POLITICAL PRISONERS, FORCED-LABOR CONSCRIPTS 
(1965-68), PERSONS DEPRIVED OF THEIR PROFESSIONAL 
CREDENTIALS OR SUBJECTED TO OTHER DISPROPORTIONATELY HARSH 
OR DISCRIMINATORY TREATMENT RESULTING FROM THEIR PERCEIVED 
OR ACTUAL POLITICAL OR RELIGIOUS BELIEFS OR ACTIVITIES, 
AND PERSONS WHO HAVE EXPERIENCED OR FEAR HARM BECAUSE OF 
THEIR RELATIONSHIP -- FAMILY OR SOCIAL -- TO SOMEONE WHO 
FALLS UNDER ONE OF THE PRECEDING CATEGORIES. 
IRAQIS ASSOCIATED WITH THE UNITED STATES: 
UNDER VARIOUS PRIORITY 2 DESIGNATIONS, INCLUDING THOSE SET 
FORTH IN THE REFUGEE CRISIS IN IRAQ ACT, EMPLOYEES OF THE 
USG, A USG-FUNDED CONTRACTOR OR GRANTEE, AND U.S. MEDIA 
AND NGOS WORKING IN IRAQ, AND CERTAIN FAMILY MEMBERS OF 
SUCH EMPLOYEES, AS WELL AS BENEFICIARIES OF APPROVED I-130 
(IMMIGRANT VISA) PETITIONS, ARE ELIGIBLE FOR REFUGEE 
PROCESSING IN IRAQ. 
GROUPS OF HUMANITARIAN CONCERN OUTSIDE THE COUNTRY OF 
ORIGIN INCLUDED IN PRIORITY 2: 
 
THE USRAP WILL CONTINUE TO PROCESS SEVERAL PRIORITY 2 
GROUPS OUTSIDE THEIR COUNTRY OF ORIGIN, INCLUDING ETHNIC 
MINORITIES AND OTHERS FROM BURMA IN CAMPS IN THAILAND, 
ETHNIC MINORITIES AND OTHERS FROM BURMA IN MALAYSIA, 
BHUTANESE IN NEPAL, IRANIAN RELIGIOUS MINORITIES, IRAQIS 
ASSOCIATED WITH THE UNITED STATES, AND ERITREANS IN 
SHIMELBA CAMP, ETHIOPIA. (ADDITIONAL PRIORITY 2 GROUPS 
MAY BE DESIGNATED OVER THE COURSE OF THE YEAR.) 
 
¶5. PRIORITY 3 FAMILY REUNIFICATION 
THE PRIORITY 3 CATEGORY IS FAMILY-BASED AND ONLY OPEN TO 
DESIGNATED NATIONALITIES. AT THE BEGINNING OF EACH FISCAL 
YEAR, PRM, IN CONSULTATION WITH DHS/USCIS, ESTABLISHES THE 
LIST OF NATIONALITIES ELIGIBLE FOR PROCESSING UNDER THIS 
PRIORITY. THE LIST MAY BE MODIFIED BY PRM AT ANY TIME, 
BUT ADDITIONS OR DELETIONS ARE GENERALLY MADE TO COINCIDE 
WITH THE FISCAL YEAR. 
THE FOLLOWING RELATIVES OF THE U.S.-BASED ANCHOR HAVE 
TRADITIONALLY BEEN ELIGIBLE FOR INCLUSION ON THE CASE: 
SPOUSES, UNMARRIED CHILDREN UNDER 21, OR PARENTS. 
QUALIFYING ANCHORS ARE PERSONS WHO WERE ADMITTED TO THE 
UNITED STATES AS REFUGEES OR WERE GRANTED ASYLUM, 
INCLUDING PERSONS WHO ARE LAWFUL PERMANENT RESIDENTS OR 
U.S. CITIZENS WHO WERE INITIALLY ADMITTED TO THE UNITED 
STATES AS REFUGEES OR GRANTED ASYLUM. PREVIOUSLY TO 
QUALIFY FOR ACCESS UNDER PRIORITY 3, AN APPLICANT MUST 
HAVE BEEN OUTSIDE OF HIS OR HER COUNTRY OF ORIGIN, HAVE 
HAD AN AFFIDAVIT OF RELATIONSHIP (AOR) FILED ON HIS OR HER 
BEHALF BY AN ELIGIBLE "ANCHOR" RELATIVE IN THE UNITED 
STATES DURING A PERIOD IN WHICH THE NATIONALITY WAS 
INCLUDED ON THE ELIGIBILITY LIST, AND HAVE BEEN CLEARED 
FOR ONWARD PROCESSING BY THE DHS/USCIS REFUGEE ACCESS 
VERIFICATION UNIT (RAVU). 
P-3 PROCESSING AND THE ACCEPTANCE OF AORS HAS BEEN 
SUSPENDED FOR ALL NATIONALITIES SINCE OCTOBER 2008 WHILE 
PRM AND DHS/USCIS EXAMINE HOW ADDITIONAL ANTI-FRAUD 
PROCEDURES MAY BE INCORPORATED INTO P-3 PROCESSING. IN 
ADDITION, THE AOR FORM IS CURRENTLY BEING REVISED TO MAKE 
IT AN OFFICIAL DEPARTMENT OF STATE FORM. POSTS WILL BE 
NOTIFIED ONCE THE REVISED FORM IS APPROVED AND P-3 
PROCESSING RESUMES. 
UPON RESUMPTION, P-3 PROCESSING WILL BE AVAILABLE TO 
INDIVIDUALS OF THE FOLLOWING NATIONALITIES: 
AFGHANISTAN 
BHUTAN 
BURMA 
BURUNDI 
CENTRAL AFRICAN REPUBLIC 
COLOMBIA 
CUBA 
DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA (DPRK) 
DEMOCRATIC REPUBLIC OF CONGO (DRC) 
ERITREA 
ETHIOPIA 
IRAN 
IRAQ 
SOMALIA 
SRI LANKA 
SUDAN 
UZBEKISTAN 
ZIMBABWE 
VISA 93 - FAMILY REUNIFICATION FOLLOWING TO JOIN PETITIONS 
UNDER 8 CFR SECTION 207, A REFUGEE ADMITTED TO THE UNITED 
STATES MAY REQUEST FOLLOWING-TO-JOIN BENEFITS FOR HIS OR 
HER SPOUSE AND UNMARRIED CHILDREN UNDER THE AGE OF 21 IF 
THE FAMILY HAS BECOME SEPARATED. ONCE IN THE UNITED 
STATES, AND WITHIN TWO YEARS OF ADMISSION, THE REFUGEE MAY 
FILE AN I-730 REFUGEE/ASYLEE RELATIVE PETITION FOR EACH 
ELIGIBLE FAMILY MEMBER WITH DHS/USCIS. IF THE I-730 
PETITION IS APPROVED BY DHS/USCIS (SIGNIFYING ADEQUATE 
PROOF OF A QUALIFYING FAMILY RELATIONSHIP), THE NATIONAL 
VISA CENTER THEN FORWARDS THE PETITION FOR PROCESSING TO 
THE EMBASSY OR CONSULATE NEAREST TO THE LOCATION OF THE 
BENEFICIARIES OF THE PETITION. (NOTE: IN LOCATIONS WHERE 
THE USRAP HAS A SIGNIFICANT PROCESSING OPERATION, THESE 
CASES ARE OFTEN FORWARDED TO THE OPE FOR INITIAL 
PROCESSING AND PRESENTATION TO DHS/USCIS RATHER THAN TO 
THE CONSULAR SECTION WITHIN THE EMBASSY.) 
CASES GAINING ACCESS TO THE USRAP THROUGH AN APPROVED 
I-730 PETITION ARE INTERVIEWED BY DHS/USCIS OR CONSULAR 
OFFICERS TO VERIFY THE RELATIONSHIPS CLAIMED IN THE 
PETITION AND IDENTITY, AS WELL AS TO EXAMINE ANY 
APPLICABLE BARS TO STATUS AND ADMISSIBILITY TO THE UNITED 
STATES. THESE INTERVIEWS ARE NOT REFUGEE ADJUDICATIONS. 
THE APPLICANTS ARE NOT REQUIRED TO DEMONSTRATE A 
PERSECUTION CLAIM, AS THEY DERIVE THEIR STATUS FROM THE 
REFUGEE (OR ASYLEE) RELATIVE IN THE UNITED STATES WHO 
FILED THE PETITION. BENEFICIARIES OF I-730 PETITIONS MAY 
BE PROCESSED WITHIN THEIR COUNTRY OF ORIGIN OR IN OTHER 
LOCATIONS. 
 
¶6. THE PRM OFFICE OF ADMISSIONS (PRM/A) MANAGES THE 
REFUGEE ADMISSIONS PROGRAM IN COLLABORATION WITH REFUGEE 
COORDINATORS OVERSEAS AND DHS/USCIS. POSTS ARE ENCOURAGED 
TO CONTACT PRM/A AT ANY TIME FOR ASSISTANCE WITH QUESTIONS 
REGARDING POTENTIAL REFUGEE CASES. 
 
¶7. MINIMIZE CONSIDERED. 
CLINTON