Resettlement and Immigration to the USA As of Feb ruary

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1 As of Feb ruary What is resettlement? The term resettlement generally refers to when refugees, who are outside of their home country without a permanent right to remain, are accepted under the refugee programme of another country. Refugees can also immigrate to third countries through job-related and family-related immigration programmes as long as they meet the relevant criteria. Information sheets for refugees Through its series >>Information for Refugees<<, Raphaelswerk e.v. provides information about the resettlement and immigration programmes of Australia, Canada and the USA. The information sheets offer initial guidance. They do not offer a substitute to personal counselling. Our counselling services can provide you with detailed information, advice and support with application procedures. The USA s Immigration System Below, we will outline three possibilities for immigration to the USA: 1. The US refugee programmes Family reunification (P-3 category) Spouse or children in the USA (Visa 92/93) Special Immigrant Visa 2. Immigration Family-related immigration Green Card Lottery 3. Work permits The chances of resettlement to the USA are very limited. 1. The US refugee programmes Can refugees in Germany apply for resettlement to the USA? Refugees residing in Germany can apply if they have family already living there. Then, there are two possibilities: the P-3 category for families and the Visa 92/93 for spouses as well as children. Refugees who have a right to remain in Germany are not eligible for resettlement through the US Refugee Admissions Program.

2 As of Feb ruary P-3 Category What requirements do I need to meet in order to qualify for family reunification in the P-3 category? 1. You are a spouse, an unmarried child under 21 years of age or the parent of a person who is living in the USA as a recognized refugee or accepted asylum seeker. (It is also possible that your family member obtained a permanent residence permit in the form of a Green Card, after having lived in the USA as a refugee or asylum seeker.) And 2. You are a citizen of one of the nationalities selected for admission by the US authorities. Each fiscal year, the US authorities establish a new list of nationalities. The following countries of origin were selected for the year 10/ /2016 (FY 2016): Afghanistan, Bhutan, Burma, Burundi, Central African Republic, Colombia, Cuba, Democratic People s Republic of Korea (DPRK), Democratic Republic of Congo (DRC), El Salvador, Eritrea, Ethiopia, Guatemala, Haiti, Honduras, Iran, Iraq, Mali, Somalia, South Sudan, Sri Lanka, Sudan, Syria, Uzbekistan. And 3. You are outside of your country of origin. Further requirements: 4. You have no possibility of a right to remain in Germany. 5. You can provide personal, convincing and credible grounds for past persecution in your country of origin and/or grounds that would make persecution upon return to your country of origin likely. 6. You do not represent a danger for the public order and national security due to previous professional functions and personal activities. As proof, you will be asked to provide a police certificate from all countries in which you have lived for a longer period. How can I apply for the P-3 category? First of all, your eligible family member in the USA needs to apply to the US authorities on your behalf for a proof of relationship. Local aid organisations will provide assistance in this procedure which involves requests for various pieces of evidence and possibly tests. Once the family relationship has been recognized by the authorities, the Affidavit of Relationship (AOR) can be officially registered in the USA. Subsequently, the confirmation will be sent to the Resettlement Support Center (RSC) within the International Organisation for Migration (IOM) in Moscow. Among other things, this institution is responsible for processing applications from Germany. From there you will then receive all necessary documents for an application. Required documentation includes a written statement demonstrating your refugee status. Following the processing of your application in Moscow, an appointment will be arranged for a personal interview with a US-Officer in Germany. Should you receive notification that your application has been approved, this will be followed by a medical examination in Germany. This will in turn be followed by a security check conducted in the USA. If you are given an official go-ahead for travel, the IOM office in Nuremberg will prepare your departure, for which you may apply for financial support.

3 As of Feb ruary You can obtain further information about financial support within the Reintegration and Emigration Programme for Asylum-Seekers in Germany (REAG/GARP) from the Raphaelswerk counselling services. Visa 92/93 If your spouse lives in the USA, you and/or your minor children can apply for the Visa 92/93. What requirements do I need to meet? 1. Your spouse has not been living for more than two years in the USA as a recognized refugee or accepted asylum seeker. 2. You and/or your children under the age of 21 are currently outside of the U.S. 3. You and your children over the age of 14 do not represent a danger for the public order and national security due to previous professional functions and personal activities. As proof, you will be asked to provide a police certificate from all countries in which you have lived for longer periods. For a Visa 92/93, it is not necessary to demonstrate that you hold refugee status. How can I apply for a Visa 92/93? As a first step, your spouse in the USA needs to apply for the Visa 92/93 on your behalf. Once the application has been approved, it will be sent to the US Consulate in Frankfurt. As in the P-3 procedure, refugees are requested to submit an application. The processing centre for these applications is the US Consulate General in Frankfurt/Main. The remaining procedure matches that of the P-3 category. Family members of an accepted asylum seeker (Visa 92) in the US do not receive any financial support. Special Immigrant Visa (SIV) Under certain conditions, Iraqi and Afghan translators and interpreters, as well as Iraqi and Afghan employees of the US government, may be able to apply for a special visa - the Special Immigrant Visa (SIV). When can I apply for an SIV? You are from Iraq or Afghanistan and have worked as translator or interpreter for the US Army in Iraq or Afghanistan. You are from Iraq and worked there for the US Government or on behalf of the US Government.*) You are from Afghanistan and worked there for the US Government or on behalf of the US Government.**) *) Important note: The possibility for Iraqi employees of the US Government to apply for the SIV ended on September 30, The first step of the application procedure had to be completed before this date. **) Important note: The possibility for Afghan employees of the US Government to apply ends on December 31, The first step of the application procedure has to be completed before this date. You can find further information about the SIV on the US Government s website: > Visas > Immigrants to the U.S. > Visa Types for Immigrants

4 2. Immigration As of Feb ruary Family-related immigration What does family-related immigration mean? Family-related immigration or family reunification refers to immigration applications made on the basis of having close family members already living in the USA. When can I apply for family-related immigration? You are the spouse, widow or widower or the unmarried child under the age of 21 or a parent of a US citizen who is over the age of 21. You hold a Green Card and wish to return to the USA after having lived abroad for over a year. The closer you are related to someone in the USA, the greater your chances are of being able to immigrate. The processing times in the following categories can be extremely long as only a limited number of persons are allowed to immigrate each year. The US Government provides information about current processing times on the website: > Visas > Visa Bulletin. You are unmarried and one of your parents is a US citizen. Your children may accompany you. Your spouse holds a permanent resident status (Green Card). You are under 21 years of age or unmarried and over 20 years of age and one of your parents holds a permanent resident status (Green Card). You are married and one of your parents is a US citizen. Your spouse and children may accompany you. You have a brother or sister who is over the age of 21 and a US citizen. Your spouse and children may accompany you. Green Card Lottery Every year, through the Diversity Immigrant Visa Program, the citizens of some countries are able to obtain a Green Card under certain conditions. You can register online for the Diversity Immigrant Visa through the US Government s website: This website provides the sole official access to participation in this procedure which is free of charge. Registration is usually possible for a period of several weeks around October-November of each calendar year. The successful participants are informed of their selection online between May and August of the following year and can then apply for the visa. You can find further details about the conditions of participation on the website of the US Embassy in Germany: > Visas > Immigrant Visas > Diversity Visa Program. Or via the U.S. State Department website:

5 3. Work Visas As of Feb ruary The USA has both temporary and permanent work visas. A temporary work visa allows you to take up a pre-determined employment for a particular employer in the USA. Due to the temporary nature of this visa, refugees who do not have a right to remain in Germany will not generally be granted this visa. If you meet the requirements for a permanent work visa and are in possession of a job offer there, you can immigrate to the USA. Information and Counselling Where can I find further information? The US immigration authority, the U.S. Citizenship and Immigration Services (USCIS), provides information in English about the various immigration and visa regulations on its website: Where can I seek advice? The Raphaelswerk emigrant and refugee counselling services are competent contact persons for all topics to do with: resettlement, emigration, working abroad, returning to one s home country, as well as bi-national partnerships and families. You can find out the addresses of counselling services by phoning or online at: What can I do if I do not meet the USA s selection criteria? If the possibilities outlined above do not fit your situation, our emigration counsellors can examine the resettlement and immigration regulations of other immigrant-receiving countries with you to look for further options. Find out about other prospects from the refugee counselling services. Refugee counselling services can be found in all major cities in the local offices of the welfare organisations (Wohlfahrtsverbände). Raphaelswerk e.v. is a specialist organisation within the German Caritas Association. We give expert advice on: emigration, working abroad, bi-national partnerships and families, returning to one s home country and resettlement. Our counselling is confidential and non-directive. We are bound by discretion and provide advice irrespective of nationality, religious affiliation and legal status. Visit us in one of our counselling service centres or inform yourself online at: