The U.S. led war in Iraq, has left many Iraqi nationals internally displaced. Many of Iraq’s religious and ethnic minorities fear returning to Iraq, and being targeted for persecution based on their race, nationality, religious beliefs, ethnicity, political opinion, or membership in a particular social group.
In an effort to offer a safe harbor to Iraqi’s who have been displaced, the U.S. has willingly offered assistance to these displaced individuals, and has even broadened the category of Iraqi’s who are eligible for refugee resettlement in the U.S.
Refugee Defined
The Immigration and Nationality Act defines “Refugee” as any person who is outside their country of nationality, and who has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. See INA § 101(a)(42)(A). This “well-founded fear” must also make the person unwilling or unable to return to the country of feared persecution. Id. Further, even where the person with a well-founded fear of persecution based on one of the aforementioned grounds is still in the country of feared persecution, the President of the U.S., may in his discretion specify that person as a refugee. See INA § 101(a)(42)(B).
Person’s Eligible to Directly Apply for Refugee Status with USRAP
National’s of Iraq who have assisted the U.S. by offering services as an interpreter or translator are eligible to directly apply for refugee status in the U.S. through the United States Refugee Admission Program (USRAP). See http://www.state.gov/g/prm/rls/fs2011/163502.htm. Moreover, in an effort to assist more of Iraq’s displaced nationals, the U.S. has expanded the categories of Iraqi Nationals eligible for “Direct Access” to the U.S. via USRAP, to those currently displaced in Egypt and Jordan, who supported U.S. directives in Iraq. Id. Direct Access is available to Iraqis who are spouses, children, parents, or siblings of U.S. citizens, or who are the spouses or unmarried children of a Permanent Resident Alien of the U.S., via an approved I-130 Immigrant Visa Petition. Id. Individuals who qualify for these categories, may directly access USRAP in Egypt, Jordan, and Iraq. Id.
In addition, the U.S. has recognized that Iraqi’s who have been subjected to religious persecution due to their affiliation with Iraq’s religious minorities, or who fear persecution based on their religious beliefs, are also given particular care when applying for refugee status. Id. In sum, the U.S., has expanded access to USRAP to Iraqi’s with direct family in the U.S., who fear persecution on one of the enumerated grounds in section 101(42) of the Immigration and Nationality Act.
Applications for refugee status in the U.S. are processed based on various priority categories. Priority 1 involves direct referrals to USRAP by the United Nations High Commissioner for Refugees (UNHCR), a United States Embassy, or a designated non-governmental organization (NGO). Priority 2 deals with groups of special humanitarian concern identified by USRAP. Priority 3 deals with cases of family reunification. See www.uscis.gov.
Refugees Already in the U.S. Petitioning for Their Relatives in Iraq Facing Persecution
Further, refugees who have already arrived in the U.S. may also file Form I-730 Refugees/Asylee Relative Petition. This form allows individuals admitted as refugees to the U.S. to apply on behalf of spouses, children, parents, and siblings. Id. The application must be filed within two years of the principal refugee’s admittance to the U.S. Typically, I-730 take seven to nine months to be adjudicated. Once a National of Iraq is admitted to the U.S. as a refugee, they must remain in refugee status for 12 months before filing an application to adjust their status to a Lawful Permanent Resident. See http://www.state.gov/g/prm/rls/fs2011/163502.htm. While waiting to adjust status, the refugee is expected to apply for work authorization and work in the U.S. Id.
In Sum . . .
Nationals of Iraq who have a well-founded fear of persecution based on their race, nationality, religion, membership in a particular social group, or political opinion, are eligible to apply for refugee status with the U.S. government. For some displaced Iraqi’s in Jordan and Egypt, this may be done through Direct Access to USRAP. Other displaced Iraqi’s have the option of registering with UNHCR offices, which may refer eligible refugees to USRAP. Moreover, once a refugee is admitted to the U.S., they have available to them various mechanisms to bring members of their “nuclear family” to the U.S.
For more information, or to determine whether you or your family members are eligible to apply for Refugee Status with the U.S. government, feel free to contact our offices.
