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Common Questions about Humanitarian Relief

These are common questions about different forms of humanitarian relief such as the refugee program, asylum, and visas available to victims of crimes.

Common Questions about the Refugee Resettlement Program

What is the Refugee Resettlement Program?

The U.S. Refugee Resettlement Program helps immigrants fleeing persecution. U.S. immigration law does not define “persecution.” Being jailed, beaten, and/or tortured, could be persecution.

To learn more, read An Overview of the Refugee Resettlement Program.

Who is eligible to be a refugee?

The U.S. Refugee Resettlement Program allows eligible refugees to move to the U.S. Under U.S. law, to qualify as a refugee, an applicant must:

  • Be located outside of the U.S

  • Not be firmly resettled in another country

  • Be admissible to (allowed to enter) the U.S.

  • Show they were persecuted or fear persecution due to race, religion, nationality, political opinion, or membership in a certain social group

  • Be of special humanitarian concern to the U.S.

To learn more, read An Overview of the Refugee Resettlement Program.

Are there reasons why a refugee applicant might not be allowed to enter the U.S.?

Yes. An applicant might not be allowed to enter the U.S. if the government believes they are a threat to national security or a public health concern. An applicant also might not be allowed to enter if they have been deported before. To learn more about these and other reasons why someone might not be allowed to enter the U.S., read Inadmissibility, Deportation, and Bars to Reentry.

What is the refugee resettlement process?

Generally, the process begins when a person is referred to the United States Refugee Admissions Program (USRAP) for consideration as a refugee. This referral is usually made by the United Nations High Commissioner for Refugees (UNHCR), which collects documents and information to make its referral. The information is then given to a Resettlement Support Center (RSC). The RSC interviews the person (the applicant) and enters their information into the Worldwide Refugee Admission Processing System (WRAPS). This system cross-references, verifies, and then sends the information to U.S. agencies that will do in-depth background checks.

The background check results are sent to the Department of Homeland Security (DHS) and the Department of State (DOS). A DHS officer interviews the applicant and collects biometric information (like fingerprints) abroad. The fingerprints are screened using databases from multiple agencies that have access to fingerprints gathered around the world.

The interviewing officer confirms information gathered at the RSC, and inputs any new information into WRAPS. Any new information has to be verified and more security checks will be done. Any inconsistencies will put the case on hold until they are resolved. Once all information is cleared, DHS decides whether to grant the applicant refugee status and enters the decision into WRAPS.

If DHS grants refugee status, the refugee must attend a class about American culture. The refugee must also undergo a medical exam to identify any public health concerns. The medical exam results are entered into WRAPS.

If the medical exam is clear, RSCs will determine where in the U.S. to resettle the refugee and enter the decision into WRAPS. The International Organization for Migration (IOM) then arranges travel for the refugee. Before being allowed to enter the U.S., the refugee could be screened by U.S Citizenship and Immigration Services (USCIS) and the Transportation Security Administration’s Secure Flight Program.

Once the refugee arrives in the U.S., someone from a domestic resettlement agency welcomes them at the airport, and the process of resettling the refugee into their new community begins. Employees or volunteers with an agency will place refugees in apartments, help them find jobs and figure out public transit routes, and offer English and cultural classes.

Refugees are screened more carefully than any other type of traveler to the U.S. The refugee resettlement process usually takes between 18 and 24 months to complete.

How much does it cost to apply to be a refugee?

There is no application fee. If a refugee cannot afford to travel to the U.S., the International Organization for Migration (IOM) will loan them the money (interest-free) to cover the cost. Refugees typically begin paying back their travel loans six months after arriving in the U.S.

Who can be included in a refugee case?

A refugee case may include an applicant’s spouse, children (unmarried and under 21), and, in some limited circumstances, other family members.

Same-sex spouses could be included in an application if the marriage was legal. U.S. Citizenship and Immigration Services (USCIS) looks to local law where the marriage took place when determining whether it is valid for immigration purposes. Same-sex partners who are not married but who are eligible for the U.S. refugee program may have their cases cross-referenced. This allows the couple to be interviewed at the same time. If approved by USCIS, the couple will be resettled in the same geographic area in the U.S.

Common Questions about Asylum

What is asylum?

Asylum is the legal process of allowing someone who was persecuted in their home country (or fear persecution if they return) to stay and work in the U.S. It also gives people a path to become a lawful permanent resident (LPR or green card holder).

Who is eligible for asylum?

You can apply for asylum regardless of your country of origin and current immigration status. You can ask for asylum once you are in the U.S. or while trying to enter the U.S. at a port of entry.

In order to be granted asylum, you must show you suffered past persecution or fear future persecution by government agents or by nongovernment agents who the government is unable or unwilling to control. The persecution must be based on one of the following:

  • Race

  • Religion

  • Nationality

  • Political opinion (this could be an actual political opinion you have or one the persecutors believe you have)

  • Membership in a certain social group (sharing a common characteristic that is such a part of your individual identity that you cannot or should not change it, like being gay or being a member of a specific tribe)

Are there reasons why someone wouldn’t be eligible for asylum?

Yes. There are certain reasons (bars) why a noncitizen cannot apply for asylum. The first is a filing deadline. You must file your asylum application within one year after arriving in the U.S.

There are exceptions to the one-year filing deadline. To learn about these exceptions, read the “Bars from Applying for Asylum” section of An Overview of Asylum.

Along with the filing deadline, you might not be allowed to apply for asylum if you previously applied for it and were denied. You also may be barred from applying for asylum if you passed through another safe country on your way to the U.S. where you could have applied for asylum.

Even if you are able to apply for asylum, there may be reasons why you will not get it. If any of the following apply, you will not be given asylum:

  • You participated or helped in the persecution of others

  • You pose a security threat to the U.S.

  • You were firmly resettled in another country before arriving in the U.S.

  • You engaged in, encouraged, or supported terrorist activities

  • You are inadmissible (not allowed to enter the U.S.)

  • You were convicted of a “particularly serious crime” (PSC)

  • You committed a “serious nonpolitical crime” (SNC)

To learn more about the reasons why you might not be given asylum, read An Overview of Asylum.

What is the application process for asylum?

There are two ways to ask for asylum in the U.S.: an affirmative process and a defensive process. Both processes are discretionary, meaning an immigration judge (IJ) or asylum officer (AO) does not have to grant you asylum, even if you are eligible for it. You must show you are eligible for asylum, and you must also show your case merits it. IJs and AOs are supposed to review all factors in your case. However, the danger of persecution should outweigh most factors not in your favor, such as using a smuggler to get to the U.S.

To learn more about these processes, read An Overview of Asylum.

Common Questions about Withholding of Removal

What is withholding of removal?

Withholding of removal under U.S. immigration law and the United Nations Convention Against Torture (CAT) is a form of relief from deportation available to noncitizens. This form of relief is typically requested by someone who is not eligible for asylum.

Who is eligible for withholding of removal?

In order to be granted withholding of removal under U.S. immigration law, you must establish that if you were deported to your home country, your life or freedom would be threatened based on one of the following:

  • Race

  • Religion

  • Nationality

  • Political opinion (this could be an actual political opinion you have or one the persecutors believe you have)

  • Membership in a certain social group (sharing a common characteristic that is such a part of your individual identity that you cannot or should not change it, like being gay or a member of a specific tribe)

In order to be granted withholding of removal under the United Nations Convention Against Torture (CAT), you must prove that you will be tortured for any of the following reasons:

  • To get information or a confession from you or another person

  • To punish you or another person

  • To intimidate you or another person

  • For any other reason based on discrimination

To learn more, read An Overview of Withholding of Removal.

Are there reasons why someone wouldn’t be eligible for withholding of removal?

Yes. There are certain reasons (bars) why people will not get withholding of removal. You can be barred if you are in any of these categories:

  • You participated or helped in the persecution of others

  • You pose a security threat to the U.S.

  • You were convicted of a “particularly serious crime” (PSC)

  • You committed a “serious nonpolitical crime” (SNC)

To learn more, read An Overview of Withholding of Removal.

What is the application process for withholding of removal?

To apply for withholding of removal under U.S. immigration law or the United Nations Convention Against Torture (CAT), you need to file Form I-589, Application for Asylum and Withholding of Removal with USCIS. Although USCIS offers instructions, applying for withholding of removal is complex. You should strongly consider speaking with an immigration lawyer before you file anything. Use the Guide to Legal Help to find immigration lawyers and legal services in your area.

There is no filing fee for your application, and there is no filing deadline you have to meet.

Common Questions about Protection for Immigrant Survivors of Domestic Violence

What is VAWA?

The Violence Against Women Act (VAWA) offers some victims of domestic violence a path to become lawful permanent residents (LPRs or green card holders). VAWA protections apply to both women and men.

Who is eligible for relief under VAWA?

An abused spouse, former spouse, or child of a U.S. citizen may be eligible to petition for themselves without the abuser’s knowledge. Parents who are being abused by an adult citizen child may also be able to apply for relief if their abusive child is 21 years old or older.

An abused spouse, former spouse, or child of an LPR may also petition for themselves. Parents of an abusive LPR cannot petition for themselves under VAWA.

To learn more, read Protection for Immigrant Survivors of Domestic Violence.

What is the application process for VAWA?

The process begins when you file Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant with USCIS. While instructions and information about filing this form are available on the USCIS website, you may want to talk to an immigration lawyer before you file anything. Use the Guide to Legal Help to find immigration lawyers and services near you.

If you are living abroad, you may file Form I-360 if any of the following are true:

  • The abuser is an employee of the U.S. government;

  • The abuser is a member of the uniformed services; or

  • You were abused in the United States.

Processing times may vary. To get an idea of how long USCIS may take to process your petition, use the USCIS Processing Time tool. Select “VSC – Vermont Service Center” in the Service Center dropdown menu, and click on “Service Center Processing Dates.” Look at the date in the “I-360 – Petition for Amerasian, Widow(er), or Special Immigrant – Violence Against Women Act (VAWA)” row.

Common Questions about Visas Available to Victims of Crimes

What visas are available to victims of crime?

U visas and T visas are available to certain victims of crimes and their families.

U visas are available to victims of certain crimes who help law enforcement (like police and prosecutors) in the investigation or prosecution of those crimes. U visas are valid for four years, which means if you get one, you can live and work in the U.S. for that time. U visas also provide a path to becoming a lawful permanent resident (LPR, or green card holder).

T visas are available to victims of human trafficking who help law enforcement (like police and prosecutors) in the investigation or prosecution of those crimes. Human trafficking is a form of modern-day slavery in which traffickers prey on people who are often poor, unemployed, and lack access to help. T visas are valid for four years, which means if you get one, you can live and work in the U.S. for that time. T visas also provide a path to becoming an LPR.

Who is eligible for these visas?

To be eligible for a U visa, all of the following must be true:

  • You are the victim of a qualifying crime;

  • You have suffered substantial physical or mental abuse as a result of the crime;

  • You have information about the crime;

  • You are helping, have helped, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime, and the law enforcement agency signs a certification to that effect;

  • The crime occurred in the U.S. or violated its laws; and

  • You are allowed to enter the U.S. (admissible).

Some examples of qualifying crimes are trafficking, sexual exploitation, domestic violence, and involuntary servitude. For a complete list, look at the “Qualifying Criminal Activities” section on the U visas wepabge of the U.S. Citizenship and Immigration Services (USCIS) website.

If you are under 16 or unable to provide information due to a disability, a parent, guardian, or next friend may be able to help law enforcement on your behalf.

To be eligible for a T visa, all of the following must be true:

  • You are a victim of human trafficking;

  • You are in the U.S., American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking;

  • You help law enforcement in the investigation or prosecution of human trafficking;

  • You show you would suffer extreme hardship if you were deported;

  • You are admissible to enter to the U.S..

If you are under 18 or you are unable to help with the trafficking investigation because of physical or psychological trauma, the requirement that you help law enforcement may be waived.

To learn more, read Visas Available to Victims of Crimes.

Are there annual caps to these visas?

Yes. Only 10,000 U visas per year can be granted to principal petitioners (individual victims of crimes applying for U visas). However, there is no cap for derivative U visas for qualifying family members.

Only 5,000 T visas per year can be granted to principal petitioners (individual victims of trafficking applying for T visas). However, there is no cap for derivative T visas for qualifying family members.

To learn more, read Visas Available to Victims of Crimes.

What is the application process for a U visa?

To apply for a U visa, file all the following with the USCIS Vermont Service Center:

While the USCIS website offers instructions on completing and filing the forms, you may want to speak with an immigration lawyer before you file anything. Use the Guide to Legal Help to find immigration lawyers and legal services in your area.

The Michigan Immigrant Rights Center may be able to help you with your immigration case. Contact them to learn more.

What is the application process for a T visa?

To apply for a T visa, file all of the following with the USCIS Vermont Service Center:

While the USCIS website offers instructions on completing and filing the forms, you may want to speak with an immigration lawyer before you file anything. Use the Guide to Legal Help to find immigration lawyers and legal services in your area.

The Michigan Immigrant Rights Center may be able to help you with your immigration case. Contact them to learn more.