INA, Section 207 - ANNUAL ADMISSION OF REFUGEES AND ADMISSION OF EMERGENCY SITUATION REFUGEES
Sec. 207. [8 U.S.C. 1157]
(a)
(1) Except as provided in subsection (b), the number of refugees who
may be admitted under this section in fiscal year 1980, 1981, or
1982, may not exceed fifty thousand unless the President determines,
before the beginning of the fiscal year and after appropriate
consultation (as defined in subsection (e)), that admission of a
specific number of refugees in excess of such number is justified by
humanitarian concerns or is otherwise in the national interest.
(2)
Except as provided in subsection (b), the number of refugees who may
be admitted under this section in any fiscal year after fiscal year
1982 shall be such number as the President determines, before the
beginning of the fiscal year and after appropriate consultation, is
justified by humanitarian concerns or is otherwise in the national
interest.
(3)
Admissions under this subsection shall be allocated among refugees of
special humanitarian concern to the United States in accordance with
a determination made by the President after appropriate consultation.
(4)
In the determination made under this subsection for each fiscal year
(beginning with fiscal year 1992), the President shall enumerate,
with the respective number of refugees so determined, the number of
aliens who were granted asylum in the previous year.
(b) If the President determines, after appropriate consultation, that (1) an unforeseen emergency refugee situation exists, (2) the admission of certain refugees in response to the emergency refugee situation is justified by grave humanitarian concerns or is otherwise in the national interest, and (3) the admission to the United States of these refugees cannot be accomplished under subsection (a), the President may fix a number of refugees to be admitted to the United States during the succeeding period (not to exceed twelve months) in response to the emergency refugee situation and such admissions shall be allocated among refugees of special humanitarian concern to the United States in accordance with a determination made by the President after the appropriate consultation provided under this subsection.
(c)
(1) Subject to the numerical limitations established pursuant to
subsections (a) and (b), the Attorney General may, in the Attorney
General's discretion and pursuant to such regulations as the Attorney
General may prescribe, admit any refugee who is not firmly resettled
in any foreign country, is determined to be of special humanitarian
concern to the United States, and is admissible (except as otherwise
provided under paragraph (3)) as an immigrant under this Act.
3/
(2)
(A) A spouse or child (as defined in section 101(b)(1)(A)
,
(B)
,
(C)
,
(D)
,
or (E)
)
of any refugee who qualifies for admission under paragraph (1) shall,
if not otherwise entitled to admission under paragraph (1) and if not
a person described in the second sentence of section 101(a)(42)
,
be entitled to the same admission status as such refugee if
accompanying, or following to join, such refugee and if the spouse or
child is admissible (except as otherwise provided under paragraph
(3)) as an immigrant under this Act. Upon the spouse's or child's
admission to the United States, such admission shall be charged
against the numerical limitation established in accordance with the
appropriate subsection under which the refugee's admission is
charged.
3/
(B)
An unmarried alien who seeks to accompany, or follow to join, a
parent granted admission as a refugee under this subsection, and who
was under 21 years of age on the date on which such parent applied
for refugee status under this section, shall continue to be
classified as a child for purposes of this paragraph, if the alien
attained 21 years of age after such application was filed but while
it was pending.
(3)
The provisions of paragraphs (4), (5), and (7)(A) of section 212(a)
shall
not be applicable to any alien seeking admission to the United States
under this subsection, and the Attorney General may waive any other
provision of such section (other than paragraph (2)(C) or
subparagraph (A), (B), (C), or (E) of paragraph (3)) with respect to
such an alien for humanitarian purposes, to assure family unity, or
when it is otherwise in the public interest. Any such waiver by the
Attorney General shall be in writing and shall be granted only on an
individual basis following an investigation. The Attorney General
shall provide for the annual reporting to Congress of the number of
waivers granted under this paragraph in the previous fiscal year and
a summary of the reasons for granting such waivers.
(4)
The refugee status of any alien (and of the spouse or child of the
alien) may be terminated by the Attorney General pursuant to such
regulations as the Attorney General may prescribe if the Attorney
General determines that the alien was not in fact a refugee within
the meaning of section 101(a)(42)
at
the time of the alien's admission.
(d)
(1) Before the start of each fiscal year the President shall report
to the Committee on the Judiciary of the House of Representatives and
of the Senate regarding the foreseeable number of refugees who will
be in need of resettlement during the fiscal year and the anticipated
allocation of refugee admissions during the fiscal year. The
President shall provide for periodic discussions between designated
representatives of the President and members of such committees
regarding changes in the worldwide refugee situation, the progress of
refugee admissions, and the possible need for adjustments in the
allocation of admissions among refugees.
(2)
As soon as possible after representatives of the President initiate
appropriate consultation with respect to the number of refugee
admissions under subsection (a) or with respect to the admission of
refugees in response to an emergency refugee situation under
subsection (b), the Committees on the Judiciary of the House of
Representatives and of the Senate shall cause to have printed in the
Congressional Record the substance of such consultation.
(3)
(A) After the President initiates appropriate consultation prior to
making a determination under subsection (a), a hearing to review the
proposed determination shall be held unless public disclosure of the
details of the proposal would jeopardize the lives or safety of
individuals.
(B)
After the President initiates appropriate consultation prior to
making a determination, under subsection (b), that the number of
refugee admissions should be increased because of an unforeseen
emergency refugee situation, to the extent that time and the nature
of the emergency refugee situation permit, a hearing to review the
proposal to increase refugee admissions shall be held unless public
disclosure of the details of the proposal would jeopardize the lives
or safety of individuals.
(e)
For purposes of this section, the term "appropriate
consultation" means, with respect to the admission of refugees
and allocation of refugee admissions, discussions in person by
designated Cabinet-level representatives of the President with
members of the Committees on the Judiciary of the Senate and of the
House of Representatives to review the refugee situation or emergency
refugee situation, to project the extent of possible participation of
the United States therein, to discuss the reasons f or believing that
the proposed admission of refugees is justified by humanitarian
concerns or grave humanitarian concerns or is otherwise in the
national interest, and to provide such members with the following
information:
(1)
A description of the nature of the refugee situation.
(2)
A description of the number and allocation of the refugees to be
admitted and an analysis of conditions within the countries from
which they came.
(3)
A description of the proposed plans for their movement and
resettlement and the estimated cost of their movement and
resettlement.
(4)
An analysis of the anticipated social, economic, and demographic
impact of their admission to the United States.
(5)
A description of the extent to which other countries will admit and
assist in the resettlement of such refugees.
(6)
An analysis of the impact of the participation of the United States
in the resettlement of such refugees on the foreign policy interests
of the United States.
(7)
Such additional information as may be appropriate or requested by
such members.
To the extent possible, information described in this subsection shall be provided at least two weeks in advance of discussions in person by designated representatives of the President with such members.
2/
(f)(1)
The Attorney General, in consultation with the Secretary of State,
shall provide all United States officials adjudicating refugee cases
under this section with the same training as that provided to
officers adjudicating asylum cases under section 208.
(2)
Such training shall include country-specific conditions, instruction
on the internationally recognized right to freedom of religion,
instruction on methods of religious persecution practiced in foreign
countries, and applicable distinctions within a country between the
nature of and treatment of various religious practices and believers.
INA Section 209 -ADJUSTMENT OF STATUS OF REFUGEES
Sec.
209. [8 U.S.C. 1159]
(a)
(1) Any alien who has been admitted to the United States under
section 207
-
(A)
whose admission has not been terminated by the 2/
Secretary
of Homeland Security or the Attorney General pursuant to such
regulations as the 2/
Secretary
of Homeland Security or the Attorney General may prescribe,
(B)
who has been physically present in the United States for at least one
year, and
(C)
who has not acquired permanent resident status, shall, at the end of
such year period, return or be returned to the custody of the
Department of Homeland Security 2/
for
inspection and examination for admission to the United States as an
immigrant in accordance with the provisions of sections 235
,
240
,
and 241
.
(2)
Any alien who is found upon inspection and examination by an
immigration officer pursuant to paragraph (1) or after a hearing
before an immigration judge to be admissible (except as otherwise
provided under subsection (c)) as an immigrant under this Act at the
time of the alien's inspection and examination shall, notwithstanding
any numerical limitation specified in this Act, be regarded as
lawfully admitted to the United States for permanent residence as of
the date of such alien's arrival into the United States.
(b)
1/
3/
The
Secretary of Homeland Security or the Attorney General, in the
Secretary's or the Attorney General's discretion and under such
regulations as the Secretary or the Attorney General may prescribe,
may adjust to the status of an alien lawfully admitted for permanent
residence the status of any alien granted asylum who—
(1)
applies for such adjustment,
(2)
has been physically present in the United States for at least one
year after being granted asylum,
(3)
continues to be a refugee within the meaning of section 101(a)(42)(A)
or
a spouse or child of such a refugee,
(4)
is not firmly resettled in any foreign country, and
(5)
is admissible (except as otherwise provided under subsection (c)) as
an immigrant under this Act at the time of examination for adjustment
of such alien. Upon approval of an application under this subsection,
the 3/
Secretary
of Homeland Security or the Attorney General shall establish a record
of the alien's admission for lawful permanent residence as of the
date one year before the date of the approval of the application.
(c)
The provisions of paragraphs (4), (5), and (7)(A) of section 212(a)
shall
not be applicable to any alien seeking adjustment of status under
this section, and the 4/
Secretary
of Homeland Security or the Attorney General may waive any other
provision of such section (other than paragraph (2)(C) or
subparagraph (A), (B), (C), or (E) of paragraph (3)) with respect to
such an alien for humanitarian purposes, to assure family unity, or
when it is otherwise in the public interest.
8
CFR
§
207.3 Waivers
of inadmissibility. (Section revised effective 4/1/97; 62
FR 10312 )
(a)
Authority
.
Section 207(c)(3)
of
the Act sets forth grounds of inadmissibility under section 212(a)
of
the Act which are not applicable and those which may be waived in the
case of an otherwise qualified refugee and the conditions under which
such waivers may be approved. Officers in charge of overseas offices
are delegated authority to initiate the necessary investigations to
establish the facts in each waiver application pending before them
and to approve or deny such waivers.
(b)
Filing
requirements .
The applicant for a waiver must submit Form I-602, Application by
Refugee for Waiver of Grounds of Inadmissibility, with the Service
office processing his or her case. The burden is on the applicant to
show that the waiver should be granted based upon humanitarian
grounds, family unity, or the public interest. The applicant shall be
notified in writing of the decision, including the reasons for
denial, if the application is denied. There is no appeal from such
decision.
File Type | application/msword |
File Title | INA 207 |
Author | user_template |
Last Modified By | EXSO/RPD (Bo Mayer) |
File Modified | 2011-11-21 |
File Created | 2009-07-09 |