Eligibility: Who May Apply to Be Resettled in the United States as a Refugee?

Eligibility Criteria

Each year, the United States resettles a limited number of refugees. Eligibility for consideration is governed by a system of processing priorities. Refugees may be eligible for an interview for resettlement in the United States if:

• UNHCR or the U.S. embassy refers them to the United States for resettlement, or

• They are members of specified groups with special characteristics in certain countries as determined periodically by the United States government. (For some groups, only those with relatives in the United States are eligible.)

To qualify as a refugee, you must be able to prove that you meet the Immigration and Nationality Act's definition of refugee. Generally, refugees are people who were persecuted in their homelands or have a well-founded fear of persecution there on account of race, religion, nationality, membership in a particular social group, or political opinion.

You are not eligible for refugee status in the United States if you have ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion.

You are not eligible for refugee status in the United States if you have been firmly resettled in another country. You will be considered firmly resettled if you have been offered resident status, citizenship, or some other type of permanent residence in a country other than the United States and the homeland from which you are fleeing. Other instances which may be considered firm resettlement are if you hold dual citizenship with a third country or if you are entitled to automatic citizenship in a third country, and you have no fear of persecution in that third country.

You are generally not eligible to apply for refugee status if you are an immediate relative of a U.S. citizen or a special immigrant. Instead, you should apply for an immigrant visa. An immediate relative is a parent, spouse, or unmarried child under the age of 21. For more information, please see How Do I Bring My Spouse to Live in the United States?, How Do I Bring My Child to Live in the United States? , and How Do I Bring My Parent to Live in the United States?.

Admissibility

It is important to keep in mind that eligibility for refugee status is not a guarantee to resettlement in the United States. A person who is determined to be a refugee must also be otherwise admissible to the United States under INA § 212(a) or be granted a waiver of inadmissibility. Certain grounds of inadmissibility relating to the likelihood that the person would become a public charge, requirements for labor certification, and documentation requirements do not apply to refugees. However, a refugee who, for example, has a criminal record or certain serious health problems may be inadmissible to the United States. The following are examples of reasons for which a refugee may not be admitted to the United States:

• A person who is determined to have a communicable disease of public health significance

• A person who is determined to have certain serious physical or mental disorders

• A person who is determined to be a drug abuser or addict

• A former citizen of the United States who renounced citizenship for tax purposes

• A person who has committed a crime of moral turpitude

• A person who has violated laws pertaining to controlled substances

• A person who has been convicted of two or more criminal offenses

• A person who has engaged in prostitution within the past ten years

• An individual who has committed serious crimes and has been granted immunity from prosecution

• A person who is intending to practice polygamy in the United States

• A person who is attempting to enter the United States in violation of U.S. immigration laws, or assists another person to do so

• A person who has been involved in international child abduction

• A person who is intending to enter the United States to conduct illegal activities

• A person whose admission to the United States would have potentially serious adverse foreign policy consequences to the United States

Some, but not all, of the grounds listed above may be waived by the Secretary of Homeland Security upon application by the refugee applicant. Waivers may be granted for humanitarian or public interest reasons, or to assume family unity. Ineligibility for the U.S. refugee program does not necessarily preclude eligibility for UNHCR protection or resettlement in other countries.