Sec. 1563. Priority 3 family reunification cases
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Because of the importance of reuniting immediate refugee families who have been separated while fleeing from persecution, Priority 3 processing shall be made available to individuals of all nationalities, including stateless individuals. Eligible Priority 3 Affidavit of Relationship filers will include those admitted in asylum, refugee, or Afghan and Iraqi special immigrants admitted under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 8 U.S.C. 1101 note), section 1244 of the Refugee Crisis in Iraq Act of 2007 ( Public Law 110–181 ; 8 U.S.C. 1157 note), and section 602 of the Afghan Allies Protection Act of 2009 ( Public Law 111–8 ; 8 U.S.C. 1101 note).
Eligible Affidavit of Relationship (referred to in this section as AOR ) filers include individuals who are lawful permanent residents of the United States or United States citizens who initially were admitted to the United States in a status described in paragraph (1). The United States-based filer shall be at least 18 years of age at the time that the AOR is filed. The filer shall file the AOR not later than 5 years after the date they were admitted as a refugee or special immigrant or were granted asylum.
The Secretary of State may reject any AOR for a relationship that does not comport with public policy, such as under-age or plural marriages. The following family members of the United States-based family members are qualified for Priority 3 access: Spouse. Unmarried children who are younger than 21 years of age. Parents. The Secretary of State may allow a qualifying individual to file for Priority 3 access for a partner of any gender if the filer can provide evidence of a relationship with the partner for at least one year overseas prior to the submission of the AOR and considered that person to be his or her spouse or life partner, and that the relationship is ongoing, together with evidence that legal marriage was not an obtainable option due to social or legal prohibitions.
In addition to the qualifying family members of a United States-based individual identified above, the qualifying family member’s spouse and unmarried children younger than 21 years of age may derive refugee status from the principal applicant for refugee status. On a case-by-case basis, an individual may be added to a qualifying family member’s Priority 3 case if that individual— lived in the same household as the qualifying family member in the country of nationality or, if stateless, last habitual residence; was part of the same economic unit as the qualifying family member in the country of nationality or, if stateless, last habitual residence; and demonstrates exceptional and compelling humanitarian circumstances that justify inclusion on the qualifying family member’s case.
To be added to a qualifying family member's case under paragraph (1), an individual described in paragraph
(1)shall independently establish that they are refugees. Not later than 90 days after the date of the enactment of this Act, the Secretary of Homeland Security, in collaboration with the Secretary of State, shall submit a report to Congress that— describes the steps taken by the administration to re-examine and expedite Priority 3 processing, including— reducing lengthy delays in the initial paper review by the U.S. Citizenship and Immigration Services Refugee Access Verification Unit (referred to in this subsection as RAVU ) of the relationship between the anchor relative and overseas family member listed on the Affidavit of Relationship; reducing inefficiencies in DNA testing; and making more efficient other processing steps that are required only for Priority 3 cases; details the resources necessary to improve RAVU so as to improve Priority 3 processing and ensure that the number of U.S. Citizenship and Immigration Services employees dedicated to RAVU is consistently not less than 4 full-time dedicated personnel so as to maintain a capacity to complete RAVU within 30 days of receipt of each case; and includes the following data as of the first day of each fiscal year and each of the 6 fiscal years preceding the date of the enactment of this Act, for— Priority 3 refugee applicants who had submitted an AOR and were waiting for an initial interview with the resettlement support center; Priority 3 refugee applicants who had completed the initial interview at the Refugee Processing Center and whose applications were not yet submitted by the Refugee Processing Center to RAVU; Priority 3 refugee applicants whose applications were submitted by the Refugee Processing Center to RAVU and were pending a decision by RAVU; Priority 3 refugee applicants whose applications were decided by RAVU and were pending a pre-screening interview at the Refugee Processing Center; Priority 3 refugee applicants who completed a pre-screening interview at the Refugee Processing Center and who were pending interviews with U.S. Citizenship and Immigration Services; Priority 3 refugee applicants who had completed interviews and were pending security clearance; Priority 3 refugee applicants who were ready for departure; and Priority 3 refugee applicants who have died or gone missing while in the Priority application process without ever being reunited with their families.
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- Pub. L. 109-163
- Pub. L. 110-181
- Pub. L. 111-8
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Sec. 1563
Priority 3 family reunification cases
Pub. L.Pub. L. 109-163
Pub. L.Pub. L. 110-181
Pub. L.Pub. L. 111-8
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