INA: ACT 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.\
>  
>
> \(5\)
> [**1/**](http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-1874/slb-1911?f=templates&fn=document-frame.htm#slb-act207fn1)
> [**4/**](http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-1874/slb-1911?f=templates&fn=document-frame.htm#slb-act207fn4) 
>
>  

\(b\) 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/**](http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-1874/slb-1911?f=templates&fn=document-frame.htm#slb-act207fn3)
> (2)(A) A spouse or child (as defined in section
> [**101(b)(1)(A)**](http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-457/slb-782?f=templates&fn=document-frame.htm#slb-act101b1a),
> [**(B)**](http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-457/slb-782?f=templates&fn=document-frame.htm#slb-act101b1b),
> [**(C)**](http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-457/slb-782?f=templates&fn=document-frame.htm#slb-act101b1c),
> [**(D)**](http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-457/slb-782?f=templates&fn=document-frame.htm#slb-act101b1d),
> or
> [**(E)**](http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-457/slb-782?f=templates&fn=document-frame.htm#slb-act101b1e))
> 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)**](http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-457/slb-551?f=templates&fn=document-frame.htm#slb-act101a42),
> 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/**](http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-1874/slb-1911?f=templates&fn=document-frame.htm#slb-act207fn3)
> (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)**](http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-2219?f=templates&fn=document-frame.htm#slb-act212a)
> 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)**](http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-457/slb-551?f=templates&fn=document-frame.htm#slb-act101a42)
> 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 for 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/**](http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-1874/slb-1911?f=templates&fn=document-frame.htm#slb-act207fn2)(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.\
>  

 

Sec.[101(a)(42)](http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-457/slb-551?f=templates&fn=document-frame.htm&2.0)

> \(42\) The term \"refugee\" means:\
>  
>
> \(A\) any person who is outside any country of such person\'s
> nationality or, in the case of a person having no nationality,is
> outside any country in which such person last habitually resided, and
> who is unable or unwilling to return to, and is unable or unwilling to
> avail himself or herself of the protection of, that country because of
> persecution or a well-founded fear of persecution on account of race,
> religion, nationality, membership in a particular social group, or
> political opinion, or\
>  
>
> \(B\) in such circumstances as the President after appropriate
> consultation (as defined in section 207(e) of this Act) may specify,
> any person who is within the country of such person\'s nationality or,
> in the case of a person having no nationality, within the country in
> which such person is habitually residing, and who is persecuted or who
> has a well-founded fear of persecution on account of race, religion,
> nationality, membership in a particular social group, or political
> opinion. The term \"refugee\" does not include any person who ordered,
> incited, assisted, or otherwise partcipated in the persecution of any
> person on account of race, religion, nationality, membership in a
> particular social group, or political opinion. For purposes of
> determinations under this Act, a person who has been forced to abort a
> pregnancy or to undergo involuntary sterilization, or who has been
> persecuted for failure or refusal to undergo such a procedure or for
> other resistance to a coercive population control program, shall be
> deemed to have been persecuted on account of political opinion, and a
> person who has a well founded fear that he or she will be forced to
> undergo such a procedure or subject to persecution for such failure,
> refusal, or resistance shall bedeemed to have a well founded fear of
> persecution on account of political opinion.
> [**5/**](http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-457/slb-857?f=templates&fn=document-frame.htm#slb-act101fn5)

8CFR §
[207.2(a)](http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-10903?f=templates&fn=document-frame.htm#slb-8cfr)

Sec. 207.2 Applicant processing. 

 

\(a\) [Forms]{.underline}. Each applicant who seeks admission as a
refugee shall submit an individual Form I - 590 (Registration for
Classification as Refugee). Additionally, each applicant 14 years old or
older must submit completed forms G - 325C (Biographical Information)
and FD - 258 (Applicant Card). 

 

\(b\) [Hearing]{.underline}. Each applicant 14 years old or older shall
appear in person before an immigration officer for inquiry under oath to
determine his/her eligibility for admission as a refugee. 

 

\(c\) [Medical examination]{.underline}. Each applicant shall submit to
a medical examination as required by sections
[**221(d)**](http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-4957?f=templates&fn=document-frame.htm#slb-act221d)
and
[**234**](http://www.uscis.gov/lpBin/lpext.dll/inserts/slb/slb-1/slb-20/slb-5218?f=templates&fn=document-frame.htm#slb-act234)
of the Act. 

 

\(d\) [Sponsorship]{.underline}. Each applicant must be sponsored by a
responsible person or organization. Transportation for the applicant
from his/her present abode to the place of resettlement in the United
States must be guaranteed by the sponsor. (Amended 5/21/99; [**64 FR
27660**](http://www.uscis.gov/lpBin/lpext.dll/inserts/fr/fr-1/fr-54098/fr-57571/fr-58705?f=templates&fn=document-frame.htm#fr-64fr27660))