State Department 2012 Human Rights Report Released

On April 19, 2013, the Department of State released the 2012 Country Reports on Human Rights Practice.  Each year, the Department of State develops, edits, and submits to Congress a 5,000-page report on human rights conditions in over 190 countries.  Some highlights from the 2012 Human Rights Report include:

  • Coverage of conditions in the new country of South Sudan
  • Report on the developing democracy in Burma
  • A  description of the  dire humanitarian situation in Syria
  • An account of the roadblocks to democracy in Egypt and Libya

Officers rely on the State Human Rights Reports when adjudicating asylum applications.  The reports are considered highly persuasive, and you should become familiar with the report for your country before preparing your asylum application and declaration.

 

 

Green Card Lottery Scams Targeting Refugees

A few weeks ago, I first warned readers about the increase in green card lottery scams.  Today one of my Iraqi Refugee Resettlement Project clients in Jordan received one of the scam emails purporting to be from the U.S. Department of State.  Some excerpts from the email:

Congratulations ! You are among those randomly selected and registered for further consideration in the diversity immigrant program. Selection guarantees that you will receive a United States Permanent Resident Card(also known as Green Card or Diversity Visa) only if you follow the instructions for further processing.

Is the Diversity Visa FREE ?
No. There is a big confusion. Only the participation in the Diversity Visa Lottery was free but the winners must pay the visa processing fees.
The fee is used to process your visa related documents and verify your identity.

Great news, right?  But wait, there’s more:

Please read and follow all the instructions very carefully. With the Diversity Visa (also known as Green Card) you will enjoy all the advantages and benefits of a US permanent resident, including health and education benefits, and employment opportunities along with guidance in your new country, orientation sessions and programs to integrate into mainstream American society. Once received you can use it at any time you want to move in the United States or just travel. The visa must be renewed after 10 years.

Although you will have all the rights that a U.S. citizen has in the United States, without a relative or friend in the United States you may find the relocation difficult and expensive due the lack of experience in the American society. Therefore the U.S. Government helps you with the accommodation and offers you along with each visa Health Insurance (Freedom HSA Direct Individual Health insurance for 1 year), Dwelling(Apartment in any city you prefer, 1 bedroom for 3 months ), a guaranteed job(in the field that you are are currently qualified so you can start working even from the first week you arrive in the United States and get paid as U.S citizen. ) and education (for U.S. Students or Higher Education through EducationUSA. It includes transfer to a U.S college or Univeristy so you can continue your educational study. More details can be found at http://educationusa.state.gov/.)

We remind you that only the visa processing fee ($880) is mandatory and the visa is guaranteed upon receiving the payment.

Accompanying family members(wife/husband, fiancee, brothers, sisters, children, cousins) may be included in the program and their visas will be provided at the same time with yours so you can travel/move together in the same time. However the fees must be paid per person and each member(e.g wife, brother, parents, children, cousin) must pay $880. There is no discount for children.

All this can be yours for only $880 per person!

Visa Payment processing instructions

The fees must be paid using Western Union money transfer and will be processed by the U.S. embassy in the United Kingdom.Western Union is a leading provider of International person-to-person money transfer. With more than 150 years experience and 245,000 Agent locations in over 200 countries and territories, Western Union is recognized for sending money quickly, reliably, and safety.

You can send the payment in U.S. dollars or equivalent of your local currency.

Click on the following link to find the nearest Western Union agency and send the fees payment :
Find Western Union Agency
If you are unable to find a Western Union agency near your location, you may ask a relative or friend to pay the fee on your behalf.

After you find a Western Union agency you need to go with cash money, an identity card(e.g passport or national identity card) and send the payment to the U.S. embassy agent address in United Kingdom:

Name : Lloyd Walker
Address: 24 Grosvenor Square
London, W1A 2LQ
United Kingdom

The payment must be sent to the above U.S. embassy agent address in United Kingdom because the U.S. Government decided this based on the diplomatic relations with your country.

I had to break the news to my client that it is all a well-known scam and his family will have to continue waiting in exile for their refugee case to be approved.   Refugees are among the groups of people that are particularly vulnerable to these types of scams as the State Department resettlement program confers benefits similar to those promised in the fraudulent email.   The only way to stop the thieves is through educating those at risk, and I hope refugee relief organizations are getting the word out.

Refugee/Asylee Follow to Join Process Improvements

USCIS and the State Department have launched a pilot program to improve processing of Refugee/Asylee Follow to Join applications.  The new procedures are being implemented today in five pilot locations: Addis Ababa, Ethiopia; Guatemala City, Guatemala; New Delhi, India; Port-au-Prince, Haiti; and Yaoundé, Cameroon.  Under the new procedures, the National Visa Center (NVC) will collect original documents, and petitioners will receive instructions and information on case processing from the NVC via email or mail.  All other posts will continue to follow existing procedures for these cases.

Family Immigration for Iraqi Refugees: Part Six

In our last post, we discussed the process for applying for U.S. citizenship, also known as naturalization.  Once you become a U.S. citizen, you will have greater opportunities for reuniting your family.  United States citizens may sponsor the following family members for immigration:

1.  Spouses

2.  Parents

3.  Children

4.  Siblings

5.  Fiances

Follow the links above to learn more about how to sponsor these family members.  Some relatives are not eligible for family sponsorship including:  aunts, uncles, cousins and grandparents. Certain types of family immigration petitions, such as those for brothers and sisters of U.S. citizens, have lengthy waiting periods.  You should consult with an immigration lawyer soon after becoming a U.S. citizen in order to start the process.

This is the final installment of the Family Immigration for Iraqi Refugees series.  If you have questions or suggestions regarding topics you would like to see discussed, please post your thoughts in the comments section.

 

Family Immigration for Iraqi Refugees: Part Five

In the last post, we discussed ways a permanent resident (green card holder) can sponsor family members for immigration to the United States.  As the type of family member a permanent resident may sponsor is limited, many Iraqi refugees will have to wait to become U.S. citizens in order to reunite their families.

To be eligible for U.S. citizenship, you must have a period of continuous residence and physical presence in the United States.  You have the necessary period of residence if you have been a lawful permanent resident for five years (or three years if you are married to a U.S. citizen).  Your residence in the U.S. must have been continuous.  If you have traveled outside the United States extensively, you should consult with an immigration lawyer to determine whether you are eligible to apply for U.S. citizenship.

You must also be at least 18 years of age and be able to read, write and speak basic English.  Finally, you must have a basic knowledge of U.S. history and government, good moral character, and be willing to take the Oath of Allegiance.  If you are elderly and/or disabled, you may qualify to exceptions from the English and civics portion requirements.

The process of becoming a U.S. citizen is called naturalization.  You begin the process by filing Form N-400, Application for Naturalization with the United States Citizenship and Immigration Services (USCIS).  The application process can take between 12 and 15 months.  To ensure your application is error-free and that you are prepared for your naturalization interview, you should consult with an immigration lawyer. To receive monthly news and updates on U.S. immigration law and programs for Iraqi refugees, sign up for our newsletter.

Dallas Immigration Lawyer

Family Immigration for Iraqi Refugees: Part Four

In the last post, we discussed how an Iraqi refugee can become a permanent resident of the United States.  Once you become a permanent resident (also referred to as a green card holder), you may sponsor these family members for immigration to the U.S.:

1.  Spouse

2.  Unmarried children (regardless of age)

Green card holders cannot sponsor married children.

When you submit your petition to sponsor your family members, you will need to provide proof of your relationship.  You should also be prepared to support your relatives financially when they arrive in the U.S. An approved petition gives your relative a place in line among the family members of green card holders waiting to travel to the United States.  It does not give your relative the ability to travel immediately to the U.S.

Your relatives must wait for a visa number to become available. At this time, the waiting period for the spouses and children under the age of 21 is about 2.5 to 5 yeras.  The waiting period for unmarried children over the age of 21 is longer.  (There are some exceptions to this waiting period for Iraqi refugees which will be discussed in a later post.)

The number of visas given each year to spouses and children of permanent residents is limited, and your relative’s place in line will depend on the date you filed your petition.  Therefore, you should file your petition as soon as possible.

Once your relative’s visa number becomes available, the National Visa Center will contact you and your relative and allow you to apply for the immigrant visa.  The visa will be processed at the U.S. Embassy or Consulate in your relative’s country.  If your family members are in Iraq, their visas will be processed at the U.S. Embassy in Baghdad.

If you are a permanent resident and would like to sponsor your spouse or unmarried children for green cards, you should consult with an immigration lawyer.  An immigration lawyer can ensure your petitions are filed quickly and correctly, and they can prevent costly mistakes that delay many family immigration cases.  Call us today to schedule a consultation.

 

Family Immigration for Iraqi Refugees: Part Two

Little Rock Immigration LawyerIf you entered the United States as a refugee within the past two years or were granted asylee status within the last two years, you may petition for these family members to obtain refugee or asylee status:

1. Spouses

2. Children

The family relationship must have existed before you came to the U.S. as a refugee. Also, your children must have been under the age of 21 and unmarried at the time you first applied for refugee status or asylum. The process for applying for this immigration benefit is called “follow to join.”

You must have been the principal refugee or asylee on your own petition. For example, if you were granted refugee status through your brother’s petition, you are not the principal refugee and you cannot petition for other family members to join you. You must also remain in refugee or aslyee status or obtain a green card to file this type of family immigration petition. U.S. citizens cannot petition for derivative refugee or asylee status for family members.

To apply for follow to join benefits for your family members, you must file Form I-730 with the United States Citizenship (USCIS) and Immigration Services. A separate Form I-730 must be filed for each family member. It will take approximately 6 months for USCIS to process your petition, and then it will be sent to the U.S. embassy in the country where your relative is living. Your family will be given instructions on when and where their interview will take place. It is important that your family follow these instructions and appear at the interview. Once all processing is complete and your petition has been approved, your relatives will be allowed to join you in the United States.

The next post will discuss how a refugee or an asylee can become a permanent resident of the United States. To receive immigration news and tips by email, subscribe to our newsletter:

Dallas Immigration Lawyer

Family Immigration for Iraqi Refugees: Part One

Iraqi RefugeesIraqi refugees who have reached the United States have often had to leave other family members behind in Iraq or other nations like Syria and Jordan.  Some of those family members may be able to travel to the U.S. through an SIV visa or refugee resettlement, but not all Iraqis will qualify for these programs.  In those cases, the Iraqi refugee in the U.S. will be required to go through the U.S. immigration system to reunite his or her family.

If you are an Iraqi refugee in the U.S., your family immigration options will depend upon your status.  If you are in refugee or asylee status, you will be able to only help a few family members immigrate to the U.S.  However, as you go through the process from refugee to green card holder, and finally become a U.S. citizen, you will be able to bring more family members to the United States.

This is the first of a series of posts which will explain the family immigration options for Iraqi refugees.  The next post will explain how an Iraqi refugee or asylee can help other family members immigrate.  To find out how our Dallas Immigration lawyer can help reuinte your family, schedule an immigration consultation today:

Immigration Lawyer

 

Can an Iraqi with Refugee Status in the US Apply for the SIV?

We are often asked whether an Iraqi national with refugee status in the United States can apply for the SIV (Special Immigrant Visa) program.  The answer is no, an Iraqi refugee in the U.S. is not eligible for the SIV program.  The SIV program is only open to Iraqi refugees outside the U.S. who provided faithful and valuable service to the United States Government in Iraq.

An Iraqi with refugee status in the U.S. does not need the SIV or any other visa.  Instead, the refugee should apply for a green card (permanent residence.)  Refugees are eligible to apply for a green card one year after arrival in the U.S.  There is no government filing fee for refugees, and a green card provides many benefits including the ability to help other family members immigrate to the U.S.  To find out whether you are eligible for a U.S. green card, contact our immigration attorney.

Family Immigration for Iraqi Refugees: Part Three

The last post in the Family Immigration for Iraqi Refugees series discussed follow to join benefits for refugees and asylees.  For many refugees, these benefits are too limited and do not allow them to reunite their entire families.  These refugees and asylees will need to become permanent residents (also known as green card holders) in order to file immigration petitions for additional family members.

If you were admitted as a refugee, you are required by law to apply for a green card in the United States one year after being admitted as a refugee.  To do this, you need to file Form I-485, Application to Register Permanent Residence or Adjust Status.  When permanent residency is granted, you will have your adjustment of status date recorded as the day you entered into the United States as a refugee.

After you file Form I-485, you will receive a receipt notice from the United States Citizenship and Immigration Services (USCIS).  The receipt notice will give you a projected processing time and other valuable information about what to expect and what you may need to do.  Keep your receipt notice, because you will need to refer to your receipt number in order to change your address or contact USCIS about your case.

It will take approximately five to six months for your green card to be processed.  You should not leave the U.S. during this time, unless you apply for and receive a refugee travel document.  The Whitt Law Firm offers immigration services to Iraqi refugees at reduced rates.  To learn more about how we can help you become a permanent resident or receive a refugee travel document, please schedule a consultation today:

Dallas Immigration Lawyer

Refugee Resettlement: Mentoring Refugees a Rewarding Experience

Guest post by Arielle Eirienne.

“This is cacao? Is it for baking?” my Congolese refugee mentee asked me, holding up the chocolate bar I had brought back for him as a souvenir from Paris.

“No, you don’t bake it,” I replied. “You just open the package and eat it.”

“Oh, it’s already baked?”

“Yes” was the best response I could think of.

The chocolate bar in his hand.  The school permission slip she’s supposed to sign but can’t read. The McDonald’s job he can’t figure out how to get even though it’s mountains below his job as a physician back home, the bills she can’t pay because she can’t get that job, the checking account he wouldn’t be sure how to use to pay the bills if he could pay them.

And then there’s that karate advertisement her son brought home from school – is it saying she’s required to pay $48 dollars for him to learn karate?

To be a refugee is to be thrust into a world you never knew existed, only to find there are few people who understand that you didn’t know and are willing to help you navigate its highways through to its narrow alleys.

Refugees arriving in the United States are guaranteed certain fundamental services: a friendly welcome at the airport, a warm meal when they reach their new home, a home itself, assistance with enrolling their kids in school, and basic guidance in the job hunt.  They have case managers to turn to for technical assistance, yet case managers see hundreds of clients per year.  There’s very little time for holding hands or lending sholders to cry on on those lonely nights when home – the land where the client family was almost killed – suddenly seems the friendliest place to be.

Hence the internationally minded version of the traditional American welcome wagon: volunteer mentors that help guide refugee families through their crucial first months.  One family, one team of volunteers – to visit weekly, or biweekly, or whatever the family needs.

Just as there is no typical refugee family, there is no perfect model for a refugee mentorship.  The father may need a resume to apply for American jobs.  The mother may want to learn how she can become reaccredited to build upon her 20-year career as an engineer.  They may also want to know how to search for jobs on craigslist.

The 21-year-old may want to go to college, the 19-year-old may want to get a high-school diploma, and the 12-year-old may simply need help with science homework in which the concepts are simple but the words are all brand new.

Showing up with a curling iron and playing beauty shop with the girls isn’t a bad idea either; mentors first and foremost are responsible for filling the role of “first friends.”

Mentors often find that they form fast bonds with their refugee clients.  The rewards are real, and relationships often extend years beyond the initial period of assistance.

The Refugee Assitance Program at Young Professionals in Foreign Policy (www.ypfp.org/rap) offers residents of the DC area the opportunity to become mentors.  If you are interested in becoming a vital part of a refugee family’s life, please emailrefugees@ypfp.org for more information.  Refugees in need of mentorship are also welcome to contact us.  We continually work on updating our collection of resources for mentors and refugees, which can be found at http://ypfp-rap-bestpractices.wetpaint.com/.

Arielle Eirienne currently volunteers as director of the Refugee Assistance Program at Young Professionals in Foreign Policy.  Having served as a 2006-07 U.S.-Canada Fulbright Fellow, she holds an M.A. in international affairs, with specialization in conflict analysis and conflict resolution, and a B.A. in sociology.

FAQ: Refugee Travel Documents

If you are a refugee or asylee and want to travel outside the United States, you need a Refugee Travel Document in order to return to the U.S.  In most cases, a refugee or asylee may use the Refugee Travel Document in place of a passport.

How do I get a Refugee Travel Document?

To apply for a Refugee Travel Document, you must file an application with USCIS.

How long will my Refugee Travel Document be valid?

Your Refugee Travel Document will be valid for one year.  Your Refugee Travel Document cannot be extended beyond one year.

I want to travel out of the U.S., when do I need to apply for my Refugee Travel Document?

You should file your application for a Refugee Travel Document at least 60 days before you leave the U.S.  You should always apply for a Refugee Travel Document before you leave the U.S.  If you fail to get a Refugee Travel Document before leaving the U.S, you may not be able to return.

I need to travel outside the US immediately, and I have not received a Refugee Travel Document.  What should I do?

You should apply for your Refugee Travel Document before leaving the U.S.  You do not need to remain in the U.S. for USCIS to issue a Refugee Travel Document if your biometrics have been obtained. You can indicate on your application that you want USCIS to send your Refugee Travel Document to a U.S. Embassy, or consulate, or a DHS office overseas, so you can pick it up before returning to the U.S.

What documents do I need to file with my application for a Refugee Travel Document?

You must file:

1.  A copy of an official ID showing your name, date of birth, and photo.

2.  A copy of the document granting you asylum or refugee status.

Any document in a language other than English must be filed with an official English translation.

Can I travel back to the country where I experienced past persecution or claim a fear of future persecution?

Yes.  However, if you have been granted asylum, your grant of asylum may be terminated if  it is determined that you voluntarily availed yourself of the protection of your country of nationality, you have acquired a new nationality, or you are no longer eligible for asylum due to a change in circumstances.

If you have been admitted as a refugee, your status may be terminated if the U.S. Government determines that you were not, in fact, a refugee at the time you were admitted to the U.S.  You should consult with an immigration attorney before traveling to the country where you were persecuted.

Dallas Immigration Lawyer

Iraqi SIV: How to Write an Employer Recommendation Letter

Iraqi SIVThe Employer Recommendation Letter is a critical part of the Iraqi Special Immigrant Visa (SIV) application package.  Errors and omissions in the content of the letters lead to processing delays and application rejections.  Unfortunately, we have seen many incorrectly drafted Employer Recommendation Letters submitted on behalf of our clients.  United States supervisors drafting letters on behalf of Iraqi SIV applicants must include the following information:

1.  The recommending supervisor’s name, employer, job title, and email address.

2.  Name of the employee, job title, job description, dates of employment, special clearances (if applicable), and any ongoing serious threat experienced by the employee as a consequence of the employment by or on behalf of the U.S. Government.

3.  Certification that the recommending supervisor has personally met the employee.

4.  Certification that the referred applicant is personally known to the supervisor and, to the best of his or her knowledge, presents no threat to the national security or safety of the United States.

5.  Confirmation that the employee is currently (or resigned) in good standing.

The Whitt Law Firm, PLLC, provides assistance to Iraqi SIV applicants at no cost.  If you are a U.S. citizen supervisor or an Iraqi SIV applicant and need assistance drafting an Employer Letter of Recommendation, please contact us at siv@whittfirm.com.