CBP Inspectors Field Manual on Issuance of I-94s to Refugees

IFM Ch. 16.2 Refugee Admissions.

(a) Processing New Refugee Arrivals. Annually, the President, in consultation with the Congress, determines the number of refugees that may be admitted to the United States each fiscal year. The term refugee is defined in section 101(a)(27) of the Act; the authority for refugee admissions is found in section 207.

(1) General Screening. Screening and pre-processing of refugees is completed overseas, and those found qualified for admission will arrive, often in large groups, at a few ports-of-entry. They will have a packet of materials, the contents of their "A" file and an I-94. If all required paperwork is present:

• Endorse the I-94 and travel document (if any) with the refugee admission stamp, which bears the following legend, using security ink:
  
  Admitted as a refugee for an indefinite period pursuant to section 207 of the Immigration and Nationality Act. If you depart the United States, you will need prior permission to return. Employment Authorized.
  
  Endorse the refugee stamp with the "A" file number, port code, date of admission and your stamp number.
  
  
• Collect all refugee packets and other supporting documents.
  
  
• Give the departure section of the I-94 to the alien and route the arrival section for data entry.
  
  
• Follow the procedures set forth in section (a)(2) regarding issuance of Form I-688B.

Note: In the past, some ports of entry have used different variations of the refugee admission stamp legend. These variations have caused problems for refugees when they apply for social security cards and other documents, since the staff at the issuing agencies may not accept an I-94 containing non-standard language as genuine. If a refugee is in possession of an I-94 bearing the refugee admission previously used by those ports of entry, the alien may file Form I-102, with fee, seeking a new I-94. Such I-102 should be filed with the service center having jurisdiction over the alien's place of residence. However, if the alien is seeking re-admission at a port-of-entry and is in possession of an I-94 bearing the old-style legend, the inspecting officer should retain the previously-issued I-94 and issue the alien a new one without fee or application.

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(d) "Following to Join" Dependents.

(1) General. The spouse and children of a refugee, if not separately eligible for refugee status, may follow to join the principal refugee, whether the principal has remained in refugee status or has been adjusted to lawful permanent resident status. The qualifying relationship must have existed at the time the principal refugee was admitted to the U.S. (a child who was in utero at the time of his or her father's admission as a principal refugee meets this requirement) and continue to exist at the time of the spouse's or child's admission. To bring family members to the U.S. under the "following to join" provisions of the Act, a refugee must submit Form I-730 to the Nebraska Service Center. Approved I-730s are transmitted to the National Visa Center and then forwarded to the overseas posts where the dependents reside. All I-730 beneficiaries are interviewed, either by INS or consular officers, to establish their identities, their relationship to the petitioner, and their admissibility to the United States.

(2) Admission procedures. Applicants for admission who fall within these categories should be inspected in accordance with the following:

• Following to join refugees will arrive at the POE with a packet of materials, including the contents of their A files and an I-94. Endorse the I-94 with the refugee admission stamp:
  
  Admitted as a refugee for an indefinite period pursuant to section 207(c)(2) of the Immigration and Nationality Act. If you depart the United States, you will need prior permission to return. Employment Authorized.
  
  
• Enter the port, date and your admission stamp number and follow the standard procedures for refugee admissions outlined in Chapter 16.2(a) of this field manual (including issuance of Form I-688B).

IFM Ch. 16.3 Asylum Applicants and Asylees.

(a) General. Asylum applicants are aliens whose claims of eligibility for asylum have not been finally decided. An asylum applicant may travel from, and return to, the U.S. if granted an advance parole. If you are satisfied the asylum applicant is otherwise admissible, parole the alien for the time period indicated on the I-512, endorsing the I-94 and I-512 with the parole stamp, date, port and stamp number. Endorse the parole stamp: "asylum applicant" as appropriate. Return the I-512 to the alien if it is valid for multiple entries and not nearing expiration. If expiring or valid for a single entry, retain the document and forward it to the appropriate files control office.

Asylees are persons who have been granted asylum, but who either have not applied for or have not been granted adjustment to permanent residence pursuant to section 209(b) of the Act. An asylee may be issued a refugee travel document on which to travel from and return to the United States. Upon presentation of a refugee travel document by an asylee, you must verify that the person presenting the document is the authorized bearer and that the document is still valid, establish that the alien has not re-availed him or herself of the protection of the country in which he or she claimed persecution or has become inadmissible (under one of the limited number of grounds of inadmissibility which also constitute mandatory bars to asylum under section 208(a)(2) of the Act), and admit the alien as a returning asylee. (Note: Simply traveling to his or her home country does not necessarily mean that the alien has re-availed him or herself of the protection of that country.) Endorse the I-571 and the I-94 with the asylee stamp bearing the legend:

Admitted for an indefinite period as a returning asylee under section 208(b)(1) of the Immigration and Nationality Act. If you depart the United States, you will need prior permission to return. Employment authorized.

The same provisions discussed in Chapter 16.2(a) relating to the issuance of a replacement I-94 to an alien in possession of an I-94 bearing a legend previously used by the Service applies equally to asylees. Furthermore, the same provisions discussed in Chapter 16.2(b) and (c) relating to previously admitted refugees who departed the United States without having obtained a refugee travel document or advance parole also apply to asylees.

(b) "Following to join" dependents.

(1) General. The spouse or children of an asylee may also be granted asylum if they are accompanying or following to join the principal asylee, even if the principal asylee has already adjusted status to permanent residence under section 209 of the Act. Such dependents are commonly referred to as "VISAS 92" cases. The relationship with the principal asylee must have existed at the time the asylum application was approved (a child who was in utero at the time his or her father was granted asylum satisfies this requirement). Also, the family member must not fall within any of the mandatory grounds for a denial of asylum [See 8 CFR 208.19].

(2) Admission procedures. Applicants for admission who fall within these categories should be inspected in accordance with the following:

• Assuming that the VISAS 92 case is not subject to one of the mandatory bars to asylum, admit the alien for an indefinite period using the asylee stamp bearing the legend:
  
  Admitted for an indefinite period as a dependent of an asylee under section 208(b)(3) of the Immigration and Nationality Act. If you depart the United States, you will need prior permission to return. Employment authorized.
  
  
• In accordance with section 309 of the Enhanced Border Security Act of 2002, you must issue an Employment Authorization Card (Form I-688B) to the alien at the time of admission (see Chapter 16.2(a)(2) of this field manual.)