FAQ's

			How to Sponsor a Refugee Relative The Affidavit of Relationship (AOR) What is the AOR The Affidavit of Relationship serves as evidence of the relationship between a refugee applicant overseas and an anchor relative in the U.S.
			The Purposes of The AOR
	The AOR will determine the eligibility of a refugee to apply for the U.S. Refugee Program(USRP) according to the Worldwide Processing Priorities for designated nationalities under the family reunion priorities. These priorities are changed annually to meet the needs of refugees around the world. Who May File An AOR Those who are in the United States legally and permanently can file an AOR. Who May Not File An AOR Those who are in the U.S. legally but temporarily are not eligible to file an AOR, such as Temporary Protected Status (TPS), non immigrants (student visa, tourist visa etc.). U.S. citizens are not eligible to file an AOR for immediate relatives. An immediate relative is defined as a spouse, parent or unmarried child under the age of 21. With few exceptions, U.S. citizen relatives are expected to file an immigration petition (I-130) through regular immigration channels. General Instructions Answer all questions by typing or clearly printing in black ink. Indicate that an item is not applicable with "N/A." If an answer is "none," please so state. If it is necessary to attach an additional sheet to the AOR form in order to list all relatives, this sheet must be signed and notarized. A separate AOR should be completed for each family unit. Identify the surname (last name) by Underlining it. Always provide the refugee's full name. Do not use initials. Always try to provide an accurate date of birth or at least the individual's approximate age. List the refugee's country of birth, not only the town or city. Provide the full address of the refugee in the country of asylum in case the processing post needs to contact the refugee. Note that all requested information must be given. An incomplete AOR delays the processing of the refugee. Original AORs submitted to your local agency must be submitted to the ECDC in Washington, D.C. The Washington, D.C. office will forward the AORs to the overseas processing post for review and appropriate action. Include family members who are not immediate family but are dependent on your relatives, for example, a nephew without parents. Common Reasons Why AORs are returned Photocopies of an AOR or faxed copies are not acceptable. Incomplete address or location information in Section I Relationship to anchor is left blank in Section I No proof of anchor status included Non-qualifying relationship and nationalities Dates of marriages/divorces are not provided Initial Evidence Ensure that a clear, legible copy of both sides of the sponsor's proof of INS status is attached. Where To File Contact the local resettlement office in your area to help you in filing the AOR. The Processing Priority System The worldwide processing priority system is a management tool to ensure that those refugees who are of greatest concern to the U.S. have access to the U.S. refugee admissions program. Priorities establish a processing queue for U.S. resettlement consideration, but do not guarantee that an individual will be eligible for admission to the U.S. as a refugee. AORs do not establish eligibility for refugee interview under Priority One and Priority Two. However an "interest" filed with your local diocese will help ensure resettlement with you if your friend/family is approved. Priority One Refugees referred for resettlement by the UNHCR or a U.S. Embassy. Priority Two Designated groups of special humanitarian concern to the United States. Priority Three Spouses, unmarried sons and daughters under the age of 21, and parents of persons lawfully admitted to the US as permanent resident aliens, refugees, asylees, conditional residents, and certain parolees. Any anchor who entered the U.S. as a refugee or asylee and is filing for a spouse or unmarried child under the age of 21 should also file a follow to join (Visa 92/93) petition (I-730) with the INS. (Note: U.S. citizens who have reached the age of 21 can only file an AOR for their children over the age of 21. They must file visa petitions for parents, spouses, and children under the age of 21.) Changes in Processing Priorities In situations where processing priorities change from one fiscal year to the next, refugee applicants who, as of the last day of the fiscal year have already been scheduled for INS interviews in accordance with processing priorities in effect that year, may be interviewed. However, at the beginning of the fiscal year all new refugee applicants must be scheduled in accordance with the revised priorities unless other instructions are issued. If the Processing Post identifies a case or cases which are not scheduled for an INS interview and believes circumstances warrant a special exception, the Post should send a request for exceptional processing to the Department of State. Have you wondered exactly WHO is considered a refugee? Official definition and information on the organizations that determine who qualifies as a refugee Do you know HOW refugees get to the US? Overseas screening process and training programs Can you tell me WHERE refugees live and WHO helps them resettle? Description of site assignment and sponsorship by family or resettlement agency Who is a refugee? A refugee is a person who has fled his or her country of origin because of a well-founded fear of persecution based on race, religion, nationality, political opinion or membership in a particular social group. This definition of a "refugee" excludes people who have left their homes only to seek a more prosperous life. Such people are commonly called "economic migrants," and are not refugees. People fleeing civil wars and natural disasters also may not be eligible for refugee resettlement under U.S. law, though they may come under the protection of the United Nations High Commissioner for Refugees (UNHCR). Who determines refugee status? UNHCR interviews those who believe they are refugees to decide whether they qualify for UNHCR protection and to determine whether the permanent solution in their case is resettlement in a third country such as the United States. If a refugee is referred by UNHCR for resettlement in the U.S. or if a refugee appears to be eligible on other grounds listed, he/she will be interviewed by an officer of the U.S. Immigration and Naturalization Service (INS) who will decide whether a person qualifies as a refugee under U.S. law, and thus is eligible for resettlement. UNHCR and INS need to understand the situation clearly in order to make such a decision, so it is especially important that people give them as much detail about why they left their countries. This information is held in the strictest confidence. The preferred solution for most refugees is to return home as soon as it is safe for them to do so. Only the relatively few who cannot remain in countries of first asylum or who cannot eventually return home will be considered for third country resettlement. Which refugees are eligible for resettlement in the United States? Each year, the U.S. resettles a limited number of refugees. Refugees may be eligible for an INS interview for resettlement in the U.S. if: UNHCR or the U.S. Embassy refers them to the U.S. for resettlement, or they are members of specified ethnic or religious groups in certain countries as determined by the President of the United States. (For some groups, only those with relatives in the U.S. are eligible.) Generally, refugees must be outside their homelands to be eligible for the U.S. program, though the U.S. processes applications from refugees in their home countries in a few places. (Currently, the U.S. has such programs in Cuba, Vietnam, and the former Soviet Union). Refugees with criminal records or certain serious health problems may be ineligible to enter the U.S. Ineligibility for the U.S. program does not necessarily preclude eligibility for UNHCR protection or resettlement in other countries. How are refugees "processed" for resettlement? Non-governmental processing agencies carry out most of the preparation casework for INS interviews, in cooperation with U.S. Embassy officials. These agencies interview applicants, help prepare paperwork for INS, and arrange medical examinations and background checks (for security purposes) for those refugees approved by INS. Following INS approval, the processing agency also asks for the names and addresses of any relatives in the U.S., for details on the person's work history and job skills, and on any special educational or medical needs of the refugee and accompanying family members in order to determine the best resettlement arrangements for the refugee. The International Organization for Migration (IOM) generally arranges transportation to the U.S. on a loan basis. Refugees are expected to repay the cost of their transportation once they are established in the U.S. Refugees or their relatives may, of course, pay their own transportation costs in advance. What family members may accompany a refugee to the United States if approved? Generally, only a spouse and unmarried children under the age of 21 may accompany the "principal applicant". Other relatives may qualify for resettlement in the U.S. if they meet U.S. refugee criteria themselves. Where do refugees live and who helps them resettle? The United States is a land of great diversity. Refugees may be resettled in small towns or big cities. If a refugee has close relatives already in the U.S., he/she will probably be resettled where the relatives live. If not, a resettlement agency will decide the best placement site based on the availability of jobs, housing, and services. Refugees are expected to go to the site and remain there during their initial resettlement. The resettlement agency, often called the "sponsor," is the most important source of information and assistance during the first months of adjustment to life in the U.S. An agency representative meets refugees at the airport, arranges for housing, and prepares a resettlement plan that includes initial contact with governmental services and employment agencies. What is expected of refugees as new arrivals? Americans value hard work and initiative. Refugees should get jobs as quickly as possible. Many refugees families, like many American families, find that both husband and wife must work. Lack of English language skills will not prevent refugees from getting jobs, but it may limit the kind of job they can get when they first arrive. Changing jobs is common as English language and job skills improve. Many new arrivals study part-time to improve their English language and job skills while they work. Resettlement agencies can help identify appropriate programs. Successful resettlement depends on a refugee's ability and willingness to adapt to the new environment. Cooperation with the resettlement agency can be key to a successful transition. Everyone needs to be realistic and optimistic. More than two million refugees have resettled in the U.S. in the past two decades. The vast majority have made the transition to life in the U.S. and have become valued members of American society. Because the United States is so diverse, generalizing about what to expect is difficult. Remember that every resettled refugee has a different experience. Seek information from a variety of sources. FAQ's About Immigration Law Click on a question below to view the answer or scroll down to see all the questions and answers. What is the difference between an immigrant and a nonimmigrant visa? How can an alien become a legal permanent resident or green card holder? What is the difference between an immediate relative petition and a preference petition? What is the difference between applying for adjustment of status and applying for an immigrant visa at U.S. consulate post abroad? What is the difference between changing status and adjustment status? What is the process for obtaining an immigrant visa? What documents are required for the immigrant visa interview? What is immigrant intent? What is the waiting time for an immigrant visa after the National Visa Center or the foreign service post receives the approved petition? What is a priority date? How can I get the Visa Bulletin? What fees are involved in obtaining an immigrant visa? What documentation is required of a child born outside the U.S. of lawful permanent residents? The lawful permanent resident parents left the child abroad with family members and returned to the U.S. They now wish to bring the child to the U.S. What must they do? Can a U.S. citizen or lawful permanent resident file a petition at any foreign service post for the immigration of a relative? What must be done to invite someone for a visit to the United States? What does an applicant need for a visitor visa? How does an alien obtain a student visa? How does an alien in the U.S. change visa status? Can the holder of an expired nonimmigrant visa, such as an "I" journalist visa, etc. in the U.S. be issued another nonimmigrant visa before leaving the U.S. for a temporary absence? What is necessary for an alien to enter the U.S. to marry a U.S. citizen? Does the fiance(e) visa automatically change to an alien registration card (green card)? How do I get forms? How can I enter the visa or green card lottery? How do I become a U.S. citizen? I lost my "green card." What should I do? What do I have to do to renew my expired or expiring Green Card? Where can I research these issues further? 1. Q: What is the difference between an immigrant and a nonimmigrant visa? A: An immigrant visa is the visa issued to persons wishing to live and/or work permanently in the United States. A nonimmigrant visa is the visa issued to persons with permanent residence outside the U.S. but who wish to be in the U.S. on a temporary basis, for example, for tourism, medical treatment, business, temporary work, or study. Return 2. Q: How can an alien become a legal permanent resident or green card holder? A: To become a lawful permanent resident, an alien must first be admitted as an immigrant. There are five basic methods for obtaining an immigrant visa: 1) through a family member with U.S. citizenship or with legal permanent residence status, 2) through employment, 3) through the visa lottery (diversity) program, 4) through asylum, or 5) through initial admission into the U.S. under refugee status. Specific information is available from the Immigration and Naturalization Service. Return 3. Q: What is the difference between an immediate relative petition and a preference petition? A: An immediate relative petition can be filed by a U.S. citizen on behalf of his/her alien spouse, parent, or child (under 21 years old child). A preference petition is filed by a U.S. citizen on behalf of a son or daughter (over 21 years old child), or by a lawful permanent resident on behalf of a spouse, son or daughter, child, or by an employer on behalf of an employee. Return 4. Q: What is the difference between applying for adjustment of status and applying for an immigrant visa at U.S. consulate post abroad? A: An individual can file for lawful permanent residency status by either applying for adjustment of status if he/she is in the U.S. already or he/she can apply for an immigrant visa if his/her residence is abroad. Both methods of applying are meant to give the individual lawful permanent resident status. In the case of the adjustment application, one is switching from a nonimmigrant or unlawful status and adjusting to a permanent resident status. In the case of the individual filing through the consulate abroad, the individual has no U.S. status and will be entering initially as a lawful permanent resident with ability to work, etc. Return 5. Q: What is the difference between changing status and adjustment status? A: Changing status is switching from one nonimmigrant visa status to another nonimmigrant visa status. Adjustment of status occurs when an individual is switching his/her status from a nonimmigrant visa to an immigrant visa. Return 6. Q: What is the process for obtaining an immigrant visa? A: An alien must be sponsored by a relative or employer who files the appropriate petition with the Immigration and Naturalization Service (INS) or the alien must have "won" asylum, refugee or the visa lottery program. For those individuals outside of the U.S., INS approves the petition and forwards it to the National Visa Center in Portsmouth, New Hampshire. The National Visa Center then informs the beneficiary that an approved petition has been received and provides instructions on next steps. As soon as a visa number is available on a preference petition or as soon as INS approves an immediate relative petition, the National Visa Center sends the beneficiary instructions on the next steps to take (which usually is to go to a U.S. embassy/consulate for an immigrant visa interview). Return 7. Q: What documents are required for the immigrant visa interview? A: Requirements may differ slightly from post to post, but the basic requirements include: a passport, three photographs, birth and police certificates, marriage, divorce, or death certificates, proof of financial support, and medical examination. More detailed information would have to come from the National Visa Center or the processing (embassy/consulate) post. Return 8. Q: What is immigrant intent? A: This is especially important during the visa interview process at the U.S. Consulate. Essentially consulate posts, the INS and State Department use this doctrine in screening nonimmigrant visa applications. Immigrant intent essentially states that there is a presumption that a nonimmigrant visa applicant has an intent to immigrate to the U.S. and not return to his/her home country. The presumption then must be rebutted by the visa applicant to show that he/she still has strong ties to his/her home country and will return home after a brief stay or visit to the U.S. Return 9. Q: What is the waiting time for an immigrant visa after the National Visa Center or the foreign service post receives the approved petition? A: Several factors influence how long the process may takes. Immediate relative visas are not numerically limited by statute so, workload permitting, the post may begin processing the approved petition immediately upon receipt. Preference visas are numerically limited; therefore, the post must wait until the priority date on the petition is available before starting to process the case. The major reason for lengthy waits, i.e. priority dates that are months or several years delayed or backlogged, is the fact that each year many more people apply for immigrant visas than can be satisfied under the annual numerical limit set by the immigration laws regarding preference cases. Certain categories, such as the family fourth preference, have severe waiting periods. Return 10. Q: What is a priority date? A: The priority date, in the case of a relative immigrant visa petition, is the date the petition was filed. In the case of an employer-sponsored petition, the priority date is the date the labor certification was filed with the Department of Labor. The priority date is the very important date that the alien must keep track of in order to know when either INS or the embassy/ consulate will be able to offer an immigrant visa number , begin processing and schedule an interview for the case. So since preference visa categories are numerically limited, it is not until the priority date becomes "current" or available that the processing of the immigrant visa can begin. The Visa Bulletin -- under the Visa Services homepage -- gives the changes in availability of priority dates. (See question below for more information.) Return 11. Q: How can I get the Visa Bulletin? A: The Visa Bulletin is available under the Visa Services home page or on the INS website at www.ins.usdoj.gov. Return 12. Q: What fees are involved in obtaining an immigrant visa? A: The cost of an immigrant visa is $260 (U.S.) for application and $65 (U.S.) for issuance per person, regardless of age. There may also be fees to obtain required documents, for certifying or notarizing documents, and for the medical examination. The cost of the immigrant visa itself remains constant, but other fees vary from post to post. The applicant will be informed of fees by the processing post. The fees are payable in U.S. and equivalent local currency. Cash is acceptable at all posts; other methods of payment must be determined by the processing post. The fee for those adjusting their status in the U.S. to lawful permanent status can also vary so that it is best to inquire with INS or call INS customer service at 1-800-375-5283. Return 13. Q: What documentation is required of a child born outside the U.S. of lawful permanent residents? A: A child born abroad of lawful permanent resident parents may enter the U.S. without a visa provided the child is accompanied by a parent upon that parent's initial return to the U.S. within two years of the child's birth with documentation showing the parent-child relationship. Return 14. Q: The lawful permanent resident parents left the child abroad with family members and returned to the U.S. They now wish to bring the child to the U.S. What must they do? A: The child must have an immigrant visa to enter the U.S. The lawful permanent resident parent(s) must file a preference petition with the Immigration and Naturalization Service on a Form I-130. Return 15. Q: Can a U.S. citizen or lawful permanent resident file a petition at any foreign service post for the immigration of a relative? A: Authority to accept a petition rests solely with the Immigration and Naturalization Service (INS). INS has determined that petitions must be filed in the petitioner's place of residence. Therefore, if the petitioner resides in the U S., the petitioner must file at his/ her INS office or INS service center. If the petitioner resides abroad, the petitioner must file at the U.S. embassy or consulate that has jurisdiction. Return 16. Q: What must be done to invite someone for a visit to the United States? A: A guest of a U.S. host can be helped by sending him/her a letter of invitation. The letter should include the invitee's name, reason for visit, period of stay in the U.S., and method of payment of expenses. If the guest is paying his/her own expenses, he/she must be prepared to show the consular officer that sufficient funds are available for the trip. If the American host is paying the expenses, an affidavit of support may be included. Return 17. Q: What does an applicant need for a visitor visa? A: An applicant must have a passport, valid for six months beyond duration of the proposed visit, one passport-size photograph, and proof of social, economic, professional or other compelling ties to a residence outside the United States to which he/she will be expected to return after the visit. See further information on visitor visas under the Visa Services home page. Return 18. Q: How does an alien obtain a student visa? A: The requirements are generally the same as for a visitor visa. However, in addition to the passport, the applicant must also have an I-20 form issued by the school he/she wishes to attend. The I-20 form is proof that the applicant has been accepted for a program of study at an accredited institution. See further information on student visas under the Visa Services home page. Along with the I-20, the applicant will have to show his/her independent ability to pay the tuition, room and board as well as his/her intent to leave the U.S. after graduating. Return 19. Q: How does an alien in the U.S. change visa status? A: Immigration and Naturalization Service (INS) authorizes changes of status when an alien is in the U.S. In most cases, the applicant must still be in status as of the date INS receives the change or extension of status application. The applicant is considered "in status" while the application is pending. The INS office should be contacted for filing procedures. Usually, a Form I-539 or I-129 has to be filed to change or extend one's status from a certain nonimmigrant visa category to another or the same visa category. Return 20. Q: Can the holder of an expired nonimmigrant visa, such as an "I" journalist visa, etc. in the U.S. be issued another nonimmigrant visa before leaving the U.S. for a temporary absence? A: In certain circumstances, yes. State Department's Visa Services does reissue A, E, G, H, L, and I visas, so long as there is the same type visa stamp already in the passport, and the date of expiration is not more than one year earlier. More information is available under the Visa Services home page. Return 21. Q: What is necessary for an alien to enter the U.S. to marry a U.S. citizen? A: The U.S. citizen must file a fiance(e) petition, Form I-129F, with the Immigration and Naturalization Service (INS). The INS will forward the approved petition to a U.S. embassy or consulate abroad. The post will then contact the alien with information and eventually schedule an interview for a fiance(e) visa. The alien has 90 days from entry into the U.S. in which to marry the U.S. citizen. After the marriage there will be additional forms to file with the INS in order to maintain lawful permanent resident status. Return 22. Q: Does the fiance(e) visa automatically change to an alien registration card (green card)? A: No. After the marriage takes place, the U.S. citizen must contact Immigration and Naturalization Service to change the alien spouse's status to legal permanent resident. This information is given to the alien fiance(e) upon his/her entry to the U.S. Usually, the petitioner or U.S. citizen spouse will have to file forms immediately to adjust the alien spouse's status. The usual forms are the Forms I-130 (Petition for Alien Relative), I-485 (Adjustment to Permanent Residence) and I-765 (Employment Authorization). Return 23. Q: How do I get forms? A: If the form begins with the letter "I," it is an Immigration and Naturalization Service (INS) form. Check the INS website. If you are looking for a form OF-156 (Nonimmigrant Visa Application), you may download it from the Visa Services home page. If you have questions about immigrant visa packets 3 or 4, you need to call the National Visa Center at 603/334-0700, or view the immigrant visa information on the Visa Services home page. Return 24. Q: How can I enter the visa or green card lottery? A: The Visa Office has set up a hotline at 202/331-7199 with recorded information on the visa lottery. Winners are notified by the Kentucky Consular Center in Lexington, KY. Please note that the current diversity program (DV-2002) is being processed through the Kentucky Consular Center and NOT through the National Visa Center. Those who are not notified can assume they were not selected and can re-enter the following year. Return 25. Q: How do I become a U.S. citizen? A: You need to call the INS about the examination and the naturalization process. Usually, a lawful permanent resident can become a citizen after either having that status for five years or after being married to a U.S. citizen for three years and also having the resident status during those three years. There are several other important and efficiently ways to become a U.S. citizen such as through military service, U.S. parents, and other criteria. Review of the naturalization application, the Form N-400, or consultation with the INS should answer all of your questions. Return 26. Q: I lost my "green card." What should I do? A: You need to call the INS who issues green cards to legal permanent residents. Usually, you should first go to your local INS office and file a Form I-90 to replace your green card and have your passport temporarily stamped in the interim. Return 27. Q: What do I have to do to renew my expired or expiring Green Card? A: If you were issued a Green Card anytime since 1989, you will see an expiration on the front of the card. You can apply up to six months prior to the expiration date of your card. You will be given temporary proof of your permanent resident status on the same day you apply in-person for your new Green Card. If your Green Card has already expired, you should renew it as soon as possible and you should know that you will NOT be penalized for renewing an expired card. Call the INS National Customer Service Center at 1-800-375-5283 to find out where you can apply in-person for a new Green Card. Return 28. Q: Where can I research these issues further? A: Visit the INS website or the State Department website.