Throughout its history, the United States has welcomed millions of people fleeing persecution in their countries. However, the recent refugee crisis in Syria, along with thousands of people fleeing danger in Central and South America, the eligibility requirement for refugees coming into the United States has been questioned. In fact, the House of Representatives have proposed reforms to The Refugee Act of 1980 with H.R. 4731 Refugee Program Integrity Restoration Act of 2016. The proposed bill will greatly affect the eligibility and processing times of future refugees as it considers reforms that limit current requirements.
As a response to the steady increase in refugee admissions over the last few years, the Act proposes to create a cap on the number of admissible refugees. Currently, the President, with the consent of Congress, has the power to decide how many refugees to admit each year. The proposed reform would limit the amount of refugees to 60,000 and states that the President may only "recommend" an increase of this limit to Congress. Furthermore, the bill will automatically terminate refugee status of anyone who returns to their country of origin.
Processing times will also increase as the bill will require all refugee interviews to be digitally recorded, of which, twenty percent will randomly be reviewed to determine if the interpreter correctly interpreted the interview. If the review reveals material mistranslations, the interpreter is banned from interpreting in the future, and all individuals who used that interpreter must be re-interviewed.
The bill also sets priority consideration for certain applicants, specifically practitioners of minority religions. Currently, a refugee is eligible to apply if they have a well-founded fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group. The modification in the bill indicates that persecution due to one's religion will become a greater determining factor of eligibility for individuals applying from countries of particular concern.
Finally, several reforms within the bill will increase the processing times and eligibility to apply for Permanent Residence. Currently, a refugee can adjust their status to that of a Permanent Resident after one year. H.R. 4731 will extend this period to three years. Once the individual is ready to apply for Permanent Residence they must also prove, during an in person interview, clear and convincing evidence that they still meet the definition of refugee.
Refugee cases are handled overseas by international agencies, but once here a refugee must affirmatively apply for permanent residency. In addition, they may be eligible to apply for their relatives to join them. The attorneys at Grzeca Law Group are extremely familiar with these processes. Should you have a family member or a friend who is currently applying for refugee status or if you wish to have more information please contact Grzeca Law Group at (414) 342-3000 or visit our website at www.grzecalaw.com.
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