Inspector's Field Manual - Gani

Inspector's Field Manual
application for a refugee travel document from an alien who is outside the United States or applying for entry at
a port-of-entry. The alien must submit Form I-131, Application for Travel Document, with fee, and must
establish that he or she did not intend to abandon his or her refugee status, that he or she did not engage in
activities while outside the United States inconsistent with continued refugee status, and that he or she has been
outside the United States for less than 1 year. [See 8 CFR 223.2.] If you are satisfied that the alien is the
individual he or she claims to be and is still entitled to refugee status, you may accept the application; if you are
not so satisfied, you should not accept the application. If all the necessary information is available, including
photographs, you may adjudicate the application and forward it to the Nebraska Service Center, attention:
Special Operations Officer for production of the refugee travel document. If you are at a port of entry and the all
necessary information is available but the alien does not have the required photographs and it is not possible to
produce one at the port of entry, you may still approve the application and forward it to the Nebraska Service
Center, instructing the alien to obtain and forward the photographs to the Special Operations Officer at that
service center. You should attach a memorandum to the Special Operations Officer advising that the application
has been accepted and approved in accordance with 8 CFR 223. Admit the alien as a refugee by endorsing a
Form I-94 with the refugee admission stamp, as above.
If you are satisfied that the alien is a returning refugee, but do not have sufficient information to adjudicate the
application, you may defer the alien's inspection using the procedures in Chapter 17.1. See also Chapter 17.15 for
expedited removal processing of aliens with refugee claims that cannot be verified.
(c) Special procedures for adjudication of Refugee Travel Documents for aliens appearing at overseas INS
offices. Effective April 1, 1997, overseas district directors also have discretionary authority to accept and
approve applications for Refugee Travel Documents under the same circumstances as indicated above. Once the
application has been approved and forwarded, with photographs, to the Nebraska Service Center,
(d) "Following to join" dependents. 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
admitted for permanent resident. The qualifying relationship must have existed when the refugee was granted
status and must continue to exist. Approval of such status is accomplished by submission of a Form I-730, and
issuance of a "Visas 93" cable by the approving office to the consular post where the dependent resides. Based on
the cable, the consul will issue a "boarding letter" to be presented to the transportation company, permitting the
alien to travel to the United States. If found admissible, parole the alien for one year, endorsing the I-94 with the
parole stamp, noted "Visas 93", and the port, date and stamp number. In some instances, the consul will issue a
visa noted "Visas 93" rather than a boarding letter. The admission procedures are the same in such cases.
16.3 Asylees and Asylum Applicants.
(a) General. Asylum applicants are aliens whose claims of eligibility for asylum have not been finally decided.
Asylees are persons who have been granted asylum, but who either have not applied for or have not been
granted adjustment pursuant to section 209(b) of the Act. Either category may travel and be readmitted if
granted an advance parole. An asylee may also be issued a refugee travel document. If you are satisfied the
asylee or asylum applicant is otherwise admissible, parole for one year, endorsing the I-94, and I-512 or I-571,
with the parole stamp, date, port and stamp number. Endorse the parole stamp: "asylee" or "asylum applicant"
as appropriate. Return the I-571 or I-512 to the alien if it is valid for multiple entries and not nearing expiration.
If expiring or valid for a single entry, lift the document and forward it to the appropriate files control office.
Note: some ports-of-entry use an "asylee" stamp rather than a parole stamp for these admissions.
The same provisions discussed in Chapter 16.2 relating to previously admitted refugees who departed the
United States without having obtained a refugee travel document or advance parole also apply to asylees. If you
are satisfied that the alien meets the criteria discussed in 8 CFR 223.2, you may accept the application on Form
I-131 and adjudicate it at the port-of-entry or defer the inspection for adjudication at the onward office. If the
application is approved at the port-of-entry, follow the same steps as if admitting an asylee with a refugee travel
document, and forward the approved application to the Nebraska Service Center for production of the refugee
travel document. See also Chapter 17.15 for expedited removal processing of aliens with asylee claims that
cannot be verified.
(b) "Following to join" dependents. The spouse or children of an asylee may also be granted asylum if they are
accompanying or following to join the principal asylee. The relationship with the asylee must have existed at the
time the asylum application was approved. Also, the family member must not fall within any of the mandatory