Immigrants - refugees+definitions

U.S. law makes and important legal and programmatic distinction between immigrants and refugees.

"legal immigrant" is defined as a foreign-born individual who has been admitted to reside in the U.S. as a lawful permanent resident (LPR) and is issued an immigrant visa (also known as a green card). Immigrants usually come for economic reasons or to be reunited with family members. They must be sponsored by a close family member or an employer.

Family sponsors: A U.S. citizen can sponsor his or her spouse, parent (if the sponsor is over 21), children, and brothers or sisters. An LPR can sponsor his or her spouse, minor children, and adult unmarried children. All sponsors are required by law to have an income at least 125 percent of the federal poverty level and sign a legally enforceable affidavit to support his or her family member so that they do not become public charges.

U.S. law prohibits immigrants from being "public charges" http://www.cbpp.org/1-7-00imm.htm so they are not eligible for welfare, food stamps, Medicaid, SSI, etc. for 10 years after arriving in the U.S.

Family based immigration in the U.S. is limited to 480,000 persons per year.

Employer sponsors: A U.S. employer can sponsor a foreign-born employee for permanent residence but generally the employer must demonstrate to the Department of Labor that there is no qualified U.S. worker available for the job.

Employment based immigration in the U.S. is limited to 140,000 persons per year.

Dicennial censuses collect information on foreign born in the U.S., but data is not necessarily reliable. Applications for visas are submitted at U.S. consulates in foreign countries, and although the INS keeps data on the number of applicants and visas issued, it does not track where in the U.S. immigrants locate. There are very few services available to immigrants, because they are assumed to be the responsibility of the sponsor.

U.S. Citizenship and Immigration Services (formerly INS) is now a bureau of the U.S. Department of Homeland Security http://www.uscis.gov/graphics/index.htm

Office of Immigration Statistics of the U.S. Department of Homeland Security http://www.uscis.gov/graphics/shared/statistics/index.htm

A person located outside the U.S. can request admission to the U.S. as a refugee if she or he can prove persecution or a "well founded fear of persecution" because of race, religion, membership in a social group, political opinion, or national origin. Refugees generally apply for admission to the U.S. in refugee camps or at designated processing sites outside their home countries. (In some cases, e.g., Cuba, Vietnam, and former Soviet Union, refugees may apply from within their home countries.) The countries that are considered to generate refugees are determined by the United Nations High Commission on Refugees and the U.S. government. If accepted as a refugee, the person is sent to the U.S. and receives assistance through the refugee resettlement program, a federally funded program that provides cash assistance, medical assistance, health screening, and social services for eight months.

The number of refugees accepted in the U.S. varies from year to year, determined by the President in consultation with the Congress. The total number is divided among different regions of the world. In FY 2000, the regional ceilings were: Africa 18,000 Southeast Asia 8,000 Europe 47,000 Latin America 3,000 Near East 8,000 Unallocated 6,000

Both refugees and asylees may apply for permanent resident status after one year in the U.S. There is no limit on the number of refugees that can become legal permanent residents each year.

There is good data on the number of refugees who have arrived in Oregon directly from a foreign country. (The data on those who relocate to Oregon after entering the U.S. in another state -- "secondary" migrants -- is much less reliable.)

Marie Deatherage

A person who is already in the U.S. (usually on a temporary visa) and can prove a well-founded fear of persecution if sent back to his or her homeland may apply for asylum. Individuals generally must apply for asylum within a year of arriving in the U.S. There is no limit on the number of asylees accepted each year. (see also refugee) Asylees can apply for permanent resident status after being in the U.S. for one year, but only 10,000 asylees are permitted to become LPRs per year.

Undocumented, unauthorized migrants http://pewhispanic.org/files/reports/46.pdf

http://www.uscis.gov/graphics/shared/aboutus/statistics/Ill_Report_1211.pdf

http://www.urban.org/publications/1000587.html

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Immigrants - refugees+definitions