Visa 92 and 93

Persons resettled to the US as refugees or persons granted asylum in the US are eligible to apply for refugee visas for spouse and minor children within two years after arrival. The procedures are generally referred to as Visa 92 for asylees (i.e., the petitioner was granted asylum in the US) and Visa 93 for refugees (i.e., the petitioner was resettled to the US as a refugee).

The major difference between the Visa 92/93 procedure and regular refugee processing is a status determination interview is not required of the individual seeking to enter the US. Also, overseas processing of Visas 92/93 cases may be done by US consular officials at any US embassy or consulate. US regulations require that the petitioner must have received his/her refugee status through status adjudication, he/she cannot have received refugee status on a derivative basis, i.e. he or she must have been the principal applicant in the case to be eligible to file for relatives under this process.

(a) Eligibility
Petitioner must have (a) been granted refugee status under INA Section 207 (refugee resettlement) or received asylum under INA Section 208, or (b) adjusted to permanent resident after previously having had the status of refugee or asylee; and (c) filed within two years of his/her arrival in the US; and, (d) did not receive his/her status derivative basis.

Beneficiary can be (a) a spouse or (b) a child. The child must be unmarried and under age 21. The relationship between petitioner and beneficiary must be established prior to the entry of the petitioner to the US or before the grant of asylum.

(b) Procedure
Petitioner files a Refugee/Asylee Relative Petition (Form I-730) along with documentation verifying the relationship with the DHS/USCIS. DHS/USCIS reviews the petition, and if approved, the petition is then forwarded to the appropriate embassy.

Prior to visa issuance, beneficiaries must be interviewed by the embassy to verify their identity. Beneficiaries do not go through a refugee determination interview, as their refugee status is derived from the petitioner. Interviews may be conducted by US consular official or DHS/USCIS officers. Beneficiaries must meet the normal standards for refugees regarding excludability. Beneficiaries may still be in their country of nationality, a country of asylum, or in the US.

(c) Benefits
Beneficiaries of Visa 92 and 93 are eligible for all regular refugee benefits, with the exception that beneficiaries of Visa 92 are not eligible for an IOM travel loan, and must pay for medical screening abroad.