PART 207—ADMISSION OF REFUGEES Authority: 8 U.S.C. 1101, 1103, 1151, 1157, 1159, 1182; 8 CFR part 2. Source: 46 FR 45118, Sept. 10, 1981, unless otherwise noted. § 207.1 Eligibility. (a) Filing. (b) Firmly resettled. (1) Whether permanent or temporary housing is available to the refugee in the foreign country; (2) Nature of employment available to the refugee in the foreign country; and (3) Other benefits offered or denied to the refugee by the foreign country which are available to other residents, such as right to property ownership, travel documentation, education, public welfare, and citizenship. (c) Immediate relatives and special immigrants. [76 FR 53782, Aug. 29, 2011] § 207.2 Applicant processing. (a) Interview. (b) Medical examination. (c) Sponsorship. [76 FR 53783, Aug. 29, 2011] § 207.3 Waivers of inadmissibility. (a) Authority. (b) Filing requirements. [76 FR 53783, Aug. 29, 2011] § 207.4 Approved application. Approval of a refugee application by USCIS outside the United States authorizes CBP to admit the applicant conditionally as a refugee upon arrival at the port within four months of the date the refugee application was approved. There is no appeal from a denial of refugee status under this chapter. [76 FR 53783, Aug. 29, 2011] § 207.5 Waiting lists and priority handling. Waiting lists are maintained for each designated refugee group of special humanitarian concern. Each applicant whose application is accepted for filing by USCIS shall be registered as of the date of filing. The date of filing is the priority date for purposes of case control. Refugees or groups of refugees may be selected from these lists in a manner that will best support the policies and interests of the United States. The Secretary may adopt appropriate criteria for selecting the refugees and assignment of processing priorities for each designated group based upon such considerations as reuniting families, close association with the United States, compelling humanitarian concerns, and public interest factors. [76 FR 53783, Aug. 29, 2011] § 207.6 Control over approved refugee numbers. Current numerical accounting of approved refugees is maintained for each special group designated by the President. As refugee status is authorized for each applicant, the total count is reduced correspondingly from the appropriate group so that information is readily available to indicate how many refugee numbers remain available for issuance. § 207.7 Derivatives of refugees. (a) Eligibility. (b) Ineligibility. (1) A spouse or child who has previously been granted asylee or refugee status; (2) An adopted child, if the adoption took place after the child became 16 years old, or if the child has not been in the legal custody and living with the parent(s) for at least 2 years; (3) A stepchild, if the marriage that created this relationship took place after the child became 18 years old; (4) A husband or wife if each/both were not physically present at the marriage ceremony, and the marriage was not consummated (section 101(a)(35) of the Act); (5) A husband or wife if the Secretary has determined that such alien has attempted or conspired to enter into a marriage for the purpose of evading immigration laws; and (6) A parent, sister, brother, grandparent, grandchild, nephew, niece, uncle, aunt, cousin or in-law. (c) Relationship. in utero (d) Filing. (e) Evidence. (f) Approvals Spouse or child in the United States. (2) Spouse or child outside the United States. (3) Benefits. (g) Denials. [63 FR 3795, Jan. 27, 1998, as amended at 76 FR 53783, Aug. 29, 2011; 76 FR 73476, Nov. 29, 2011] § 207.8 Physical presence in the United States. For the purpose of adjustment of status under section 209(a)(1) of the Act, the required one year physical presence of the applicant in the United States is computed from the date the applicant entered the United States as a refugee. [46 FR 45118, Sept. 10, 1981. Redesignated at 63 FR 3795, Jan. 27, 1998] § 207.9 Termination of refugee status. The refugee status of any alien (and of the spouse or child of the alien) admitted to the United States under section 207 of the Act will be terminated by USCIS if the alien was not a refugee within the meaning of section 101(a)(42) of the Act at the time of admission. USCIS will notify the alien in writing of its intent to terminate the alien's refugee status. The alien will have 30 days from the date notice is served upon him or her in accordance with 8 CFR 103.8, to present written or oral evidence to show why the alien's refugee status should not be terminated. There is no appeal under this chapter I from the termination of refugee status by USCIS. Upon termination of refugee status, USCIS will process the alien under sections 235, 240, and 241 of the Act. [76 FR 53784, Aug. 29, 2011]