What Refugees Should Know About the Planned Review of Biden-Era Admissions
What Refugees Should Know About the Planned Review of Biden-Era Admissions
NBC News reports that the incoming administration intends to audit refugee cases that were approved while President Biden was in office. Details remain limited, but even a preliminary "review" can trigger new background screening, requests for additional evidence, or—at worst—termination proceedings under INA § 207(c)(4) and 8 C.F.R. § 207.9. Refugees who adjusted to lawful permanent resident (LPR) status under INA § 209(a) face fewer risks, whereas people who still hold refugee status or who are waiting to file Form I-485 may be asked to re-confirm their eligibility. This guide explains what is legally possible, who may be affected, and the practical steps to take now.
What Legal Authority Allows a Review?
The federal government has several tools it can use to revisit refugee approvals:
- INA § 207(c)(4) permits termination of refugee status obtained by fraud or if the person was firmly resettled elsewhere before entering the United States.
- 8 C.F.R. § 207.9 authorizes the Department of Homeland Security (DHS) to reopen a case if evidence shows the individual no longer meets the refugee definition.
- Security vetting: The inter-agency vetting process coordinated by USCIS, the State Department, the FBI, and other partners can be re-run to check for new derogatory information.
- Adjustment reviews: Refugees who have already filed Form I-485 fall under 8 C.F.R. § 209.1, which allows USCIS to deny adjustment or refer a case to immigration court if grounds of inadmissibility arise.
The planned review could use one or more of these mechanisms. Knowing which stage you are in (refugee, LPR applicant, or lawful permanent resident) helps you prepare the appropriate documentation.
Who Could Be Affected?
- Refugees within their first year: Individuals who have not yet reached the one-year mark or who have not applied for a green card may be asked for updated fingerprints, medical exams, or affidavits of support.
- Applicants with pending Form I-485: USCIS may issue Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs) if new questions arise about admissibility, criminal records, or security flags.
- Long-term refugees who never adjusted: Some people who obtained refugee status decades ago never completed the adjustment process. They may be asked to prove continued eligibility or risk referral to removal proceedings under INA § 237(a).
- Derivative beneficiaries abroad: Family members who have not yet arrived through follow-to-join petitions could experience delays while cases are re-vetted at the National Visa Center.
Practical Preparation Checklist
- Collect identity records: Ensure you still have your I-94, refugee travel document, approval notices, and any Form I-485 receipt notices.
- Document continuous presence: Keep copies of leases, tax returns, and employment records that show ties to the United States in case DHS questions your residence.
- Update addresses: File Form AR-11 within 10 days of moving so you receive every DHS notice tied to your case.
- Check your case history: Use the USCIS online account or the EOIR hotline (800-898-7180) to confirm whether any proceedings are pending.
- Consult medical professionals: If you previously received a Class A medical finding that was waived, gather updated treatment records before a new exam is requested.
Risks and Mitigation Strategies
Termination of Refugee Status
Termination requires proof that the person was never eligible or has engaged in conduct that makes the INA § 101(a)(42) refugee definition no longer applicable. You have the right to a written notice and the ability to contest allegations before an immigration judge. Legal representation is critical.
Adjustment Denials
If you filed Form I-485, USCIS must decide whether you remain admissible. Grounds under INA § 212(a)—such as security concerns or criminal convictions—could block approval. Filing waivers (e.g., Form I-602) or supplementing the record with police clearances can address many of these issues.
Naturalization Delays
LPRs who are eligible for citizenship under INA § 316 may see longer background checks. Filing Form N-400 now, if you qualify, is one way to lock in current eligibility and trigger the statutory 120-day adjudication clock once the interview occurs.
Action Plan by Refugee Status Stage
- Still a Refugee: Schedule a consultation to map out your adjustment timeline, verify that fingerprints are current, and discuss whether expedited I-485 filing is possible.
- Pending I-485: Respond promptly to RFEs or NOIDs. Track your case status weekly and keep a duplicate evidence file ready in case documents are lost.
- LPR for 1–4 Years: Consider naturalization planning to solidify your status. Gather travel records, IRS transcripts, and Selective Service proof now to avoid scrambling later.
- LPR 5+ Years: File Form N-400 if you have not already. Naturalization secures voting rights and protection against most removal grounds.
Resources and Support
- USCIS Refugee, Asylum and International Operations Directorate updates: https://www.uscis.gov
- Office of Refugee Resettlement for benefits questions: https://www.acf.hhs.gov/orr
- Nonprofit legal service providers listed on the EOIR directory: https://www.justice.gov/eoir/page/file/942311
- State refugee coordinators who can help obtain case histories and documentation.
Stay proactive. Reviews can take months to launch, but once they do, deadlines move quickly and missing even a single appointment can put your status at risk.
About This Post
This analysis was inspired by a public discussion on Reddit: https://reddit.com/r/immigration/comments/1p6mtkj/trump_administration_to_review_status_of_all/
Immigration law is complex and constantly evolving. While this post provides general information based on current law and policy, every situation is unique.
This post provides general information and is not legal advice. Laws can change and your facts matter. To get advice for your situation, schedule a consultation with an attorney.