Understanding the Lautenberg Amendment for Family Reunification

It was initially introduced to cater to the needs of Soviet Jews experiencing government persecution and discrimination. It authorizes citizens of former Soviet Union countries to be with their relatives in the U.S. This is done by granting them presumptive refugee status.

In 2004, the Specter Amendment to the Lautenberg Program allowed religious minorities in Iran to find refuge in the US. They include Christians, Jews, Baha’is, Zoroastrians, and Sabaean-Mandaeans.

The amendment was later extended to cover persecuted religious minorities in other countries. This includes Ukrainian Catholics, Evangelical Christians, and Ukrainian Autocephalous Orthodox Church members. Although it’s an integral part of the U.S. refugee policy, it expires every September 30. Thus, the program requires annual reauthorization. It’s usually a “rider” connected to bigger spending bills to ensure its continuous existence.

Biden’s Immigration Executive Action shows America’s commitment to supporting family reunification and advancing freedom. The restrictions on immigration imposed by the former Trump Administration were rescinded. Several executive orders were also issued to address immigration concerns, including the increase in the number of refugees to be admitted annually.

Eligibility Requirements

U.S. citizens, asylees, refugees, and permanent residents who wish to bring their families to the country may apply through a refugee resettlement agency. They must comply with the following requirements to be eligible.

For U.S. family members (also known as U.S. tie)

• A spouse, parent, grandparent, child, grandchild, or sibling of the applicant seeking refuge

• U.S. citizen, asylee, refugee, parolee, or lawful permanent resident

• At least 18 years old

For Primary Applicants in a Former Soviet Union (FSU) Country

• A spouse, parent, grandparent, child, grandchild, or sibling of the U.S. family member

• A citizen of a former Soviet Union country: Uzbekistan, Ukraine, Turkmenistan, Tajikistan, Russia, Moldova, Lithuania, Latvia, Kyrgyzstan, Kazakhstan, Georgia, Estonia, Belarus, Azerbaijan, Armenia

• Member of a religious minority such as Ukrainian Catholics, Evangelical Christians, and Jews

For Primary Applicants in Iran

• A spouse, parent, grandparent, child, grandchild, or sibling of the U.S. family member

• An Iranian citizen living in Iran

• Member of a religious minority such as Christians, Jews, Sabaean-Mandaeans, Baha’is, and Zoroastrians

• At least 18 years old

The Application Process Under the Lautenberg Amendment

The application process is initiated by the U.S. Tie (UST). There is no filing fee when applying for refuge in the U.S. However, the applicant has to go through several steps and comply with documentary requirements. Here’s a step-by-step guide to the application process:

1. The UST contacts an approved refugee resettlement agency (RA) for an initial screening. Find the list here.
2. The applicants (intending refugees) over 14 complete a Preliminary Questionnaire and file it with the RA.
3. After initial approval, the RA prepares and completes the Affidavit of Relationship (AOR). If additional documentation is needed, the UST will be contacted.
4. The case file is forwarded to the head office of the RA and then to the relevant authorities.

The process can take anywhere between a year to five years, depending on the RA’s workload and other factors.