Priority 3 family reunification cases

(a) In general Because of the importance of reuniting immediate refugee families who have been separated while fleeing from persecution, Priority 3 processing shall be made available to individuals of all nationalities, including stateless individuals. (b) Universal eligibility for all nationalities (1) In general Eligible Priority 3 Affidavit of Relationship filers will include those admitted in asylum, refugee, or Afghan and Iraqi special immigrants admitted under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 8 U.S.C. 1101 note), section 1244 of the Refugee Crisis in Iraq Act of 2007 (Public Law 110–181; 8 U.S.C. 1157 note), and section 602 of the Afghan Allies Protection Act of 2009 (Public Law 111–8; 8 U.S.C. 1101 note). (2) Eligible affidavit of relationship files Eligible Affidavit of Relationship (referred to in this section as AOR) filers include individuals who are lawful permanent residents of the United States or United States citizens who initially were admitted to the United States in a status described in paragraph (1). (c) Requirements The United States-based filer shall be at least 18 years of age at the time that the AOR is filed. The filer shall file the AOR not later than 5 years after the date they were admitted as a refugee or special immigrant or were granted asylum. The Secretary of State may reject any AOR for a relationship that does not comport with public policy, such as underage or plural marriages. (d) Family members included (1) In general The following family members of the United States-based family members are qualified for Priority 3 access: (A) Spouse or permanent partner. (B) Unmarried children who are younger than 21 years of age. (C) Parents. (2) Partners The Secretary of State may allow a qualifying individual to file for Priority 3 access for a partner of any gender if the filer can provide evidence of a relationship with the partner for at least one year overseas prior to the submission of the AOR and considered that person to be his or her spouse or life partner, and that the relationship is ongoing, together with evidence that legal marriage was not an obtainable option due to social or legal prohibitions. (e) Derivative refugee status In addition to the qualifying family members of a United States-based individual identified above, the qualifying family member’s spouse or permanent partner, as well as unmarried children younger than 21 years of age, may derive refugee status from the principal applicant for refugee status. (f) Additional qualifying family members On a case-by-case basis, an individual may be added to a qualifying family member’s Priority 3 case if that individual— (1) lived in the same household as the qualifying family member in the country of nationality or, if stateless, last habitual residence; (2) was part of the same economic unit as the qualifying family member in the country of nationality or, if stateless, last habitual residence; and (3) demonstrates exceptional and compelling humanitarian circumstances that justify inclusion on the qualifying family member’s case.