Highlighting key points of Trump's executive order, immigration attorney Gwen Vermeulen at Move Up stated that the order seeks to prioritise Afrikaner refugees and suspend aid to South Africa.
Image: Graphic by Se-Anne Rall/IOL
South African Afrikaners wanting to take refuge in the United States have a few options: Apply for Refugee Resettlement, enter with a visa or request asylum at a US port of entry.
On February 7, US President Donald Trump signed an Executive Order adressing so-called egregious actions of the Republic of South Africa, granting Afrikaners refugee status and facilitating their resettlement in the United States.
This was in response to President Cyril Ramaphosa's signing the Land Expropriation Bill into law.
The South African Chamber of Commerce in the USA says within 18 hours of Trump's order, they received more than 10,000 relocation inquiries.
Highlighting key points of Trump's executive order, immigration attorney Gwen Vermeulen at Move Up stated that the order seeks to prioritise Afrikaner refugees and suspend aid to South Africa.
Vermeulen warned that the US visa decision-makers have yet to sign off on a refugee claim.
She explained that the executive order specifically refers to Afrikaners as a 'group eligible for refugee status due to alleged race-based discrimination in South Africa'.
"Understanding this term’s scope is crucial in determining who qualifies for relief under US immigration law," she added.
There are two legal pathways for South African Afrikaners wanting to take up Trump's "offer".
Vermeulen explained that one option is Refugee Resettlement from outside the US.
"For this, applicants must demonstrate a well-founded fear of persecution based on race, religion, nationality, membership of a particular social group or political opinion," she said.
Candidates then require a referral from entities such as the United Nations High Commissioner for Refugees (UNHCR), the US Embassy or Consulate, or designated non-government organisations.
She said there is also a pre-screening and interview where, post referral, applicants undergo pre-screening by the Resettlement Support Center (RSC) and an interview with a United States Citizenship and Immigration Services (USCIS) officer.
"There is also a comprehensive background check and medical examination to ensure applicants do not pose security or public health risks. "Approved individuals receive visas under INA § 207 and access support services upon US arrival," Vermeulen said.
She said that via the second option, applicants may enter on various visas or request asylum at a US port of entry.
"They would have to file for asylum by submitting an I-589 within one year of arrival, with certain exceptions applicable under specific circumstances.
"The applicant must also present evidence of persecution during an interview with a USCIS asylum officer, and the applicant can apply for permanent residency after one year.
A breakdown of who can apply for the US Afrikaner refugee programme
Image: IOL
A guide to who cannot apply for the US Afrikaner refugee programme
Image: IOL
Vermeulen recommends that those wanting to seek asylum should seek legal representation.
"Navigating US immigration law is intricate and professional guidance is crucial," she added.
She further said applicants should gather comprehensive evidence on land expropriation, discrimination, and threats as this is essential.
"I recommend that potential candidates choose the appropriate pathway based on individual circumstances and prepare for rigorous scrutiny by ensuring all claims are credible and well-supported.
Weekend Argus