1. What is the eligibility criteria for certain Afghan and Iraqi nationals to be granted a green card?

Under the Afghan and Iraqi Special Immigrant Visa (SIV) Program, certain Afghans and Iraqis who have provided or supported the United States Government (USG) in Afghanistan or Iraq may be eligible to receive a green card. Eligible applicants must meet the following criteria:

1. Must have been employed by or on behalf of the USG in Afghanistan or Iraq on or after October 7, 2001 for a period of at least one year;
2. Must have experienced an ongoing serious threat as a consequence of his or her employment with the USG;
3. Must be admissible to the US as an immigrant under US immigration laws, including all grounds of inadmissibility listed in US immigration law;
4. Must have a valid passport issued by his or her country of nationality; and
5. Must pass a background and security check conducted by the US Department of Homeland Security.

2. How can certain Afghan and Iraqi nationals apply for a green card?

Certain Afghan and Iraqi nationals may be eligible to apply for a green card through the U.S. Citizenship and Immigration Services’ (USCIS) Special Immigrant Visa (SIV) program. Eligible individuals include those who worked directly for or on behalf of the U.S. government in Iraq or Afghanistan as interpreters/translators, or in other capacities that the U.S. Secretary of Defense has determined to be “of strategic importance to the United States mission in Iraq or Afghanistan” or are publicly known to have assisted the U.S. mission in Iraq or Afghanistan. These applicants must meet certain eligibility requirements and must submit the required documentation to USCIS, including a Form I-360 and other supporting documents, as well as undergo biometric and security clearances.

3. What documentation is needed when applying for a green card for a certain Afghan and Iraqi national?

When applying for a green card for an Afghan or Iraqi national, the following documents must be provided:

1. Passport or other valid photo identification
2. Proof of Afghan or Iraqi citizenship, such as a birth certificate or naturalization papers
3. Documentation that proves the applicant’s identity, including copies of driver’s license and/or other official government-issued records
4. Evidence of employment and/or educational records
5. Evidence of any family relationship to a U.S. citizen or permanent resident
6. Evidence of any military service in Afghanistan or Iraq
7. Evidence of any refugee status or political asylum granted by the U.S. government
8. Evidence of any humanitarian parole granted by the U.S. government
9. A completed Form I-485, Application to Register Permanent Residence or Adjust Status
10. Two passport-style photographs meeting the U.S. Department of State standards
11. Required filing fees

4. What is the timeline for processing an application for a green card for certain Afghan and Iraqi nationals?

The timeline for processing an application for a green card for certain Afghan and Iraqi nationals will vary depending on the individual’s circumstances and the caseload of U.S. Citizenship and Immigration Services (USCIS). It can generally take between 6-12 months to process an application for a green card.

5. Can certain Afghan and Iraqi nationals apply for a green card from outside the United States?

Yes, certain Afghan and Iraqi nationals may apply for a green card from outside the United States. They must meet certain criteria, such as having been employed by or on behalf of the U.S. government in Iraq or Afghanistan, or having provided “faithful and valuable service to the United States” in Iraq or Afghanistan.

6. Is there any cost required to apply for a green card for certain Afghan and Iraqi nationals?

Yes. Certain Afghan and Iraqi nationals may be required to pay a fee to apply for a green card. The current fee for the I-485 application is $1,140.

7. Are there any restrictions or limitations on the activities that certain Afghan and Iraqi nationals can undertake while in the US with a green card?

Yes, there are certain restrictions and limitations on activities that certain Afghan and Iraqi nationals can undertake while in the United States with a green card. These restrictions are typically related to the type of work a foreign national can do while in the United States, as well as any travel outside of the United States they may plan to do. It is important to note that these restrictions are not absolute and can vary depending on individual cases and circumstances. To find out more about specific restrictions or limitations for Afghan and Iraqi nationals, it is recommended to consult with an immigration lawyer.

8. What are the benefits of having a green card for certain Afghan and Iraqi nationals?

A green card can provide Afghan and Iraqi nationals with the ability to live and work legally in the United States. Those with a green card can also apply for citizenship, access social services, receive federal benefits, apply for loans and credit cards, travel outside of the U.S., sponsor family members for green cards, and serve in the U.S. military. Additionally, having a green card allows these individuals to participate more fully in American life.

9. What is the process of appealing a denial of a green card application by certain Afghan and Iraqi nationals?

The process of appealing a denial of a green card application by certain Afghan and Iraqi nationals is the same as for other non-immigrant applicants. The applicant must first file a Notice of Appeal to the Board of Immigration Appeals (BIA). The BIA will review the denial decision and will either affirm or reverse the denial. If the BIA affirms the denial, the applicant can then file a petition for review with a federal court of appeals. The court will review the case and may either affirm or reverse the denial decision.

10. Can certain Afghan and Iraqi nationals apply for citizenship after obtaining their green card?

Yes, certain Afghan and Iraqi nationals may be eligible to apply for citizenship after obtaining a green card. To be eligible to apply for citizenship, an applicant must meet all of the requirements for naturalization, including having had their green card for at least five years and having continuously resided in the United States during that period. In addition, they must pass an English language and civics test, demonstrate good moral character and be attached to the principles of the U.S. Constitution.

11. Are there any restrictions on employment or travel for certain Afghan and Iraqi nationals with their green card?

Yes, there are certain restrictions on employment and travel for Afghan and Iraqi nationals who hold green cards. For example, these individuals may not be allowed to work in certain government positions or in jobs deemed to be related to national security. Additionally, they may be subject to certain travel restrictions, such as the requirement to obtain a visa for certain international trips.

12. How long must certain Afghan and Iraqi nationals remain in the US to remain eligible to keep their green card?

Under the International Protect Act (IRA), Afghan and Iraqi nationals who were granted asylum in the United States must remain in the U.S. for at least one year after being granted asylum before they are eligible to apply for a green card.

13. Are there any exceptions to the eligibility requirements for a green card for certain Afghan and Iraqi nationals?

Yes, there are exceptions to the eligibility requirements for a green card for certain Afghan and Iraqi nationals. The US government has created a special program called the Special Immigrant Visa (SIV) Program that allows certain Afghan and Iraqi nationals who have worked as interpreters or translators for the US Armed Forces, as well as certain other civil servants of the US Government, to qualify for expedited green card processing.

14. Are there any age restrictions on obtaining a green card for certain Afghan and Iraqi nationals?

Yes, there are age restrictions on obtaining a green card for certain Afghan and Iraqi nationals. To be eligible, a national must be under the age of 31 on the date of their Special Immigrant Visa (SIV) application. Additionally, they must have provided faithful and valuable service to either the United States Armed Forces or U.S. government officials in Iraq or Afghanistan for at least 12 months prior to the date of their SIV application.

15. Does having a criminal record disqualify certain Afghan and Iraqi nationals from obtaining a green card?

Yes, having a criminal record may disqualify certain Afghan and Iraqi nationals from obtaining a green card. Depending on the severity of the criminal charge, the individual may not be eligible for certain immigration benefits or visas.

16. How does the immigration process vary between certain Afghan and Iraqi national applicants who have family residing in the US versus those who do not?

The immigration process for certain Afghan and Iraqi national applicants with family residing in the US could be much simpler than for those without such support. For example, those with family members in the US may be eligible for a visa based on family reunification or a U.S. citizen or lawful permanent resident could file a petition on their behalf, which may give them direct access to a green card. In addition, extended family in the US can provide financial and emotional support during the immigration process.

Those without family in the US may have to apply for an employment-based visa or a diversity visa, which involves a lengthy and competitive application process. They might also need to find a US sponsor who is willing to help them with the application process as well as financially support them during their stay if they are granted the visa.

17. Are there any special provisions that are available to certain Afghan and Iraqi national applicants who have been victims of violence or persecution in their home countries?

Yes, certain Afghan and Iraqi nationals may be eligible for Special Immigrant Visas (SIVs) if they have been victims of violence or persecution in their home countries. These individuals must have worked directly, or provided faithful and valuable service, to the United States Government in Afghanistan or Iraq for a minimum of 12 months. To qualify, applicants must demonstrate fear of persecution or harm in their home country based on their employment by the U.S. government, and must meet other eligibility criteria.

18. Are there any requirements regarding medical or mental health assessments that must be met before certain Afghan and Iraqi national applicants can obtain their green card?

There are no specific medical or mental health assessments that need to be met for Afghan and Iraqi national applicants to obtain their green card. However, all applicants must meet certain medical and mental health criteria as part of the immigration process, such as being free of any communicable diseases and not having a mental disorder that could be a danger to themselves or others.

19. Are there any language proficiency requirements that must be met by certain Afghan and Iraqi national applicants before they can obtain their green card?

Yes. Applicants must demonstrate English language proficiency for certain types of immigration benefits. This includes meeting the English Language Proficiency Requirement for Naturalization, which requires applicants to demonstrate a speaking and reading level of English to be eligible for U.S. citizenship. Additionally, the U.S. Citizenship and Immigration Services (USCIS) requires all Afghan and Iraqi Special Immigrant Visa (SIV) applicants to take an English language proficiency exam as part of the application process.

20. What forms of financial support are available for certain Afghan and Iraqi national applicants while they are in the US awaiting their green cards to become available?

Financial support for Afghan and Iraqi national applicants while they are in the US awaiting their green cards to become available may include scholarships, grants, loans, student employment, and private and public assistance. Additionally, some organizations provide cash assistance in the form of stipends for individuals who are seeking asylum or refugee status.