1. What are the eligibility requirements for Iraqi and Afghan nationals to apply for a special immigrant visa (SIV)?

In order to be eligible to apply for a Special Immigrant Visa (SIV) for Iraqi and Afghan nationals, applicants must meet all of the following criteria:

1. Have been employed by or on behalf of the U.S. Government in Iraq or Afghanistan for at least one year;

2. Have experienced or been threatened with serious harm as a consequence of their employment;

3. Demonstrate that they and their immediate family face serious threats to their personal safety as a result of their employment.

4. Have been determined eligible for a visa under the Iraqi and Afghan Allies Program as established by the Secretary of Homeland Security.

2. Is there an age limit for Iraqi and Afghan nationals to be eligible for the SIV?

Yes, Iraqi and Afghan nationals must be at least 21 years of age to be eligible for the SIV.

3. What documents must Iraqi and Afghan nationals provide in order to apply for a special immigrant visa (SIV)?

In order to apply for a special immigrant visa (SIV), Iraqi and Afghan nationals must provide certain documents such as a valid passport, proof of employment by the United States government or a contractor of the United States, and evidence that the applicant faced an ongoing serious threat as a result of his/her employment. Additionally, applicants must provide a police report documenting any threats they may have experienced as a result of their work, proof of identity and nationality, and documentary evidence of their relationship with a qualifying principal applicant.

4. Are there restrictions on the activities that Iraqi and Afghan SIV holders can engage in upon arrival in the United States?

Yes, there are restrictions on the activities that Iraqi and Afghan SIV holders can engage in upon arrival in the U.S. Iraqi and Afghan SIV holders are not authorized to work until they obtain an Employment Authorization Document (EAD). Additionally, Iraqi and Afghan SIV holders should not travel outside the U.S. until they obtain a Refugee Travel Document or Advance Parole from USCIS. They must also maintain their status as refugees, which includes notifying USCIS of any address changes within 10 days and maintaining annual registration with the Department of Homeland Security.

5. How long does it take to process an application for a special immigrant visa (SIV)?

The processing time for an application for a Special Immigrant Visa (SIV) can vary greatly depending on the individual’s circumstances. Generally, it can take six to twelve months to process an application for a SIV.

6. Is there a fee associated with filing an application for a special immigrant visa (SIV)?

Yes, there is a fee associated with filing an application for a Special Immigrant Visa (SIV). The fee is $445 and must be paid when submitting the application.

7. How does an applicant submit their application for a special immigrant visa (SIV)?

Individuals interested in applying for a Special Immigrant Visa (SIV) must submit an electronic application to the Department of State. The Department of State’s website provides detailed instructions on how to submit the application, which includes a form to be completed, personal documents, photos, and other supporting documentation. Applicants may also need to submit additional information if requested by the Department of State, such as medical and security clearance checks.

8. How does the Department of State prioritize applications for special immigrant visas (SIVs) from Iraqi and Afghan nationals?

The Department of State prioritizes applications for special immigrant visas (SIVs) from Iraqi and Afghan nationals based on several factors. These include the applicant’s connection to U.S. government programs in Iraq or Afghanistan, their past or current employment with the U.S. government, their prior military service with the armed forces of a coalition partner in Iraq or Afghanistan, and the severity of their personal security situation. Priority is also given to applicants who have been in the process of applying for a visa for more than one year.

9. What happens if an application for a special immigrant visa (SIV) is denied?

If an application for a Special Immigrant Visa (SIV) is denied, the applicant may appeal the decision through administrative procedures. If the appeal is unsuccessful, the applicant may seek legal representation to pursue other avenues for relief.

10. Is there a way to appeal a denial of an application for a special immigrant visa (SIV)?

Yes, an applicant for a special immigrant visa (SIV) may appeal a denial of their application by filing Form I-290B, Notice of Appeal or Motion. The form must be filed with the Board of Immigration Appeals (BIA) within 30 days of receiving the denial notice from the U.S. Citizenship and Immigration Services (USCIS).

11. How many interviews does an applicant for a special immigrant visa (SIV) typically have to attend?

The applicant typically has to attend at least two interviews for a special immigrant visa (SIV). The first is an interview with a consular officer at their local U.S. embassy or consulate, and the second is an interview with an official from U.S. Citizenship and Immigration Services (USCIS).

12. Are there any security or medical checks that applicants must pass in order to be eligible for the SIV program?

Yes, all applicants must pass security, health, and character checks before they are eligible for the SIV program. They must also demonstrate they are not a security risk to the United States.

13. Can applicants for a special immigrant visa (SIV) travel abroad while their applications are being processed?

No, applicants for a special immigrant visa (SIV) cannot travel abroad while their applications are being processed. However, they may be able to travel if they are granted advance parole from the U.S. Citizenship and Immigration Services (USCIS).

14. Does the United States provide any support to Iraqi and Afghan SIV holders after they arrive in the United States?

Yes, the United States provides SIV holders with a variety of resources to help make their transition to life in the US as smooth as possible. The US Refugee Resettlement Program, administered by the Office of Refugee Resettlement (ORR), provides on-arrival services that include case management, assistance with housing, employment, health care, and legal services. ORR also offers specialized services for survivors of torture and trauma. Additionally, ORR provides assistance for post-arrival refugee integration and community integration activities.

15. What is the maximum number of years that an Iraqi or Afghan SIV holder can remain in the United States?

Generally, there is no limit to the number of years an Iraqi or Afghan SIV holder can remain in the United States. However, SIV holders must still follow all immigration laws and maintain their legal status in the U.S. by applying for extensions and renewals as necessary.

16. Are there any restrictions on who can be included on an applicant’s application for a special immigrant visa (SIV)?

Yes, there are restrictions on who can be included on an applicant’s application for a special immigrant visa (SIV). The applicant must be a foreign national who meets the requirements of one of the categories of special immigrants and must have been employed by or on behalf of the U.S. government in Iraq or Afghanistan. The applicant must also show their work was “directly supporting” U.S. government efforts in Iraq or Afghanistan and the applicant must be able to demonstrate that they would face harm due to their work for the US government if they returned to their home country. Additionally, applicants must meet all other eligibility requirements and must be able to demonstrate a commitment to relocate to the United States if their application is approved.

17. Can dependents of Iraqi or Afghan nationals apply for a special immigrant visa (SIV)?

Yes, dependents of Iraqi or Afghan nationals may be eligible to apply for a Special Immigrant Visa (SIV). Eligibility is determined by a variety of factors including whether the principal applicant is a U.S. government employee or contractor, and whether they have been employed by either the U.S. government or a U.S. private contractor in Iraq or Afghanistan.

18. Can applicants who have been previously denied a U.S. visa apply for a special immigrant visa (SIV)?

Yes, applicants who have been previously denied a U.S. visa may apply for a special immigrant visa (SIV). However, they must meet the qualifications for a SIV in order to be approved.

19. Are there any restrictions on where Iraqi or Afghan SIV holders can work and live in the United States?

No, Iraqi and Afghan SIV holders are not subject to any restrictions on where they can work or live in the United States. They may live and work anywhere in the United States that they choose.

20. What other types of immigration benefits may be available to Iraqis and Afghans who obtain SIV status?

In addition to the SIV, Iraqis and Afghans may be eligible for other immigration benefits, including refugee status, asylum, family-based immigration, and diversity visas. They may also be eligible for special immigrant visas for certain religious minorities, such as members of the Hindu, Sikh, and Bahai faiths. Finally, they may be able to apply for adjustment of status if they are currently in the U.S. with a valid visa or entry document.