1. What Green Card options are available for Afghan and Iraqi nationals employed by the U.S. Government?

Afghan and Iraqi nationals employed by the U.S. Government may be eligible for the Special Immigrant Visa (SIV) program. The SIV program provides a pathway to U.S. permanent residency for certain Afghans and Iraqis who have worked in support of the U.S. Government in their respective countries. Individuals eligible for the SIV program must have worked as a translator, interpreter, or in other capacities for the US Government for at least one year in Afghanistan or Iraq after March 20th, 2003. In addition, they must have experienced or be experiencing an ongoing serious threat as a consequence of their employment with the US Government.

2. Are Iraqi and Afghan nationals employed by the U.S. Government eligible for the SIV program?

Yes, Iraqi and Afghan nationals who have worked for or on behalf of the U.S. Government are eligible to apply for the Special Immigrant Visa (SIV) program.

3. How long does it typically take to obtain a Green Card through the SIV program?

The typical timeline for obtaining a Green Card through the SIV program is 12-18 months. However, it can take longer depending on the processing times of USCIS and the embassy or consulate where the beneficiary is located.

4. What documents are required to apply for a Green Card through the SIV program?

In order to apply for a Green Card through the SIV program, applicants must submit a Form DS-230 (Application for Immigrant Visa and Alien Registration), Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant), and Form I-693 (Medical Report of Vaccination Status). Additionally, applicants must provide evidence of their service in the US military (such as a DD214), evidence of their relationship to the qualifying relative, and proof of identity and relationship to the qualifying relative.

5. Are there any restrictions on where an Afghan or Iraqi national can live after obtaining a Green Card?

No, there are no restrictions on where an Afghan or Iraqi national can live after obtaining a Green Card. However, these individuals will want to consider the cost of living in different states, the availability of jobs, and other factors when choosing a place to live.

6. Does the SIV program have a deadline for applications?

Yes, the application deadline for the SIV program is September 30, 2020.

7. Is a job offer from a US employer necessary in order to qualify for a Green Card through the SIV program?

Yes, a job offer from a US employer is necessary in order to qualify for a Green Card through the SIV program.

8. Does the employer need to provide additional information in order to support an employee’s SIV application?

Yes, the employer typically needs to provide additional information in order to support an employee’s SIV application. This may include proof of employment, a signed statement attesting to employment or visa status, and a statement of the employee’s duties. Depending on the type of visa, the employer may also need to provide other documents such as an evaluation of the employee’s job skills or a copy of the job offer letter. The employer must also confirm that the employee meets all the requirements necessary to receive a SIV.

9. Are there any other programs available to Afghan and Iraqi nationals employed by the U.S. government?

Yes, in addition to the Special Immigrant Visa (SIV) program, there are several other U.S. government programs available to Afghan and Iraqi nationals employed by the U.S. government. These include the Translator/Interpreter Program, which provides special visas for Afghans and Iraqis who provided translation services for the U.S. military or government, and the Special Immigrant Visa for Iraqi Nationals Employed by or on Behalf of the U.S. Government, which provides special visas for Iraqis employed by the U.S. government in Iraq after March 20, 2003. Additionally, the Refugee Crisis in Iraq Act of 2007 provides special visas for certain Iraqis who were forced to flee Iraq due to persecution based on their affiliation with the U.S. government or military service.

10. Can an Afghan or Iraqi national apply for a Green Card through the visa waiver program?

No, an Afghan or Iraqi national is not eligible to apply for a Green Card through the visa waiver program. The visa waiver program is intended for citizens of certain countries, and it allows those citizens to visit the United States for business or pleasure without obtaining a visa. Afghan and Iraqi citizens are not included in the visa waiver program, so they must obtain a visa to travel to the United States and must also apply for a Green Card through other means.

11. What is the process for applying for a Green Card through the visa waiver program?

The process for applying for a Green Card through the visa waiver program is as follows:

1. Determine eligibility. You must meet certain criteria to qualify for the visa waiver program, such as having a valid passport from a participating country and having an approved ESTA application.

2. Submit your visa waiver application. Once you have determined that you are eligible, you must submit Form I-601A, Application for Waiver of Grounds of Inadmissibility.

3. Pay the application fee. The fee for the visa waiver application is $220, which includes an $80 biometric fee.

4. Wait for a decision. Once your application is submitted, the USCIS will review it and make a decision on your eligibility for a Green Card. Depending on your circumstances, this process can take several months to complete.

5. Complete the adjustment of status process. Once your application is approved, you can complete the process to adjust your status to that of a permanent resident of the United States. This includes submitting an additional form and paying a fee.

12. Are there any restrictions on who can travel to the United States under the visa waiver program?

Yes, there are restrictions on who can travel to the United States under the visa waiver program. The restrictions are based on the traveler’s country of origin and their purpose of travel. For example, some countries are not eligible to participate in the visa waiver program, and those that are eligible may have additional restrictions such as requiring a valid ESTA (Electronic System for Travel Authorization) prior to arrival. Additionally, certain types of travelers may be ineligible for the visa waiver program, such as those seeking to reside in the United States or those who are traveling for business purposes.

13. How long does it take to receive a Green Card through the visa waiver program?

It usually takes anywhere from five to six months to receive a Green Card through the visa waiver program.

14. What types of jobs are eligible for the special immigrant visa (SIV) program?

The Special Immigrant Visa (SIV) program is available to certain foreign nationals who have provided services to the U.S. government in Iraq or Afghanistan. Eligible jobs include: translators, interpreters, cultural advisors, or personnel employed by the U.S. armed forces or under a United States government contract in Iraq or Afghanistan.

15. Are there any medical requirements to qualify for a Green Card through the SIV program?

Yes. To qualify for a Green Card through the SIV program, applicants must pass a medical examination that meets the requirements established by the U.S. Citizenship and Immigration Services (USCIS). Applicants must also meet certain eligibility criteria for the program, which include being of good moral character, having satisfactory proof of service in the armed forces of a foreign nation, and being able to demonstrate a need to live in the United States.

16. Are there any language requirements that must be met in order to qualify for a Green Card through the SIV program?

Yes. Applicants must demonstrate a “reasonable knowledge” of the English language. This means they must be able to read, write, and speak basic English.

17. Are there any educational requirements that must be met in order to qualify for a Green Card through the SIV program?

Yes, the applicant must demonstrate successful completion of a qualifying degree program, which includes a bachelor’s degree or higher from a U.S. accredited college, university, or other educational institution or a foreign equivalent degree.

18. Can an Afghan or Iraqi national be denied their request for permanent residence under the SIV program?

Yes, Afghan and Iraqi nationals can be denied their request for permanent residence under the SIV program. The Department of Homeland Security (DHS) will evaluate each application on a case-by-case basis and may deny a request for permanent residence if the applicant does not meet all of the requirements for such status.

19. What is the criteria used by United States Citizenship and Immigration Services (USCIS) when processing applications under the SIV Program?

The criteria used by USCIS when processing applications under the SIV Program are the following:

1. The applicant must have been employed by, or on behalf of, the U.S. government in Iraq or Afghanistan, for a period of at least one year between October 7, 2001 and December 31, 2021;

2. The applicant must have experienced or been exposed to an ongoing serious threat as a consequence of their employment;

3. The applicant must have been the subject of a favorable recommendation from the Department of Defense, Department of State or other U.S. government agency employed by the designated country;

4. The applicant must have undergone a successful background and security check; and

5. The applicant must be otherwise eligible for admission to the United States under all applicable laws and regulations.

20. Does an applicant need to provide proof of past employment or service in order to apply for a Green Card through the SIV Program?

No, an applicant does not need to provide proof of past employment or service in order to apply for a Green Card through the SIV Program. However, applicants must provide evidence that they qualify as a refugee by providing copies of documents such as a police report, passport, or other evidence of persecution.