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Iraqi or Afghan Special Immigrant Visa

United StatesHumanitarian protection

Explore the five recorded questions, answers and sources for this pathway.

Official link

What exactly is this: asylum, temporary protection, humanitarian admission, resettlement or another protection mechanism?

Section 1059 of the National Defense Authorization Act for Fiscal Year 2006 authorises up to 50 Special Immigrant Visas (SIVs) annually for Iraqi and Afghan nationals who worked directly with the U.S. Armed Forces or under Chief of Mission (COM) authority as a translator or interpreter for at least 12 months, and who obtained a favourable written recommendation from a General or Flag Officer in the chain of command (or from the Chief of Mission).

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Which population, circumstances or geographic group does the mechanism cover?

It covers persons who worked with the U.S. Armed Forces or under Chief of Mission (COM) authority as a translator or interpreter in Iraq or Afghanistan. Applicants must be a national of Iraq or Afghanistan; must have worked directly with the U.S. Armed Forces or under COM authority as a translator or interpreter for at least 12 months; and must have a favourable written recommendation from a General or Flag Officer in the chain of command of the supported U.S. Armed Forces unit, or from the Chief of Mission of the embassy where they worked. Up to 50 visas a year are available.

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Where can protection be requested, and is this a direct application, border/in-country request, referral or other process?

A petition-based process: the applicant first files Form I-360 (with original signature) directly with the USCIS Nebraska Service Center, with proof of Iraqi/Afghan nationality, at least 12 months' translator/interpreter work, a background check and screening, the recommendation letter and the filing payment. After USCIS approval the case goes to the Department of State's National Visa Center (NVC); the visa application is only formally made at an interview with a U.S. consular officer at an Embassy/Consulate.

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What happens after the request: registration, family handling, major support and rights where officially stated?

After USCIS approves the petition, the National Visa Center (NVC) creates the case and emails a Welcome Letter used to log in to CEAC. The applicant and each qualified family member immigrating with them complete Form DS-260 and collect civil documents, including a Refugee Benefits Election Form and a DS-0234 biodata form for each family member. NVC review takes up to eight weeks; NVC then either requests corrections or confirms the case is documentarily complete and schedules an interview once a visa is available, on a first-in, first-out basis. Not responding to NVC notices within one year risks termination of the petition. The laws listed on the official page made Afghan and Iraqi SIV holders eligible for the same resettlement assistance, entitlement programmes and other benefits as refugees, extended by 2008 and 2009 legislation to up to eight months from admission or adjustment; the official page does not state whether any later change applies to that period.

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Limits of the record
  • The laws listed on the official page made Afghan and Iraqi SIV holders eligible for the same resettlement assistance, entitlement programmes and other benefits as refugees, extended by 2008 and 2009 legislation to up to eight months from admission or adjustment; the official page does not state whether any later change applies to that period.

Which competent authority, UN body or official assistance channel should the person use?

The petition is handled by U.S. Citizenship and Immigration Services (USCIS), which provides information on Form I-360 petitions for this programme. After petition approval, the National Visa Center (NVC) is contactable at NVCSIV@state.gov or 1-603-334-0828 (with USCIS receipt number, full name and date of birth), 7:30 a.m. to midnight (EST). Applicants are told not to make travel arrangements, sell property or give up employment until and unless a U.S. visa is issued.

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Limits of the record
  • No fraud/scam warning specific to this program appears in the page body.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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