INFORMATION ON SPECIAL IMMIGRANT STATUS FOR PERSONS SERVING AS TRANSLATORS WITH THE UNITED STATES ARMED FORCES - (November 14, 2007)
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Summary:
This document provides interim guidance for special immigrant status for translators of the United States Armed Forces.
What is this program?
Under section 1059 of the National Defense Authorization Act for Fiscal Year 2006, Public Law 109-163, up to 50 Iraqi and Afghan translators working for the U.S. military have been eligible for special immigrant visas (SIVs) each fiscal year (FY). Public Law 110-36, which President Bush signed into law on June 15, 2007, amends section 1059 by expanding the total number of beneficiaries to 500 a year for FY 2007 and FY 2008 only. In FY 2009, the number of visas available for this category will revert to 50 annually. In addition to these Frequently Asked Questions for Applicants Living Overseas, also see the USCIS Fact Sheet on Afghan and Iraqi Translators.
This amendment also expands the category of eligible candidates to cover Iraqi and Afghan translators and interpreters who are under Chief of Mission (COM) authority.
Step 1: File an application with the Department of Homeland Security, U.S. Citizenship and Immigration Services
Who can apply? What are the requirements for the applicant?
Foreign nationals may self-petition for this special immigrant visa classification as COM or U.S. Armed Forces candidates if they meet all of the following requirements: Must be a national of Iraq or Afghanistan.
Must have worked directly with the U.S. Armed Forces or under Chief of Mission authority as a translator or interpreter for a period of at least 12 months.
Obtained a favorable written recommendation from a General or Flag Officer in the chain of command of the U.S. Armed Forces unit that was supported by the translator, or by the Chief of Mission.
Must have cleared a background check and screening as determined by a General or Flag Officer in the chain of command of the U.S. Armed Forces unit that was supported by the translator, or by the Chief of Mission.
Is otherwise eligible to receive an immigrant visa and is otherwise admissible to the U.S. for permanent residence, except in determining such admissibility, the grounds for inadmissibility specified in section 212 (A)(4) of such Act (8 U.S.C. 1182 (a)(4) relating to “public charge” shall not apply.
What about my family? May they immigrate with me?
Spouses and minor unmarried children of the translator who have been issued visas may travel with the principal applicant or may follow or join after the translator has been admitted to the United States.
Who files the petition? What documents are required with the petition
The translator should file the petition and the following package of documents directly with the US Citizenship and Immigration Service (USCIS), which is part of the Department of Homeland Security (DHS).
The petition must have the following supporting documents and required evidence at the time of filing: A copy of the passport or birth certificate showing the alien is a national of Iraq or Afghanistan.
Proof of working as a translator/interpreter with the Armed Forces or under the Chief of Mission for at least 12 months.
Proof of a background check and screening by the U.S. Armed Forces or the COM.
A recommendation letter from a General or Flag Officer in the chain of command of the unit supported by the translator, or from the COM at the embassy in Baghdad or Kabul.
Payment of fees for filing the petition (cited below)
Forms I-360 [NOTE: The I-360 must have the original signature of the translator to be properly filed.]
Where do I find the forms?
The forms are available on the USCIS website under the title "Forms and Fees."
NOTE: The Form I-360 currently available on the USCIS website does not include notations for the Iraqi and Afghani translators; the I-360 is currently under revision to include these notations. Please use the current form available from the website until the revised form is available.
Who may submit the letter of recommendation?
General, Lieutenant General, Major General, Brigadier General in the Army, Air Force, or Marine Corps; Admiral, Rear Admiral in the Navy, or the Chief of Mission in Baghdad or Kabul.
Is there a template or format for the letter of recommendation?
There is no formal format, but the letter should include the length of service, information concerning the translator's security clearance, and the recommendation.
Should I submit copies of commendations and recommendations along with the required recommendations?
Copies of any additional commendations and recommendations may be submitted, but they do not take the place of the required documents.
Where do I file the petition?
Translators may file with:
USCIS Nebraska Service Center
P.O. Box 87360
Lincoln, NE 68501-2521
What mailing address should be used on the I-360 for the translator?
USCIS cannot mail any letter outside the United States except to an APO address. If the translator has access to an APO address, USCIS will use this address. If there is not access to an APO and they have family or friends in the United States, that address may be used with the permission of the family or friend. In Part 1, line 3, the family member's or friend's name must be listed in the C/O section; otherwise the post office will not deliver the mail. All applicants must list an email address, as that is the easiest way for us to reach them.
Can the I-360 be filed by E-filing (electronically)?
No, this form is not set up for E-filing.
Where will the petitions be adjudicated? Who makes the decision?
All petitions for this program will be adjudicated at the USCIS Nebraska Service Center. Then the petitions will be forwarded to the Department of State National Visa Center (NVC). After the petitions are forwarded to the NVC, the NVC will contact the petitioner by email and begin to process the necessary documentation for the visa. Once the file is complete, immigrant visa interviews for the translator and immediate family may be conducted at an embassy or consulate that processes Immigrant Visas and that the applicant can easily travel to. Applicants should contact the National Visa Center to inquire if the case may be processed in the country that they are currently residing in or can easily travel to.
When the cap of 500 visas is reached, will the petitions be rejected and have to be refiled?
USCIS will continue to process each petition, even after the annual cap has been reached. When the petition has been approved, it will be sent to the National Visa Center. NVC will be in contact with the petitioner and will forward the petition to the Embassy when the visa case is ready for processing.
If my I-360 is denied, will the application fee be refunded?
No, this is a processing fee and is not based on the decision.
What is the difference between Part 1 and Part 3 of the Form I-360 and should both be completed?
Part 1 and Part 3 contain similar information but Part 3 includes additional needed information. Both should be completed.
In Part 2, what box should be checked?
Box "k" should be checked and "translator" or "interpreter" should be written on the line.
In Part 9 of the I-360 form, who can sign the section for USCIS Officers or Consular Officers?
Because of the dangers in Iraq, USCIS will accept the signature of U.S. military officers in the chain of command of the translator.
What are the fees associated with filing the petition?
For applicants filing through the Nebraska Service Center while residing outside the U.S., the I-360 fee is $375.00.
See www.uscis.gov for more information about fees.
What is the method of payment of the petition filing fee?
The method of payment is either a personal check on a U.S. bank, a money order in U.S. dollars, or a fee receipt from a U.S. Embassy abroad. This may be paid by anyone. If paid by someone other than the translator and by personal check, it is suggested the translator's name be written on the bottom of the check.
Can the fee be waived?
Yes, the translator may request a fee waiver by placing a cover sheet on the petition and explaining the reasons for the request. However, if the waiver is denied the petition will be rejected and the filing date will not be retained, i.e. you will lose your place in line and need to re-file the petition, going to the back of the line.
My question wasn't answered here. Where can I get more information about filing I-360 petitions with the Nebraska Service Center?
You can send an e-mail to SIVTranslator.NSC@dhs.gov.
Step 2: The petition is approved by USCIS and sent to the National Visa Center
When is a case ready for processing?
Interpreter/translator cases will be processed according to the order that they become documentarily qualified. For these cases, the priority date is the date when the petition was received or filed at the Nebraska Service Center.
The National Visa Center (NVC) will receive the approved petition from USCIS and contact the applicants to advise them to begin collecting documents and procure a passport. (Only the G and H series Iraqi passports are valid for travel to the United States.) NVC is now working with petitioners by e-mail to collect the appropriate visa application forms and copies of civil documents, at which point they will schedule the immigrant visa interview at a post overseas and forward the case to that post. Applicants should have or obtain and provide an e-mail address to facilitate communication with NVC, as this has proved to be the only reliable means of reaching approved petition beneficiaries to provide instructions. Applicants with an approved petition at NVC may contact NVC by e-mail at NVCCongressional@state.gov.
What documents do I need to send to NVC? (For Iraqi SIV applicants) A copy of the biodata page from the passport of each applicant. Iraqi applicants are strongly encouraged to obtain G series Iraqi passports.
The DS-230 parts 1 and 2
Scanned copies of a birth certificate for each applicant and any other civil documents showing the relationship between the petitioner and his/her spouse or minor children (e.g., marriage and divorce certificates, adoption decrees, etc.). If no birth certificate is available, the Iraqi national identity card (bataqa shaksiya) may be used instead of a birth certificate;
Any documentation that provides evidence of military service, including service dates, rank, post of assignment, etc.
If the applicant lived in a different country of nationality for more than 6 months AND was 16 years old at that time, THEN the applicant needs a police certificate from the police authorities of that locality.
All documents must be accompanied by a certified English translation. The translation must include a statement signed by the translator that states that the translation is accurate, and the translator is competent to translate.
In addition, all applicants should submit 2 recent photographs of themselves, which meet these photo requirements.
All documents must be accompanied by a certified English translation. The translation must include a statement signed by the translator that states that the translation is accurate, and the translator is competent to translate.
My question wasn't answered here. Where can I get more information about my approved petition?
You may e-mail the National Visa Center at NVCCongressional@state.gov.
Step 3: The Visa Interview
Is a personal interview required?
Yes. While USCIS approves petitions, an interview is required to determine visa eligibility. For that, an applicant must appear in person at a U.S. Embassy or Consulate where a consular officer will interview the applicant. U.S. law also requires all applicants to submit finger scans, which will be taken at the interview.
If the translator is in Iraq may the interview be conducted at the U.S. Embassy in Baghdad?
No, the U.S. Embassy in Baghdad does not issue immigrant visas. Most of the interviews will be in Amman for Iraqis. If the translator is in a third country, the interview in the closest U.S. Embassy or Consulate.
I do not have a valid passport, or I have an S, M or N series Iraqi passport
You should make all possible efforts to obtain an Iraqi G Series passport; failure to do so will complicate your ability to travel and delay your application. If your immigrant visa appointment has been scheduled, please contact the Embassy where the interview will be scheduled for information about what documents may be required for travel to that country. You should be aware that Iraq S, M and N series passports are not valid for travel to the United States, though in some instances a waiver may be available. Again, this will delay your travel significantly. Follow this link for more information.
Can the translator’s family accompany or follow-to-join him/her to the United States?
Yes, the spouse and unmarried/under 21 children may accompany or follow-to-join the translator. These family members may accompany the translator to the DOS interview and if the visa is issued, the family may travel as well. The translator will have to provide proof of the marriage relationship and the relationship to the children.
What documents should I bring to the interview?
In addition to your passport, please bring your Iraqi national identity card (bataqa shaksiya) as well as your military photo identification and originals of any civil documents, such as marriage certificates, birth certificates or death certificate.
Will the USG pay the cost for my travel to the interview?
No.
Can the U.S. Embassy arrange for my entry visas and guarantee admission for my interview?
No. While Embassies work closely with their host country counterparts to ensure coordination on important programs like the special immigrant visa program, the final decision about whom to admit into a country rests with the government of that country. Should entry prove to be a problem, the applicant should remain in close contact with the Embassy to which his or her case has been assigned.
Can the visa fee be waived?
No. We do not have any authority to waive the immigrant visa fees.
My question wasn't answered here. Where can I get more information about my pending visa?
You should directly contact the Embassy to which your case has been assigned. If your case has been assigned to Embassy Amman, you may e-mail ammansiv@state.gov.
Step 4: Arrival in the U.S.
Is there support for the transition period in the United States once the translator arrives?
There are no provisions in the law for any type of transition or financial benefits.
Who is responsible for the cost of travel to the United States for the translator?
There is no provision in the law for this cost. The translator is responsible for his/her own expenses. There are no financial immigration benefits as part of the special immigrant visa. Each translator is responsible for his/her own financial support.
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<> NEW! (1/28/2008)
NEW LEGISLATION CONCERNING IRAQI INTERPRETERS - (HR 4986 Section 1244):
Click HERE for Section 1244 in MS Word format.
Click HERE for the entire piece of legislation in PDF format.
SUMMARY:
SEC. 1244. SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS.
(a) In General- Subject to subsection (c), the Secretary of Homeland Security, or, notwithstanding any other provision of law, the Secretary of State in consultation with the Secretary of Homeland Security, may provide an alien described in subsection (b) with the status of a special immigrant under section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)), if the alien--
(1) or an agent acting on behalf of the alien, submits a petition for classification under section 203(b)(4) of such Act (8 U.S.C. 1153(b)(4));
(2) is otherwise eligible to receive an immigrant visa;
(3) is otherwise admissible to the United States for permanent residence (excluding the grounds for inadmissibility specified in section 212(a)(4) of such Act (8 U.S.C. 1182(a)(4)); and
(4) cleared a background check and appropriate screening, as determined by the Secretary of Homeland Security.
(b) Aliens Described-
(1) PRINCIPAL ALIENS- An alien is described in this subsection if the alien--
(A) is a citizen or national of Iraq;
(B) was or is employed by or on behalf of the United States Government in Iraq, on or after March 20, 2003, for not less than one year;
(C) provided faithful and valuable service to the United States Government, which is documented in a positive recommendation or evaluation, subject to paragraph (4), from the employee's senior supervisor or the person currently occupying that position, or a more senior person, if the employee's senior supervisor has left the employer or has left Iraq; and
(D) has experienced or is experiencing an ongoing serious threat as a consequence of the alien's employment by the United States Government.
(2) SPOUSES AND CHILDREN- An alien is described in this subsection if the alien--
(A) is the spouse or child of a principal alien described in paragraph (1); and
(B) is accompanying or following to join the principal alien in the United States.
(3) TREATMENT OF SURVIVING SPOUSE OR CHILD- An alien is described in subsection (b) if the alien--
(A) was the spouse or child of a principal alien described in paragraph (1) who had a petition for classification approved pursuant to this section or section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 8 U.S.C. 1101 note), which included the alien as an accompanying spouse or child; and
(B) due to the death of the principal alien--
(i) such petition was revoked or terminated (or otherwise rendered null); and
(ii) such petition would have been approved if the principal alien had survived.
(4) APPROVAL BY CHIEF OF MISSION REQUIRED- A recommendation or evaluation required under paragraph (1)(C) shall be accompanied by approval from the Chief of Mission, or the designee of the Chief of Mission, who shall conduct a risk assessment of the alien and an independent review of records maintained by the United States Government or hiring organization or entity to confirm employment and faithful and valuable service to the United States Government prior to approval of a petition under this section.
(c) Numerical Limitations-
(1) IN GENERAL- The total number of principal aliens who may be provided special immigrant status under this section may not exceed 5,000 per year for each of the five fiscal years beginning after the date of the enactment of this Act.
(2) EXCLUSION FROM NUMERICAL LIMITATIONS- Aliens provided special immigrant status under this section shall not be counted against any numerical limitation under sections 201(d), 202(a), or 203(b)(4) of the Immigration and Nationality Act (8 U.S.C. 1151(d), 1152(a), and 1153(b)(4)).
(3) CARRY FORWARD-
(A) FISCAL YEARS ONE THROUGH FOUR- If the numerical limitation specified in paragraph (1) is not reached during a given fiscal year referred to in such paragraph (with respect to fiscal years one through four), the numerical limitation specified in such paragraph for the following fiscal year shall be increased by a number equal to the difference between--
(i) the numerical limitation specified in paragraph (1) for the given fiscal year; and
(ii) the number of principal aliens provided special immigrant status under this section during the given fiscal year.
(B) FISCAL YEARS FIVE AND SIX- If the numerical limitation specified in paragraph (1) is not reached in the fifth fiscal year beginning after the date of the enactment of this Act, the total number of principal aliens who may be provided special immigrant status under this section for the sixth fiscal year beginning after such date shall be equal to the difference between--
(i) the numerical limitation specified in paragraph (1) for the fifth fiscal year; and
(ii) the number of principal aliens provided such status under this section during the fifth fiscal year.
(d) Visa and Passport Issuance and Fees- Neither the Secretary of State nor the Secretary of Homeland Security may charge an alien described in subsection (b) any fee in connection with an application for, or issuance of, a special immigrant visa. The Secretary of State shall make a reasonable effort to ensure that aliens described in this section who are issued special immigrant visas are provided with the appropriate series Iraqi passport necessary to enter the United States.
(e) Protection of Aliens- The Secretary of State, in consultation with the heads of other relevant Federal agencies, shall make a reasonable effort to provide an alien described in this section who is applying for a special immigrant visa with protection or the immediate removal from Iraq, if possible, of such alien if the Secretary determines after consultation that such alien is in imminent danger.
(f) Eligibility for Admission Under Other Classification- No alien shall be denied the opportunity to apply for admission under this section solely because such alien qualifies as an immediate relative or is eligible for any other immigrant classification.
(g) Resettlement Support- Iraqi aliens granted special immigrant status described in section 101(a)(27) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)) shall be eligible for resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of such Act (8 U.S.C. 1157) for a period not to exceed eight months.
(h) Rule of Construction- Nothing in this section may be construed to affect the authority of the Secretary of Homeland Security under section 1059 of the National Defense Authorization Act for Fiscal Year 2006.
