Iraqi and Afghan Special Immigrant Visa Programs
February 26, 2016
(R43725)
Jump to Main Text of Report
Summary
Iraqi and Afghan Special Immigrant
Visa Programs
Andorra Bruno
Specialist in Immigration Policy
January 20, 2015
Congressional Research Service
7-5700
www.crs.gov
R43725
Iraqi and Afghan Special Immigrant Visa Programs
Summary
Congress has enacted a series of legislative provisions since 2006 to enable certain Iraqi and
Afghan nationals to become U.S. lawful permanent residents (LPRs). These provisions make
certain Iraqis and Afghans who have worked as translators or interpreters, or who were employed
by, or on behalf of, the U.S. government in Iraq or Afghanistan, eligible for special immigrant
visas (SIVs). Special immigrants comprise a category of permanent employment-based
admissions under the Immigration and Nationality Act (INA). While the special immigrant
category is unique, it does bear some similarities to other admission categories that are authorized
by other sections of the INA, including refugees and Amerasian children.
To apply under the SIV programs for Iraqis or Afghans, a prospective special immigrant must
:
submit a petition to the Department of Homeland Security; be otherwise
eligibleeligible for an immigrant
visa; and be otherwise admissible to the United States.
An Iraqi
andor Afghan SIV
applicants whose
petitions areapplicant whose petition is approved and who
areis abroad
areis required to have an in-person visa interview at a
U.S. embassy or consulate abroad to determine visa eligibility. Upon admission to the United
States, SIV recipients are granted LPR status. Iraqi and Afghan special immigrants are eligible for
the same resettlement assistance and federal public benefits as refugees.
There are three SIV programs for Iraqi and Afghan nationals. One is a permanent program for
certain Iraqis and Afghans who have worked directly with U.S. Armed Forces, or under Chief of
Mission authority,
for at least one year as translators or interpreters. This program is currently
capped at 50 principal aliens (excluding spouses and children) per year.
A total of 2,760 visas
were issued to principals and dependent spouses and children under this program through
FY2013. According to preliminary data, 176 visas (45 to principal aliens) were issued under this
program in FY2014.
The other two SIV programs for Iraqis and Afghans are temporary. One program is for certain
Iraqis who were employed in Iraq by, or on behalf of, the U.S. government for at least one year
during a specified period. It was capped at 5,000 principal aliens annually for FY2008 through
FY2012 and included a provision to carry forward any unused numbers from one fiscal year to
the next. It expired at the end of FY2013, but was subsequently revived. Current statutory
authority provides for the issuance of no more than 2,500 visas to principal applicants after
January 1, 2014. A total of 13,147 visas were issued to principals and dependents under this
program through FY2013. According to preliminary data, 1,510 visas (including 435 to
principals) were issued under this program in FY2014.
January 1, 2014.
There is a similar SIV program for certain Afghans who were employed in Afghanistan by, or on
behalf of, the U.S. government or by the International Security Assistance Force
for at least one
year during a specified period. The program was capped at 1,500 principal aliens annually for
FY2009 through FY2013, with a provision to carry forward any unused numbers from one fiscal
year to the next. Current statutory authority provides for the issuance of no more than
47,000 visas
to principal aliens though September 30, 2016, in addition to any unused balance for FY2014. A
total of 2,719 visas were issued to principals and dependents under this program through FY2013.
According to preliminary data, 9,107 visas (including 3,441 to principals) were issued in FY2014.
to principal applicants after December 19, 2014.
Through the end of FY2015, more than 37,000 individuals were granted special immigrant status under the three SIV programs for Iraqi and Afghan nationals. Principal applicants accounted for about 15,000 of the total; the rest were dependent spouses and children.
The Iraqi and Afghan SIV programs have faced challenges with respect to application processing
and security screening. The structure of the SIV programs themselves, with statutory
time frames
timeframes and numerical limitations,
introduce additional complications.
Congressional Research Service
Iraqi and Afghan Special Immigrant Visa Programs
Contents
Introduction...................................................................................................................................... 1
Legislative History of the Special Immigrant Category .................................................................. 2
Special Immigrant Visas for Iraqis and Afghans ............................................................................. 3
Aliens Who Worked as Translators or Interpreters .................................................................... 4
Aliens Who Worked for the U.S. Government .......................................................................... 4
Iraqi and Afghan Special Immigrant Visa Application Process ....................................................... 6
Comparison of Special Immigrants to Other Selected Admissions Categories ............................... 8
Refugees .................................................................................................................................... 8
Resettlement Assistance and Federal Public Benefits ......................................................... 9
Amerasian Children ................................................................................................................. 10
Special Immigrant Visa Statistics .................................................................................................. 10
Selected Challenges ....................................................................................................................... 11
Application Processing ............................................................................................................ 12
Security Concerns.................................................................................................................... 13
Visa Availability ...................................................................................................................... 14
Conclusion ..................................................................................................................................... 16
Tables
Table 1. Comparison of Iraqi and Afghan Special Immigrant Visa Programs ................................. 6
Table 2. Special Immigrant Visas for Iraqi and Afghan Translators and Interpreters .................... 11
Table 3. Special Immigrant Visas for Iraqis and Afghans Who Worked for the
U.S. Government ........................................................................................................................ 11
Table A-1. Special Immigrant Visas for Iraqi Translators and Interpreters ................................... 17
Table A-2. Special Immigrant Visas for Afghan Translators and Interpreters ............................... 18
Table A-3. Special Immigrant Visas for Iraqis Who Worked for the U.S. Government ................ 19
Table A-4. Special Immigrant Visas for Afghans Who Worked for the U.S. Government ............ 19
Appendixes
Appendix. Additional Special Immigrant Data.............................................................................. 17
Contacts
Author Contact Information........................................................................................................... 19
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Iraqi and Afghan Special Immigrant Visa Programs
Introduction
introduces additional complication.
Iraqi and Afghan Special Immigrant Visa Programs
Introduction
The hundreds of Iraqi interpreters who work for the U.S. military conceal their identities in
distinctive ways.
One wears a bulletproof Kevlar helmet and a black mask. Another wears sunglasses and a
balaclava that covers his entire head.
What they share is the extraordinary danger of their job. Targeted for death by insurgents,
they also face suspicion from their employers and often lie to relatives for fear that word of
their job will get out.
1
1
This excerpt from a January 2006 article in a Michigan newspaper suggests the dangerous work
that Iraqi interpreters and translators have performed in support of the U.S. war effort. Other
sources similarly document the work performed by Afghan interpreters and translators.
2
2
In January 2006,
the 109th the 109th Congress enacted the first of a series of legislative provisions to enable
certain Iraqi and Afghan nationals to become U.S. lawful permanent residents (LPRs)
33 based on
their service to the U.S. government. Section 1059 of the FY2006 National Defense Authorization
Act4 Act4 made certain Iraqi and Afghan nationals who had worked directly with U.S. Armed Forces
as translators eligible for special immigrant visas (SIVs). Special immigrants comprise a category
of permanent employment-based admissions under the Immigration and Nationality Act (INA).
5
5 Upon admission to the United States, holders of SIVs are granted LPR status. A House Judiciary
Committee report on a related bill in the
109th 109th Congress to provide special immigrant status for
Iraqi and Afghan translators (H.R. 2293) described the need for the legislation, as follows:
A number of alien translators currently working in Iraq and Afghanistan embedded with
units of the U.S. Armed Forces are providing extremely valuable services. Their cooperation
and close identification with the U.S. military have put these individuals and their families in
danger. This danger will only escalate after U.S. forces leave or reduce their strength in Iraq
and Afghanistan.
6
6
Congress subsequently amended the special immigrant classification for translators to broaden it
and and also authorized a second special immigrant classification for certain Iraqi and Afghan nationals
who had worked for, or on behalf of, the U.S. government in Iraq or Afghanistan, respectively.
This report analyzes the SIV classifications for Iraqis and Afghans within the context of both the
larger INA special immigrant category and selected other permanent admissions categories. It
1
‘ “Terps’ Stick Their Necks Out; Iraqi Interpreters Put Lives on the Line to Assist War Effort,” Grand Rapids Press,
January 29, 2006, p. A14.
2
See, for example, Janie Har, “Afghan Gives Thanks for U.S.,” The Oregonian, November 23, 2007, p. A1; Brian
Albrecht, “Afghan, Iraqi War Aides Start Again Here,” Plain Dealer (Cleveland, OH), April 6, 2014, p. A1.
3
Lawful permanent residents, also known as immigrants and green card holders, are noncitizens who are legally
authorized to reside permanently in the United States.
4
P.L. 109-163, January 6, 2006.
5
Act of June 27, 1952, ch. 477, as amended, codified at 8 U.S.C. §1101 et seq.
6
U.S. Congress, House Committee on the Judiciary, To Provide Special Immigrant Status for Aliens Serving as
Translators with the United States Armed Forces, report to accompany H.R. 2293, 109th Cong., 1st sess., H.Rept. 10999, May 26, 2005.
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Iraqi and Afghan Special Immigrant Visa Programs
larger INA special immigrant category and selected other permanent admissions categories. It discusses the legislative changes to the individual Iraqi and Afghan special immigrant programs
since their initial authorization, provides statistics on visa issuances, and considers challenges that
have faced the programs.
Legislative History of the Special Immigrant
Category
Category
The term special immigrant is defined in Section 101(a)(27) of the INA. The definition consists
of an enumeration of classifications eligible for this category, such as LPRs who are returning
from a temporary stay abroad.
77 Most special immigrant classifications are subject to an annual
numerical limitation.
8
8
The special immigrant category was added to the INA by a 1965 immigration law, known as the
1965 amendments.
99 The INA, as originally enacted in 1952, included a predecessor category of
nonquota immigrants, immigrants who could be admitted to the United States without regard to
numerical limitations. In the 1952 act, these nonquota immigrants included returning LPRs,
natives of Western Hemisphere countries, ministers of religion, and long-serving employees of
the U.S. government abroad, among other groups. The 1965 amendments to the INA redesignated
the nonquota immigrants as special immigrants and made some changes to the
various
classifications.
various classifications.
The Immigration Act of 1990 further amended the special immigrant provisions in the INA.
10 It
10 It placed the special immigrant category under a revised INA section on permanent
employmentbased immigration11employment-based immigration11 and imposed an overall annual numerical limitation of 10,000 on special
immigrants, with exemptions for certain classifications.
1212 In addition, the 1990 act amended the
existing special immigrant classifications and added several new ones.
13 A 1991 immigration
act14
act13 changed the overall annual limitation on special immigrants from 10,000 to 7.1% of the
worldwide level of employment-based immigration.
15 Subsequent laws added new special
immigrant classifications.
7
INA §101(a)(27)(A). Returning LPRs are the largest special immigrant group.
Returning LPRs are an exception; this special immigrant classification is not subject to a numerical limitation.
9
P.L. 89-236, October 3, 1965.
10
P.L. 101-169, November 29, 1990.
11
INA §203(b). See CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview, by
William A. Kandel.
12
The 1990 act also imposed a cap of 5,000 on religious workers other than ministers within the overall annual
numerical limitation of 10,000.
13
Among the new classifications was one for certain aliens who had been declared dependent on a juvenile court. This
special immigrant juvenile classification has since been amended. See CRS Report R43628, Unaccompanied Alien
Children: Potential Factors Contributing to Recent Immigration, coordinated by William A. Kandel, pp. 19-20.
14
Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102-232, December 12,
1991).
15
The base worldwide limit on employment-based immigration is 140,000; using this base, the special immigrant limit
of 7.1% equals 9,940. See CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview,
by William A. Kandel.
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14 Subsequent laws added new special immigrant classifications.
Today the special immigrant category encompasses a hodgepodge of classifications, but there are
some commonalities among the seemingly disparate groups. Many of the classifications, for
example, have a humanitarian element. In another commonality, some of the classifications are
directed at individuals in certain fields of work that have a public service component. These
include classifications for religious workers, graduates of foreign medical
schoolschools licensed to
practice medicine in the United States, and international broadcasters.
16
15
Particularly relevant for this report are special immigrant classifications that apply to individuals
who have worked for the U.S. government. These include classifications for 15-year employees
or former employees of the U.S. government abroad; nationals of Panama who are 15-year
employees or former employees of the U.S. government in the former Canal Zone; and
individuals who, after lawful enlistment abroad, have served or will serve on active duty in the
U.S. Armed Forces for 12 years.
1716 Some of the classifications based on U.S. government
employment apply to individuals who are placed in danger because of their work. For example,
there is a special immigrant classification for individuals who were employees of the Panama
Canal Company or Canal Zone Government on April 1, 1979, who provided faithful service for at
least five years, and
“"whose personal safety, or the personal safety of whose spouse or children,
as a direct result of such Treaty, is reasonably placed in danger because of the special nature of
any of that employment.
”18"17 As discussed in the next section, the two special immigrant
classifications for Iraqis and Afghans similarly apply to individuals who have performed U.S.
government-related service, with one requiring the presence of a serious threat to the individual
as a result of that U.S. government employment.
19
18
Special Immigrant Visas for Iraqis and Afghans
There are two special immigrant classifications specifically for nationals of Iraq and Afghanistan:
one for individuals who worked as translators or interpreters and one for individuals who were
employed by, or on behalf of, the U.S. government in Iraq or by, or on behalf of, the U.S.
government or by the International Security Assistance Force in Afghanistan. These
classifications, in their current form, are the product of a series of legislative enactments, which
initially established the classifications and then amended them (see Table 1 for a comparison of
the main features of the programs within these classifications).
In the case of the classifications for Iraqis and Afghans, a prospective special immigrant must
submit a petition for classification; be otherwise eligible to receive an immigrant visa; and be
otherwise admissible to the United States, as specified. With respect to this last requirement, in
order to gain admission to the United States, an individual must be
admissibleadmissible under the INA. The
INA sets forth various grounds of inadmissibility, which include health-related grounds, security16
INA §101(a)(27)(C), (H), (M).
INA §101(a)(27)(D), (F), (K). With respect to the Panamanian nationals, in the early 1900s the United States gained
rights to build and operate the Panama Canal and gained permanent rights to a Panama Canal Zone. Under the terms of
the Panama Canal Treaty of 1977, the Panama Canal Zone ceased to exist in 1979 and the Canal was turned over to the
Panamanians in 1999. U.S. Department of State, Office of the Historian, Milestones: 1977-1980, “The Panama Canal
and the Torrijos-Carter Treaties,” http://history.state.gov/milestones/1977-1980/panama-canal.
18
INA §101(a)(27)(G). April 1, 1979, was the effective date of the exchange of instruments of ratification of the
Panama Canal Treaty of 1977.
19
The special immigrant classifications for Iraqis and Afghans are not enumerated in INA §101(a)(27). The public laws
that established them did not amend the INA.
17
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INA sets forth various grounds of inadmissibility, which include health-related grounds, security-related grounds, and public charge (i.e., indigence). The public charge ground does not apply to
applicants under the special immigrant programs for Iraqis and Afghans; thus, these applicants are
not required to demonstrate economic self-sufficiency.
Aliens Who Worked as Translators or Interpreters
Section 1059 of the FY2006 National Defense Authorization Act made certain Iraqi and Afghan
nationals who had worked directly with U.S. Armed Forces for at least one year as translators,
and their spouses and children, eligible to be classified as special immigrants. The provision
capped the number of principal
aliens20aliens19 who could become special immigrants at 50 annually and
provided that these individuals would count against the overall special immigrant cap (see
“ "Legislative History of the Special Immigrant
Category”).
Category").
Section 1059 was amended in
200721200720 to expand eligibility to certain Iraqi and Afghan nationals
who had worked directly with U.S. Armed Forces, or under Chief of Mission authority,
2221 for at
least one year as translators or interpreters. To be eligible for this special immigrant classification,
as amended, the alien also had to obtain a favorable written recommendation from the Chief of
Mission or a general or flag officer in the relevant Armed Forces unit. The 2007 legislation
temporarily increased the numerical limit on this special immigrant program (to 500 for each of
FY2007 and FY2008) and provided that the classification would be exempt from the overall
numerical limits on special immigrants.
2322 Another 2007 amendment provided that if the numerical
limits were not reached in a fiscal year any remaining numbers would be carried forward to the
next year.
24
23
Aliens Who Worked for the U.S. Government
A second special immigrant classification for nationals of Iraq or Afghanistan and their spouses
and children was established by Section 1244 of the FY2008 National Defense Authorization Act
(for Iraqis) and by Title VI of the Omnibus Appropriations Act, 2009 (for Afghans).
2524 This
classification, as subsequently amended, is for certain Iraqi and Afghan nationals who have been
employed by, or on behalf of, the U.S. government in Iraq or Afghanistan, respectively,
for at
least one year during a specified period.26 A 2014 law27 expanded eligibility for the Afghan
20
Excluding spouses and children.
P.L. 110-28, Title III, §3812, May 25, 2007; P.L. 110-36, June 15, 2007. These two public laws include many of the
same provisions on special immigrant visas for Iraqi and Afghan translators and interpreters.
22
The Chief of Mission is the principal officer in charge of a U.S. diplomatic mission abroad. An individual who
worked for the U.S. Embassy in Baghdad, Iraq, or the U.S. Embassy in Kabul, Afghanistan, directly (not as a
contractor) is deemed to have worked under Chief of Mission authority.
23
In addition, the legislation authorized the Secretary of Homeland Security to adjust the status of an alien who had
been paroled into the country or had been admitted as a temporary legal resident and who was otherwise eligible for the
special immigrant classification even if the alien was not in a lawful immigration status, had engaged in unauthorized
employment, or had otherwise violated the terms of his or her nonimmigrant visa. With some exceptions, such behavior
would typically make an alien ineligible to adjust to LPR status. Parole is discretionary authority that may be exercised
by DHS to allow an alien to enter the United States temporarily (without being formally admitted) for urgent
humanitarian reasons or when the entry is determined to be for significant public benefit.
24
P.L. 110-161, December 26, 2007.
25
P.L. 110-181, January 28, 2008 (Iraqis); P.L. 111-8, March 11, 2009 (Afghans).
26
Iraqis must have been employed on or after March 20, 2003; Afghans must have been employed on or after October
(continued...)
21
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program to include certain employees of the International Security Assistance Force. To be
eligible for this special immigrant classification, an alien must obtain a recommendation from a
senior supervisor that documents the alien’s “faithful and valuable service” and that is
accompanied by approval from the Chief of Mission. In addition, an applicant must have
experienced “an ongoing serious threat” as a result of his or her employment.
The Section 1244 program for Iraqis was originally capped at 5,000 principal aliens annually for
five years (later specified as FY2008-FY201228) with a provision to carry forward any unused
numbers from one fiscal year to the next, including from FY2012 to FY2013. This program
expired for principal aliens at the end of FY2013.29 In October 2013, however, the 113th Congress
approved an extension.as specified. The Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 201525 expanded eligibility for the Afghan program to include certain employees of the International Security Assistance Force. To be eligible for this special immigrant classification for nationals of Iraq or Afghanistan, an alien must obtain a recommendation from a senior supervisor that documents the alien's "faithful and valuable service" and that is accompanied by approval from the Chief of Mission. In addition, an applicant must have experienced "an ongoing serious threat" as a result of his or her employment.
Iraqi Program
The Section 1244 program for Iraqis who have been employed by, or on behalf of, the U.S. government in Iraq requires not less than one year of employment on or after March 20, 2003. The law that originally established the program did not specify an end date for the employment period. The Iraqi program was initially capped at 5,000 principal aliens annually for five years (later specified as FY2008-FY2012)26 with a provision to carry forward any unused numbers from one fiscal year to the next, including from FY2012 to FY2013. This program expired for principal aliens at the end of FY2013.27
At the beginning of FY2014, however, the 113th Congress approved a short-term extension of the program in P.L. 113-42.28 For FY2014, P.L. 113-42 provided for the approval of cases that were
pending when the program expired on September 30, 2013, as well as 2,000 new cases, as long as
the principal aliens in the new cases
completed the required one-year period of employment by September 30, 2013, and filed an application with the Chief of Mission in Iraq by
December 31, 2013. The National Defense Authorization Act for Fiscal Year
201430201429 rewrote the
extension language in P.L. 113-42 to provide for the issuance of no more than 2,500 visas to
principal applicants after January 1, 2014, and to extend the application deadline to September
30, 2014 (for an overview of the application process, see
“"Iraqi and Afghan Special Immigrant
Visa Application Process
”).
A similar special immigrant program for Afghans was originally capped at 1,500 principal aliens
").
Afghan Program
A similar special immigrant program for Afghans who have been employed by, or on behalf of, the U.S. government in Afghanistan, as originally enacted, required not less than one year of employment on or after October 7, 2001. It was initially capped at 1,500 principal aliens annually for FY2009 through FY2013 with a provision to carry forward any unused numbers
from one fiscal year to the next, including from FY2013 to FY2014.
Several laws passed by the 113th Congress amended the Afghan program's numerical limitations to provide for additional visas. The Consolidated The Consolidated
Appropriations Act, 2014,
amended this language to provide30 provided for the granting of special immigrant
visas status to up to 3,000 principal aliens for FY2014 and
to provide for the carrying forward and use
of any unused balance for FY2014 through the end of FY2015. This law
required the one-year employment period to end by December 31, 2014, and required principal aliens
to file an application with the Chief of Mission in Afghanistan by September 30,
2014312014 (see
“ "Iraqi and Afghan Special Immigrant Visa Application Process
”). P.L. 113-16032 further amended
the numerical limitations provisions under the Afghan program to add new language providing
"). The Emergency Afghan Allies Extension Act of 201431 provided that an additional 1,000 principal aliens could be granted special immigrant status by December
31, 2014. This language required principal aliens to apply to the Chief of Mission no later than
the same December 31, 2014, date.
The Carl Levin and Howard P. Buck McKeon National
Defense Authorization Act for Fiscal Year 201533 made additional changes to the Afghan
program’s numerical limitations. It made up to 4,000 additional Afghan special immigrant visas
available from the enactment date through September 30, 2016. The deadline to apply to the
Chief of Mission is December 31, 2015, and the authority to issue the visas expires on March 31,
2017.
(...continued)
7, 2001.
27
P.L. 113-291, Division A, §1227, December 19, 2014.
28
P.L. 110-242, June 3, 2008.
29
According to USCIS, “the authority to grant derivative [special immigrant visa] status to spouses and children of
principal Iraqi SIVs did not sunset on Sept. 30, 2013.” USCIS, “Special Immigrant Visa Program for Iraqi Nationals
Who Worked For or On Behalf Of the U.S. Government Extended,” news alert, http://www.uscis.gov/news/alerts/
special-immigrant-visa-program-iraqi-nationals-who-worked-or-behalf-us-government-extended.
30
P.L. 113-66, December 26, 2013.
31
P.L. 113-76, Division K, §7034(o), January 17, 2014.
32
August 8, 2014.
33
P.L. 113-291, Division A, §1227, December 19, 2014.
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As noted, since FY2009, the annual numerical limit on the Section 1059 program for translators
and interpreters has been 50, well below the numerical limits on the programs for Iraqis and
Afghans who were employed by, or on behalf of, the U.S. government in Iraq or Afghanistan,
respectively. A 2008 law34 authorized the Secretary of Homeland Security or the Secretary of
State to convert an approved special immigrant petition under the former program (filed before
October 1, 2008) for which a visa is not immediately available to an approved petition under the
latter program and subject to the numerical limits of that latter program.
Table 1. Comparison of Iraqi and Afghan Special Immigrant Visa Programs
Iraqis and Afghans
Who Have Worked as
Translators or
Interpreters
Iraqis Who Have
Worked for or on
Behalf of the U.S.
Government
Afghans Who Have
Worked for or on
Behalf of the U.S.
Government or for the
International Security
Assistance Force
Nature/duration of
Program
Permanent
Temporary (until all visas
issued)
Temporary (until end of
FY2016)
Required work period for
eligibility
At least 1 year
At least 1 year between
3/20/2003 and 9/30/2013
At least 1 year between
10/7/2001 and 9/30/2015
Ability of spouse/children
to accompany
Yes
Yes
Yes
Application deadline
None
9/30/2014
12/31/2015
Current numerical cap
50 per year
2,500 after 1/1/2014
4,000 through 9/30/2016
(plus any FY2014 unused
balance)
Eligibility for refugee
benefits
Yes
Yes
Yes
Source: P.L. 109-163Making further changes to the Afghan program's numerical limitations, the FY2015 National Defense Authorization Act provided that an additional 4,000 principal aliens could obtain special immigrant status from the December 19, 2014, enactment date through September 30, 2016. For purposes of obtaining special immigrant status under the new provision, the law set the termination date for the required one-year employment period at September 30, 2015, the deadline to apply to the Chief of Mission at December 31, 2015, and the expiration date for the visa issuance authority at March 31, 2017.
Legislation passed in the 114th Congress further amends the Afghan special immigrant visa program. The National Defense Authorization Act for Fiscal Year 201632 increases from 4,000 to 7,000 the number of additional special immigrant visas available for issuance after December 19, 2014. These visas will remain available until used. The act also modifies the employment requirements for certain applicants, requiring no less than two years of employment for those filing petitions after September 30, 2015, and extends both the employment period for eligibility and the application deadline until December 31, 2016. With respect to the future of the Afghan special immigrant visa program, the act includes the following provision:
It is the sense of Congress that the necessity of providing special immigrant status under this subsection should be assessed at regular intervals by the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, taking into account the scope of the current and planned presence of United States troops in Afghanistan, the current and prospective numbers of citizens and nationals of Afghanistan employed ..., and the security climate in Afghanistan.
Conversion of Petitions
As noted, since FY2009, the annual numerical limit on the Section 1059 program for translators and interpreters has been 50, well below the numerical limits on the programs for Iraqis and Afghans who were employed by, or on behalf of, the U.S. government in Iraq or Afghanistan, respectively. A 2008 law33 authorized the Secretary of Homeland Security or the Secretary of State to convert an approved special immigrant petition under the former program (filed before October 1, 2008) for which a visa is not immediately available to an approved petition under the latter program and subject to the numerical limits of that latter program.
Table 1. Comparison of Iraqi and Afghan Special Immigrant Visa Programs
Iraqis and Afghans Who Have Worked as Translators or Interpreters
|
Iraqis Who Have Worked for or on Behalf of the U.S. Government
|
Afghans Who Have Worked for or on Behalf of the U.S. Government or for the International Security Assistance Force
|
|
Nature/duration of Program
|
Permanent
|
Temporary (until all visas issued)
|
Temporary (until all visas issued)
|
Required work period for eligibility
|
At least 1 year
At least 1 year between 3/20/2003 and 9/30/2013
|
At least 1 year (or at least 2 years if petition filed after 9/30/15) between 10/7/2001 and 12/31/2016
|
|
Ability of spouse/children to accompany
|
Yes
|
Yes
|
Yes
|
|
Application deadline
|
None
|
9/30/2014
|
12/31/2016
|
|
Current numerical cap
|
50 per year
|
2,500 after 1/1/2014
|
7,000 after 12/19/2014
|
|
Eligibility for refugee benefits
|
Yes
|
Yes
|
Yes
|
Source: P.L. 109-163, §1059, as amended, 8 U.S.C. 1101 note; P.L. 110-181, §1244, as amended, 8 U.S.C. 1157
note: P.L. 111-8, §602, as amended, 8 U.S.C. 1101 note.
Iraqi and Afghan Special Immigrant Visa
Application Process
The process of applying for an Iraqi or Afghan special immigrant visa has multiple steps. The
application process described in this section is for Iraqis and Afghans who are abroad, who
represent the vast majority of applicants.
3534 (An applicant in the United States whose petition for
classification as a special immigrant is approved under the process described below could then
34
P.L. 110-242, June 3, 2008.
For additional information on the application process, see U.S. Department of State, Bureau of Consular Affairs,
Special Immigrant Visas (SIVs) for Iraqi and Afghan Translators/Interpreters; U.S. Department of State, Bureau of
Consular Affairs, Special Immigrant Visas for Iraqis - Who Were Employed by/on Behalf of the U.S. Government; and
U.S. Department of State, Bureau of Consular Affairs, Special Immigrant Visas for Afghans - Who Were Employed
by/on Behalf of the U.S. Government, all available through http://travel.state.gov/content/visas/english/immigrate.html.
35
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submit an application to adjust
status36status35 along with supporting documentation; applicants in the
United States do not go through the visa process.)
The first step under the programs for Iraqis and Afghans who have worked for or on behalf of the
United States is to apply for Chief of Mission approval. To apply, the principal applicant must
submit documentation to the Department of State (DOS), including, among other required
information, a letter from the applicant
’'s employer confirming employment; a letter of
recommendation from the applicant
’'s direct, U.S. citizen supervisor; and a statement from the
applicant describing the threats he or she received as a result of his or her U.S. government
employment. If approval is granted, the applicant receives a Chief of Mission approval letter.
The next step for applicants under the special immigrant programs for Iraqis and Afghans who
have worked for, or on behalf of, the United States—and the first step for applicants under the
program for translators and interpreters—is to file a petition with the Department of Homeland
Security’ Security's U.S. Citizenship and Immigration Services (DHS/USCIS) along with accompanying
documents. In the case of the program for those who have worked for, or on behalf of, the United
States, the required documents include copies of the Chief of Mission approval letter and of the
letter of recommendation from the direct supervisor. In the case of the program for those who
have worked as translators or interpreters, the required documents include evidence of qualifying
employment, a letter of recommendation from the Chief of Mission or a general or flag officer in
the relevant U.S. Armed Forces unit, and evidence of a background check and screening by the
Chief of Mission or the U.S. Armed Forces.
Petitions for classification as an Iraqi or Afghan special immigrant that are approved by USCIS
are forwarded to DOS
’'s National Visa Center (NVC), which contacts the applicant to advise him
or her to begin collecting required documents. The applicant must submit forms and documents
for all family members applying for visas to the NVC. In addition to the immigrant visa
application, these materials include copies of passport biodata pages, birth certificates, and civil
documents; police certificates, if applicable;
3736 and a refugee benefits election form, indicating
whether the applicant, if approved to receive a special immigrant visa, would like to participate in
DOS’ DOS's Reception and Placement program and receive associated benefits (see
“Resettlement
"Resettlement Assistance and Federal Public Benefits
”).
").
The NVC schedules an in-person visa interview for the principal applicant and any family
members at a U.S. embassy or consulate abroad. The interview is required to determine eligibility
for a visa. Applicants
’' fingerprints are taken at the time of the interview. Applicants are also
required to have a medical examination at their own cost. After the interview, the consular office
informs the applicant about any missing documentation and about any problems with the case that
may prevent issuance of a visa. Many cases require additional
“"administrative processing
” after
the interview. According to DOS, the amount of time required for administrative processing
varies depending on the particular circumstances of the case, but “most administrative processing
is resolved within 60 days of the visa interview.”38
36
Adjustment of status is the process of obtaining LPR status from within the United States.
A police certificate is required for residents of Iraq. Applicants from Iraq or Afghanistan who have lived in another
country for more than 12 months after age 16 must submit a police certificate from that locality. A police certificate is
not otherwise required for residents of Afghanistan.
38
See U.S. Department of State, Bureau of Consular Affairs, Administrative Processing, http://travel.state.gov/content/
visas/english/general/administrative-processing-information.html.
37
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" after the interview.
Applicants who are issued visas and who have elected to participate in DOS
’'s resettlement
program must have their travel to the United States arranged by the International Organization for
Migration. Visa recipients who have elected not to participate in DOS
’'s resettlement program are
responsible for making their own travel arrangements. Upon admission to the United States, SIV
recipients obtain LPR status.
Comparison of Special Immigrants to Other
Selected Admissions Categories
Special immigrant classifications have been established to provide for the permanent admission to
the United States of specific populations. As noted, special immigrants comprise a subcategory of
permanent employment-based immigrants in the INA, although they are not, in fact, admitted for
employment purposes.
3937 While the special immigrant category is unique, it does bear similarities
to other admission categories that are authorized by other sections of the INA.
Refugees
Refugees
Unlike special immigrants, refugees comprise a category of humanitarian admissions under the
INA.
4038 As defined in the INA, a refugee is a person who is unwilling or unable to return to his or
her home country
“"because of persecution or a well-founded fear of persecution on account of
race, religion, nationality, membership in a particular social group, or political opinion.
”41
"39 Refugees accepted for admission to the United States can be accompanied by their spouses and
children. The admissions process for refugees is separate from and different than the process for
immigrants. After one year in refugee status, they are required to apply to adjust to LPR status.
42
40 By contrast, special immigrants, like immigrants generally, are granted LPR status upon
admission to the United States.
Despite the definitional and procedural differences, there is overlap between the refugee category
and the special immigrant category, particularly the special immigrant classifications for Iraqis
and Afghans. And the same individuals may be eligible to apply for both refugee status and for
classification under one of the Iraqi or Afghan special immigrant programs. Unlike the refugee
category, the special immigrant classifications for Iraqis and Afghans do not require a showing of
persecution. At the same time, the statutory definitions of an eligible alien for the special
immigrant programs for Iraqis and Afghans who have worked for, or on behalf of, the United
States include the following:
“"has experienced or is experiencing an ongoing serious threat as a
consequence of the alien
’s employment by the United States Government.”43
39
For a general discussion of the permanent immigration system, including employment-based immigration, see CRS
Report R42866, Permanent Legal Immigration to the United States: Policy Overview.
40
The refugee admissions process is set forth in INA §207.
41
INA §101(a)(42).
42
See CRS Report RL31269, Refugee Admissions and Resettlement Policy, by Andorra Bruno.
43
P.L. 110-181, §1244(b)(1)(D), 8 U.S.C. 1157 note (Iraqis); P.L. 111-8, §602(2)(A)(iv), 8 U.S.C. 1101 note
(Afghans). No such requirement exists for applicants under the special immigrant program for translators and
interpreters. For further discussion of the relationship between the refugee and Iraqi and Afghan SIV programs, see
Testimony of USCIS Refugee Affairs Division Chief Barbara Strack, U.S. Congress, House Committee on Homeland
(continued...)
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's employment by the United States Government."41
Another similarity between the special immigrant and refugee categories concerns the element of
having a connection to the United States. As noted in the preceding legislative history discussion,
U.S. government service is a common feature in special immigrant classifications, including
those for Iraqis and Afghans. A U.S. connection also may facilitate access to the U.S. refugee
admissions program. Overseas refugee processing is conducted through a system of three
priorities for admission. The priorities provide access to U.S. resettlement consideration. Priority
1, which covers refugees for whom resettlement seems to be the appropriate durable solution,
applies to all nationalities and requires no connection to the United States. A U.S. connection,
however, is a factor under Priorities 2 and 3, which provide more direct access to the U.S. refugee
admissions program. Priority 2 covers specified groups of special humanitarian concern to the
United States, which may be defined by their nationalities, clans, ethnicities, or other
characteristics. A U.S. connection is a required element for some Priority 2 groups, such as Iraqis
associated with the United States. Priority 3, which is limited to designated nationalities, covers
family reunification cases and requires the prospective refugee to have an eligible relative in the
United States.
Resettlement Assistance and Federal Public Benefits
Iraqi and Afghan special immigrants are treated like refugees for purposes of federal public
benefits. Under the refugee provisions in the INA, some inadmissibility grounds are not
applicable to refugees.
4442 The inapplicable grounds include public charge, as is the case with Iraqi
and Afghan special immigrants. Relatedly, needy refugees are eligible for resettlement assistance
through programs administered by DOS and the Department of Health and Human Services
’
' Office of Refugee Resettlement (HHS/ORR). Under DOS
’'s Reception and Placement program,
public and private, nonprofit entities provide new arrivals with initial resettlement services and
referrals to other services, as needed. ORR
’'s refugee resettlement programs provide transitional
assistance to refugees and other designated groups. Refugees are also subject to special rules with
respect to federal public benefits, such as Medicaid and Supplemental Security Income (SSI) for
the Aged, Blind and Disabled.
45
43
While Iraqi and Afghan special immigrants are now eligible for the same federal public assistance
as refugees, this was not always the case. The original law establishing the special immigrant
program for Iraqi and Afghan translators included no language on eligibility for resettlement
support. Subsequent laws on the Iraqi and Afghan special immigrant programs made Iraqis and
Afghans eligible for refugee assistance and benefits on a time-limited basis.
4644 With the enactment
of the National Defense Authorization Act for Fiscal Year 2010, special immigrants from Iraq and
(...continued)
Security, Terrorist Exploitation of Refugee Program, hearing, 112th Cong., 2nd sess., December 4, 2012, (Washington:
GPO, 2013), pp. 21-22 (hereafter cited as Testimony of Barbara Strack at House hearing, December 4, 2012).
44
In order to gain admission to the United States, an individual must be admissible under the INA. The INA sets forth
various grounds of inadmissibility, which include health-related grounds, security-related grounds, and public charge
(i.e., indigence).
45
See CRS Report RL31269, Refugee Admissions and Resettlement Policy, by Andorra Bruno.
46
P.L. 110-161, Division G, §525, December 26, 2007 (Iraqi and Afghan eligibility for up to 6 months); P.L. 110-181,
§1244(g), January 28, 2008 (Iraqi eligibility for up to 8 months); P.L. 111-8, Division F, §602(b)(8), March 11, 2009
(Afghan eligibility for up to 8 months).
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Iraqi and Afghan Special Immigrant Visa Programs
of the National Defense Authorization Act for Fiscal Year 2010, special immigrants from Iraq and Afghanistan became eligible for the same resettlement assistance, entitlement programs, and
other benefits as refugees and for the same periods of time.
47
Amerasian Children
45
Amerasian Children
Amerasian children, like Iraqis and Afghans who have assisted the U.S. government, are the
subject of special permanent admissions provisions in the INA. The Amerasian provisions have a
humanitarian component, but like the special immigrant provisions, they are not a category of
humanitarian admissions. Instead, Amerasian children are admitted to the United States under the
permanent family-based immigration provisions of the INA (as opposed to the employment-based
provisions under which special immigrants are admitted).
4846 A law enacted in 1982 amended the
INA to provide for the admission to the United States as family-based immigrants of individuals
born in Korea, Vietnam, Laos, Kampuchea (Cambodia), or Thailand between 1950 and 1982 with
U.S. citizen fathers. Immigrant petitions could be filed by the individuals themselves or by
another person on behalf of an eligible alien. Beneficiaries could not be accompanied to the
United States by their mothers or other relatives. In the case of minors, the 1982 law required the
mother or guardian to sign a written release and provided for placement of the child with a U.S.
citizen or LPR sponsor.
A subsequent law enacted in 1987, as amended, eliminated some of restrictions on the
immigration of Amerasian children. The 1987 law, which provided for the admission to the
United States as immigrants of Vietnamese nationals born in Vietnam between 1962 and 1976 and
fathered by a U.S. citizen, permitted the beneficiary to be accompanied by a mother, a spouse,
and children. The 1987 law, as amended, also made the public charge ground of inadmissibility
inapplicable to these aliens and made them eligible for benefits under the refugee provisions of
the INA. With these changes, the treatment of this group became more similar to that of refugees
and today
’'s Iraqi and Afghan special immigrants.
Special Immigrant Visa Statistics
Through the end of
FY2014, about 30FY2015, more than 37,000 individuals had been issued special immigrant visas
abroad, or been adjusted to LPR status in the United States, under the special immigrant
classifications for Iraqi and Afghan nationals. Principal applicants accounted for about
1215,000 of
the total; the others were dependent spouses and children. Table 2 provides data on the special
immigrant classification for Iraqi and Afghan translators and interpreters. Table 3 provides data
on the special immigrant classification for Iraqis and Afghans who were employed by, or on
behalf of, the U.S. government in Iraq or Afghanistan, respectively. The tables are mutually
exclusive; an individual appears in only one table.
49 (The Appendix47 (The Appendix contains separate tables for
Iraqis and Afghans for each special immigrant classification.)50
47
P.L. 111-118, §207, December 19, 2009.
See CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview.
49
As indicated in the table notes, Table 3 does include individuals with approved petitions under the
translator/interpreter program whose cases were converted as provided for in P.L. 110-242; however, any such
individuals would not be included in Table 2.
50
Special immigrant visa statistics are available from the DOS Bureau of Consular Affairs, http://travel.state.gov/
content/visas/english/law-and-policy/statistics/immigrant-visas.html.
(continued...)
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Table 2. Special Immigrant Visas for Iraqi and Afghan Translators and Interpreters
Fiscal Year
Principals
Dependents
Total
2007
537
466
1,003
2008
559
557
1,116
2009
51
69
120
2010
43
84
127
2011
42
85
127
2012
64
91
155
2013
32
80
112
2014 (prelim.)
45
131
176
1,373
1,563
2,936
Totals
Source: U.S. Department of State, Bureau of Consular Affairs.
Notes: The data include individuals classified as special immigrants who adjusted to LPR status in the United
States; FY2014 data are preliminary.
Table 3. Special Immigrant Visas for Iraqis and Afghans Who Worked for the
U.S. Government
Fiscal Year
Principals
Dependents
Total
2008
371
334
705
2009
1,680
1,736
3,416
2010
947
1,103
2,050
2011
320
392
712
2012
1,724
2,320
4,044
2013
1,992
3,116
5,108
2014 (prelim.)
3,876
6,805
10,681
10,910
15,806
26,716
Totals
Source: U.S. Department of State, Bureau of Consular Affairs.
Notes: The data include individuals with approved petitions under the translator/interpreter program whose
Iraqis and Afghans for each special immigrant classification.)48
Table 2. Special Immigrant Visas for Iraqi and Afghan Translators and Interpreters
|
Fiscal Year
|
Principals
|
Dependents
|
Total
|
|
2007
|
537
|
466
|
1,003
|
|
2008
|
559
|
557
|
1,116
|
|
2009
|
51
|
69
|
120
|
|
2010
|
43
|
84
|
127
|
|
2011
|
42
|
85
|
127
|
|
2012
|
64
|
91
|
155
|
|
2013
|
32
|
80
|
112
|
|
2014
|
45
|
131
|
176
|
|
2015
|
44
|
146
|
190
|
|
Totals
|
1,417
|
1,709
|
3,126
|
Source: U.S. Department of State, Bureau of Consular Affairs.
Notes: The data include individuals classified as special immigrants who adjusted to LPR status in the United States.
Table 3. Special Immigrant Visas for Iraqis and Afghans Who Worked for the U.S. Government
|
Fiscal Year
|
Principals
|
Dependents
|
Total
|
|
2008
|
371
|
334
|
705
|
|
2009
|
1,680
|
1,736
|
3,416
|
|
2010
|
947
|
1,103
|
2,050
|
|
2011
|
320
|
392
|
712
|
|
2012
|
1,724
|
2,320
|
4,044
|
|
2013
|
1,992
|
3,116
|
5,108
|
|
2014
|
3,876
|
6,805
|
10,681
|
|
2015
|
2,636
|
5,299
|
7,935
|
|
Totals
|
13,546
|
21,105
|
34,651
|
Source: U.S. Department of State, Bureau of Consular Affairs.
Notes: The data include individuals with approved petitions under the translator/interpreter program whose cases were converted in accordance with P.L. 110-242; the data also include individuals classified as special
immigrants who adjusted to LPR status in the United States
; FY2014 data are preliminary.
Selected Challenges
.
Selected Challenges
There is a fundamental tension in the administration of the Iraqi and Afghan SIV programs
between a sense of urgency to issue visas in a timely fashion to eligible individuals and a need to
conduct appropriate security screening. This tension is quite sharp because on the one hand these
(...continued)
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Iraqi and Afghan Special Immigrant Visa Programs
programs are aimed at individuals who assisted the United States and face danger because of it,
and on the other hand there are serious concerns that this population may pose security threats.
Overlaying this dynamic is the structure of the SIV programs themselves, with statutory
time
framestimeframes and numerical limitations.
Application Processing
Application Processing
The Iraqi and Afghan SIV application process has been
roundly criticizedsubject to much criticism. According to a
February 2014 PBS NewsHour piece on the SIV program for Afghans who have worked for, or
on behalf of, the U.S. government:
Critics describe the process of applying for a visa as opaque, prohibitively complicated and
painfully slow, putting the applicant
’s [sic's [sic] lives at risk with each passing month that their
visas aren
’'t approved.
51
49
In a 2010 assessment of the SIV program for Iraqis who have worked for, or on behalf of, the
U.S. government, another observer characterized the application process as a series of procedural
barriers and argued that it was impossible to navigate the process without English-speaking legal
assistance.
5250 Anecdotal reports describe years-long waits for approval, layers of bureaucracy, and
unexpected denials.
53
51
DOS has acknowledged past problems processing Afghan SIV applications but cites changes to
improve the efficiency of the system. In the PBS NewsHour piece, Jarrett Blanc, Deputy Special
Representative for Afghanistan and Pakistan, identified the need for approval by the Chief of
Mission committee in the U.S. embassy in Kabul, Afghanistan, as a
“"key bottleneck at the start of
the process
”" that has been addressed. According to Blanc, by increasing the number of
committees handling cases, applications can now be reviewed within two weeks of filing.
54
52
Other changes to the Iraqi and Afghan SIV programs implemented by DOS to decrease
processing times were enumerated by Janice Jacobs, Assistant Secretary of State for Consular
Affairs, in written testimony for a July 2011 Senate hearing:
We no longer require documentation that we found to be redundant; we have decreased the
amount of paperwork that must be submitted by mail in favor of electronic submissions; and
we have reorganized internal procedures so that the process moves faster.55
51
P.J. Tobia, “Tongue Tied in Afghanistan,” PBS NewsHour, February 19, 2014, http://www.pbs.org/newshour/
updates/tongue-tied-afghanistan/ (hereafter cited as P.J. Tobia, “Tongue Tied in Afghanistan”).
52
Rigby, Brendan, “Mission Impossible: An Assessment of the Iraqi Special Immigrant Visa,” Northeastern University
Honors Junior/Senior Projects, May 1, 2010, http://iris.lib.neu.edu/cgi/viewcontent.cgi?article=1064&context=
honors_projects.
53
See, for example, Jason Buch, “Interpreters Who Helped GIs are Left Hanging,” San Antonio Express-News,
September 22, 2013, p. A1; Kevin Sieff, “U.S. Rejects More Visas for Afghan Interpreters,” Washington Post,
November 11, 2013, p. A1.
54
P.J. Tobia, “Tongue Tied in Afghanistan.”
55
Testimony of Assistant Secretary of State Janice L. Jacobs, U.S. Congress, Senate Committee on Homeland Security
and Governmental Affairs, Ten Years After 9/11 – 2011, Preventing Terrorist Travel, hearing, 112th Cong., 1st sess.,
July 13, 2011, (Washington: GPO, 2012), p. 522 (hereafter cited as Testimony of Janice L. Jacobs at Senate hearing,
July 13, 2011).
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we have reorganized internal procedures so that the process moves faster.53
Incomplete applications also present problems. In response to questions on the SIV program for
Iraqis who have worked for, or on behalf of, the U.S. government following an October 2011
Senate Judiciary Committee oversight hearing, DHS referred to obstacles faced by SIV applicants
in preparing their applications. The cited obstacles included difficulties obtaining a
recommendation from a supervisor and a copy of the work contract.
5654 In his comments on the
parallel Afghan SIV program for the PBS NewsHour piece, Blanc argued that the Afghan
applicants share responsibility for the processing delays by failing to submit all the necessary
paperwork.
57
55
The Department of Homeland Security reported at a December 2012 House Homeland Security
Committee hearing that it takes between
three3 and
ten10 days, on average, to process an Iraqi or
Afghan SIV petition.
5856 The department indicated in response to a question following the October
2011 Senate Judiciary Committee hearing that it did not need additional resources to expedite SIV
petition
processing59 (see “processing57 (see "Iraqi and Afghan Special Immigrant Visa Application Process
”).
The 113th").
The 113th Congress enacted legislation to amend the SIV programs for Afghans and Iraqis who
have worked for, or on behalf of, the U.S. government to address application processing-related
concerns.
P.L. 113-66The FY2014 National Defense Authorization Act58 established a review process for denial of Chief of Mission approval under
each program. More generally, this law directed the Secretary of State and the Secretary of
Homeland Security, in consultation with the Secretary of Defense, to make changes to the
processing of applications under each program such that
“"all steps ... incidental to the issuance of
such visas, including required screenings and background checks, should be completed not later
than 9 months after the date on which an eligible alien submits all required materials to complete
an application for such visa.
”" At the same time,
P.L. 113-66the act included an exception to the
ninemonthnine-month limit in
“"high-risk cases for which satisfaction of national security concerns requires
additional time.
” It"
The FY2014 National Defense Authorization Act also required the Secretary of State and the Secretary of Homeland Security,
in consultation with the Secretary of Defense, to report to Congress on the implementation of SIV
application processing changes.60
Security Concerns
As suggested by the “high-risk cases” language cited in the preceding section, protecting U.S.
national security remains a major concern about the Iraqi and Afghan SIV programs. Iraqi and
Afghan SIV applicants are subject to security checks conducted by DHS and DOS, a process that
involves coordination with other agencies. These security checks were briefly summarized by a
USCIS official at the December 2012 House Homeland Security Committee:
[When processing an SIV petition], USCIS conducts a biographic security check through
DHS’s TECS (formerly known as the Treasury Enforcement Communications System).... If
USCIS approves a SIV petition for an alien living outside the United States, USCIS forwards
56
U.S. Congress, Senate Committee on the Judiciary, Oversight of the U.S. Department of Homeland Security, hearing,
112th Cong., 1st sess., October 19, 2011 (Washington: GPO, 2012), p. 45. (hereafter cited as DHS oversight hearing,
October 19, 2011).
57
P.J. Tobia, “Tongue Tied in Afghanistan.”
58
Testimony of Barbara Strack at House hearing, December 4, 2012, p. 13.
59
DHS further responded: “We respectfully refer you to the Department of State to comment on whether they have
unmet resource needs.... ” DHS oversight hearing, October 19, 2011, p. 44.
60
P.L. 113-66, §§1218-1219.
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the case to the State Department’s National Visa Center.... Prior to issuing the SIV, the State
Department conducts additional biographic and biometric security checks—the same security
vetting regime employed by the [U.S. refugee admissions program].61
Details of the security review process are not publicly available. At the July 2011 Senate hearing,
Jacobs said, “While we cannot discuss specifics for security reasons, SIV applicants from Iraq as
well as Afghanistan undergo multiple layers of review.”62
In written responses to questions following an April 2013 Senate Foreign Relations Committee
hearing, Secretary of State John Kerry identified the interagency security screening process as
one of the “major obstacles” to the quick processing of Afghan SIV applications. Indicating that
security screening “takes the most time,” he offered that “the Department of State is working
constantly with our interagency counterparts to streamline this comprehensive and essential
process while eliminating bottlenecks.”63
Scrutiny of the security review process for Iraqi and Afghan SIV applicants increased in 2011
following the arrest on terrorism charges of two Iraqi nationals who had entered the United States
through the U.S. refugee program. The potential security risks posed by prospective refugees and
special immigrants from Iraq and elsewhere were discussed at the December 2012 House hearing
application processing changes and to publish public quarterly reports describing improvements in efficiency in SIV application processing.59 The separate January 2016 quarterly reports on the SIV programs for Iraqis and Afghans who have worked for, or on behalf of, the U.S. government each state that the "U.S. government has devoted substantial resources to reducing the amount of time required to complete the SIV process."60 The reports include total average U.S. government processing time for SIV applications. This statistic excludes any steps in the application process that are the responsibility of the applicant, such as filing a petition with USCIS (see "Iraqi and Afghan Special Immigrant Visa Application Process"). According to the January 2016 reports, average total U.S. government processing time is 311 business days for the Iraqi program and 293 business days for the Afghan program.61
Security Concerns
As suggested by the "high-risk cases" language cited in the preceding section, protecting U.S. national security remains a major concern about the Iraqi and Afghan SIV programs. Iraqi and Afghan SIV applicants are subject to security checks conducted by DHS and DOS, a process that involves coordination with other agencies.
Details of the security review process are not publicly available. In her written testimony for the July 2011 Senate hearing, Jacobs said, "While we cannot discuss specifics for security reasons, SIV applicants from Iraq as well as Afghanistan undergo multiple layers of review."62
In written responses to questions following an April 2013 Senate Foreign Relations Committee hearing, Secretary of State John Kerry identified the interagency security screening process as one of the "major obstacles" to the quick processing of Afghan SIV applications. Indicating that security screening "takes the most time," he offered that "the Department of State is working constantly with our interagency counterparts to streamline this comprehensive and essential process while eliminating bottlenecks."63
Scrutiny of the security review process for Iraqi and Afghan SIV applicants increased in 2011 following the arrest on terrorism charges of two Iraqi nationals who had entered the United States through the U.S. refugee program. The potential security risks posed by prospective refugees and special immigrants from Iraq and elsewhere were discussed at the December 2012 House hearing cited above, which was entitled Terrorist Exploitation of Refugee Programs. At the hearing,
thenDHSthen-DHS Deputy Under Secretary for Analysis Dawn Scalici described U.S. government efforts to
identify potential threats:
When we look at on [
sicsic] the potential in the future for terrorist groups to exploit the refugee
program, we do have concerns. Hence, we have the enhanced security and vetting
procedures.... I will tell you that we have intelligence-driven processes regardless of the
immigration program that a terrorist actor may seek to use or just travel to the United States.
We are reviewing intelligence on a regular basis, sharing that with interagency partners and
developing the procedures by which we can help to identify and further [screen] individuals
of concern.
64
Visa Availability
64
Visa Availability
As discussed, the SIV program for Iraqi and Afghan translators and interpreters is ongoing, while
the programs for Iraqis and Afghans who have worked for, or on behalf of, the U.S. government
are temporary. As of this writing, the temporary Afghan program
is scheduled to end when all the
available visas are issued or on March 31, 2017 (whichever is earlier), and the temporary Iraqi
program is scheduled to end when all the available visas are issued.
61
Testimony of Barbara Strack at House hearing, December 4, 2012, p. 13. For additional information about security
checks, see CRS Report R43589, Immigration: Visa Security Policies, by Ruth Ellen Wasem.
62
Ibid., p. 522.
63
U.S. Congress, Senate Committee on Foreign Relations, National Security and Foreign Policy Priorities in the
Fiscal Year 2014 International Affairs Budget, hearing, 113th Cong., 1st sess., April 18, 2013 (Washington: GPO,
2014), p. 107.
64
Testimony of DHS Deputy Under Secretary for Analysis Dawn Scalici, U.S. Congress, House Committee on
Homeland Security, Terrorist Exploitation of Refugee Program, hearing, 112th Cong., 2nd sess., December 4, 2012,
(Washington: GPO, 2013), p. 18.
Congressional Research Service
14
Iraqi and Afghan Special Immigrant Visa Programs
Eachand the temporary Iraqi program are scheduled to end when all the available visas are issued.
As detailed above, each of the three SIV programs, as originally established, was subject to statutory numerical
limitations.
65 65 The numerical limitations language in the statutes creating the programs for Iraqis
and Afghans who have worked for, or on behalf of, the U.S. government also provided for the
carryover of unused visas from a given fiscal year to the next during a specified period (see
“ "Special Immigrant Visas for Iraqis and Afghans
”).
").
In the case of the program for Iraqis who have worked for, or on behalf of, the U.S. government,
as amended, any of the 5,000 visas made available annually for principal aliens for FY2008
through FY2012 that were not used in a given fiscal year were carried forward to the next fiscal
year, year, with unused visas for FY2012 carried forward to FY2013. Visas that were carried forward
but not used in that next fiscal year were lost. At the end of FY2013, the Iraqi program ended and
any remaining visas were lost. The program was subsequently revived and new visas were
authorized. Currently,
the National Defense Authorization Act for FY2014P.L. 113-66 provides for the
issuance of 2,500 visas to principal aliens under the Iraqi program after January 1, 2014. This law
required that applications be filed by September 30, 2014, but included no deadline for issuance
of the visas.
Under the program for Afghans who have worked for, or on behalf of, the U.S. government, as
originally authorized, any of the 1,500 visas made available annually for principal aliens for
FY2009 through FY2013 that were not used in a given fiscal year were carried forward to the
next fiscal year. As under the Iraqi program, carried-over visas that are not used in the second
fiscal year are lost. The Consolidated Appropriations Act, 2014, next fiscal year. P.L. 113-76 provided for the issuance of
3,000 visas to principal aliens for FY2014 and for the carrying forward of any unused balance for
issuance in FY2015.
The application deadline was September 30, 2014. As under the Iraqi program, carried-over visas that were not used in the second fiscal year were lost. P.L. 113-160 provided for
the issuance of 1,000 additional visas to principal aliens by December 31, 2014.
The application
deadline was December 31, 2014. Currently, under the National Defense Authorization Act for
Fiscal Year 2015,P.L. 113-291 made 4,000 additional visas
are available for principal aliens
through the end of
FY2016from the December 19, 2014, enactment through September 30, 2016. The application deadline
iswas December 31, 2015, and the authority to issue the visas
expires was scheduled to expire on March 31, 2017.
P.L. 114-92 increases from 4,000 to 7,000 the number of additional special immigrant visas available for issuance after December 19, 2014, and provides that these visas will remain available until used. It also extends the application deadline until December 31, 2016.
The SIV program for translators and interpreters is capped at 50 visas for principal aliens per
year. It has been capped at this level each year except for FY2007 and FY2008, when the cap
stood at 500. This program did not originally include carryover provisions, but such language was
later added by amendment. As under the other SIV programs, visas that are carried forward but
not used in the next fiscal year are lost.
Consideration of these numerical limitation and carryover provisions, in conjunction with the visa
issuance data for the SIV programs for Iraqis and Afghans who have worked for, or on behalf of,
the U.S. government (in Table A-3 and Table A-4 in the
AppendixAppendix), indicates that thousands of
visas provided for these two programs are no longer available. As shown in the tables, through
FY2013, visa issuances under both programs consistently fell well below the statutory limits.
Preliminary data from DOS, however, indicate that visa issuances under the Afghan program
increased dramatically in FY2014, with more than 11,000 visas issued to principal aliens and
dependents.
65
Subsequent amendments, however, made changes to the numerical limitations provisions (see “Special Immigrant
Visas for Iraqis and Afghans”).
Congressional Research Service
15
Iraqi and Afghan Special Immigrant Visa Programs
Conclusion
Under current statutory provisions for the SIV programs for Iraqis and Afghans who have worked for, or on behalf of, the U.S. government, as described above, there are no deadlines for the issuance of the visas. As of this writing, visas remain available under both programs.
Conclusion
There seems to be broad agreement that the United States should admit for permanent residence
Iraqis and Afghans who assisted the U.S. government overseas, provided that they do not pose
security risks. Yet implementing the SIV programs intended to accomplish this policy goal has
proven difficult. Given the seeming consensus that the U.S. government should assist its Iraqi and
Afghan employees in need, an ongoing question for Congress is whether the existing SIV
provisions are sufficient to accomplish this, or whether further extensions of the temporary SIV
programs for Iraqis and Afghans who worked for, or on behalf of, the U.S. government, or other
changes to the SIV provisions are warranted.
Congressional Research Service
16
Iraqi and Afghan Special Immigrant Visa Programs
Appendix. Additional Special Immigrant Data
Iraqi and Afghan Translators and Interpreters
Table 2 in the main body of the report provides data on visa issuances to Iraqis and Afghans
(combined) under the special immigrant program for translators and interpreters. The tables here
present visa issuance data under this program for Iraqis and Afghans separately. Table A-1
provides data on Iraqi nationals who were issued special immigrant visas, or who adjusted to LPR
status in the United States, under the special immigrant program for translators and interpreters.
Table A-2 provides comparable data for Afghan nationals. Both Table A-1 and Table A-2
exclude certain dependents that are included in Table 2. These are dependents (24 in total) who
received a special immigrant visa or adjusted status under the translator/interpreter program and
are Iraqi or Afghan nationals but were born in a third country. These 24 dependents account for
the discrepancy between these tables and Table 2. The significant decreases in Table A-1 and
Table A-2 after FY2008 reflect changes in the numerical limitations on this classification (see
“ "Aliens Who Worked as Translators or Interpreters
”).
").
Table A-1. Special Immigrant Visas for Iraqi Translators and Interpreters
Fiscal Year
Principals
Dependents
Total
2007
437
387
824
2008
353
327
680
2009
30
38
68
2010
13
40
53
2011
8
32
40
2012
7
29
36
2013
5
11
16
2014 (prelim.)
2
4
6
855
868
1,723
Totals
Source: U.S. Department of State, Bureau of Consular Affairs.
Notes: The data include individuals classified as special immigrants who adjusted to LPR status in the United
States; the data do not include dependents born in a country other than Iraq; FY2014 data are preliminary.
Congressional Research Service
17
Iraqi and Afghan Special Immigrant Visa Programs
Table A-2. Special Immigrant Visas for Afghan Translators and Interpreters
Fiscal Year
Principals
Dependents
Total
2007
100
69
169
2008
206
220
426
2009
21
30
51
2010
30
43
73
2011
34
53
87
2012
57
61
118
2013
27
68
95
2014 (prelim.)
43
127
170
518
671
1,189
Totals
Source: U.S. Department of State, Bureau of Consular Affairs.
Notes: The data include individuals classified as special immigrants who adjusted to LPR status in the United
States; the data do not include dependents born in a country other than Afghanistan; FY2014 data are
preliminary.
Iraqis and Afghans Who Worked for the U.S. Government
Table 3 in the main body of the report provides data on visa issuances to Iraqis and Afghans
(combined) under the special immigrant programs for Iraqis and Afghans who worked for the
U.S. government. The tables here present visa issuance data under these programs for Iraqis and
|
Fiscal Year
|
Principals
|
Dependents
|
Total
|
|
2007
|
437
|
387
|
824
|
|
2008
|
353
|
327
|
680
|
|
2009
|
30
|
38
|
68
|
|
2010
|
13
|
40
|
53
|
|
2011
|
8
|
32
|
40
|
|
2012
|
7
|
29
|
36
|
|
2013
|
5
|
11
|
16
|
|
2014
|
2
|
4
|
6
|
|
2015
|
1
|
0
|
1
|
|
Totals
|
856
|
868
|
1,724
|
Source: U.S. Department of State, Bureau of Consular Affairs.
Notes: The data include individuals classified as special immigrants who adjusted to LPR status in the United States; the data do not include dependents born in a country other than Iraq.
Table A-2. Special Immigrant Visas for Afghan Translators and Interpreters
|
Fiscal Year
|
Principals
|
Dependents
|
Total
|
|
2007
|
100
|
69
|
169
|
|
2008
|
206
|
220
|
426
|
|
2009
|
21
|
30
|
51
|
|
2010
|
30
|
43
|
73
|
|
2011
|
34
|
53
|
87
|
|
2012
|
57
|
61
|
118
|
|
2013
|
27
|
68
|
95
|
|
2014
|
43
|
127
|
170
|
|
2015
|
43
|
146
|
189
|
|
Totals
|
561
|
817
|
1,378
|
Source: U.S. Department of State, Bureau of Consular Affairs.
Notes: The data include individuals classified as special immigrants who adjusted to LPR status in the United States; the data do not include dependents born in a country other than Afghanistan.
Iraqis and Afghans Who Worked for the U.S. Government
Table 3 in the main body of the report provides data on visa issuances to Iraqis and Afghans (combined) under the special immigrant programs for Iraqis and Afghans who worked for the U.S. government. The tables here present visa issuance data under these programs for Iraqis and Afghans separately. Table A-3 provides data on Iraqi nationals who were issued special
immigrant visas, or who adjusted to LPR status in the United States, under the special immigrant
program for Iraqis who were employed in Iraq by, or on behalf of, the U.S. government. Table
A4A-4 provides comparable data for Afghan nationals under the special immigrant program for
Afghans who were employed in Afghanistan by, or on behalf of, the U.S. government or by the
International Security Assistance Force. Both Table A-3 and Table A-4 exclude certain
dependents that are included in Table 3. These are dependents (
233276 in total) who received a
special immigrant visa or adjusted status under these programs and are Iraqi or Afghan nationals
but were born in a third country. These
233276 dependents account for the discrepancy between these
tables and Table 3
.
.
Table A-3 and Table A-4 reveal year-to-year variability in visa issuances, along with notably
higher issuance levels in the years since FY2012 for one or both programs compared to most
earlier years. In a 2013 opinion piece in USA Today, in which he seemed to be discussing all the
Iraqi and Afghan SIV programs, Under Secretary of State for Management Patrick Kennedy
attributed the recent uptick in visa issuances to
“"an increase in resources to improve efficiency,
”
" generally referencing
“important improvements to the SIV application process”66 (see
“Application Processing”).
66
Patrick F. Kennedy, “State Department: Visa Process Improving,” USA Today, http://www.usatoday.com/story/
opinion/2013/11/13/special-immigrant-visa-iraq-afghanistan-state-department-editorials-debates/3520529/.
Congressional Research Service
18
Iraqi and Afghan Special Immigrant Visa Programs
Table A-3. Special Immigrant Visas for Iraqis Who Worked for the U.S. Government
Fiscal Year
Principals
Dependents
Total
2008
172
125
297
2009
1,418
1,347
2,765
2010
940
1,051
1,991
2011
317
352
669
2012
1,661
2,209
3,870
2013
1,340
2,215
3,555
435
1,075
1,510
6,283
8,374
14,657
2014 (prelim.)
Totals
Source: U.S. Department of State, Bureau of Consular Affairs.
Notes: The data include individuals with approved petitions under the translators/interpreters program whose
"important improvements to the SIV application process"66 (see "Application Processing").
Table A-3. Special Immigrant Visas for Iraqis Who Worked for the U.S. Government
|
Fiscal Year
|
Principals
|
Dependents
|
Total
|
|
2008
|
172
|
125
|
297
|
|
2009
|
1,418
|
1,347
|
2,765
|
|
2010
|
940
|
1,051
|
1,991
|
|
2011
|
317
|
352
|
669
|
|
2012
|
1,661
|
2,209
|
3,870
|
|
2013
|
1,340
|
2,215
|
3,555
|
|
2014
|
435
|
1,075
|
1,510
|
|
2015
|
335
|
845
|
1,180
|
|
Totals
|
6,618
|
9,219
|
15,837
|
Source: U.S. Department of State, Bureau of Consular Affairs.
Notes: The data include individuals with approved petitions under the translators/interpreters program whose cases were converted in accordance with P.L. 110-242, June 3, 2008; the data also include individuals classified as
special immigrants who adjusted to LPR status in the United States; the data do
notnot include dependents born in a
country other than Iraq
; FY2014 data are preliminary.
.
Table A-4. Special Immigrant Visas for Afghans Who Worked for
the U.S. Government
Fiscal Year
Principals
Dependents
Total
2008
199
195
394
2009
262
366
628
2010
7
36
43
2011
3
28
31
2012
63
62
125
2013
652
846
1,498
2014 (prelim.)
3,441
5,666
9,107
Totals
4,627
7,199
11,826
Source: U.S. Department of State, Bureau of Consular Affairs.
Notes: The data include individuals classified as special immigrants who adjusted to LPR status in the United
States; the data do not include dependents born in a country other than Afghanistan; FY2014 data are
preliminary.
Author Contact Information
Andorra Bruno
Specialist in Immigration Policy
abruno@crs.loc.gov, 7-7865
Congressional Research Service
19
the U.S. Government
|
Fiscal Year
|
Principals
|
Dependents
|
Total
|
|
2008
|
199
|
195
|
394
|
|
2009
|
262
|
366
|
628
|
|
2010
|
7
|
36
|
43
|
|
2011
|
3
|
28
|
31
|
|
2012
|
63
|
62
|
125
|
|
2013
|
652
|
846
|
1,498
|
|
2014
|
3,441
|
5,666
|
9,107
|
|
2015
|
2,301
|
4,411
|
6,712
|
|
Totals
|
6,928
|
11,610
|
18,538
|
Source: U.S. Department of State, Bureau of Consular Affairs.
Notes: The data include individuals classified as special immigrants who adjusted to LPR status in the United States; the data do not include dependents born in a country other than Afghanistan.
Author Contact Information
[author name scrubbed], Specialist in Immigration Policy
([email address scrubbed], [phone number scrubbed])
Footnotes
| 1.
|
"'Terps' Stick Their Necks Out; Iraqi Interpreters Put Lives on the Line to Assist War Effort," Grand Rapids Press, January 29, 2006, p. A14.
|
| 2.
|
See, for example, Janie Har, "Afghan Gives Thanks for U.S.," The Oregonian, November 23, 2007, p. A1; Brian Albrecht, "Afghan, Iraqi War Aides Start Again Here," Plain Dealer (Cleveland, OH), April 6, 2014, p. A1.
|
| 3.
|
Lawful permanent residents, also known as immigrants and green card holders, are noncitizens who are legally authorized to reside permanently in the United States.
|
| 4.
|
P.L. 109-163, January 6, 2006.
|
| 5.
|
Act of June 27, 1952, ch. 477, as amended, codified at 8 U.S.C. §1101 et seq.
|
| 6.
|
U.S. Congress, House Committee on the Judiciary, To Provide Special Immigrant Status for Aliens Serving as Translators with the United States Armed Forces, report to accompany H.R. 2293, 109th Cong., 1st sess., H.Rept. 109-99, May 26, 2005.
|
| 7.
|
INA §101(a)(27)(A). Returning LPRs are the largest special immigrant group.
|
| 8.
|
Returning LPRs are an exception; this special immigrant classification is not subject to a numerical limitation.
|
| 9.
|
P.L. 89-236, October 3, 1965.
|
| 10.
|
P.L. 101-169, November 29, 1990.
|
| 11.
|
INA §203(b). See CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview.
|
| 12.
|
The 1990 act also imposed a cap of 5,000 on religious workers other than ministers within the overall annual numerical limitation of 10,000.
|
| 13.
|
Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (P.L. 102-232, December 12, 1991).
|
| 14.
|
The base worldwide limit on employment-based immigration is 140,000; using this base, the special immigrant limit of 7.1% equals 9,940. See CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview.
|
| 15.
|
INA §101(a)(27)(C), (H), (M).
|
| 16.
|
INA §101(a)(27)(D), (F), (K). With respect to the Panamanian nationals, in the early 1900s the United States gained rights to build and operate the Panama Canal and gained permanent rights to a Panama Canal Zone. Under the terms of the Panama Canal Treaty of 1977, the Panama Canal Zone ceased to exist in 1979 and the Canal was turned over to the Panamanians in 1999. U.S. Department of State, Office of the Historian, Milestones: 1977-1980, "The Panama Canal and the Torrijos-Carter Treaties," http://history.state.gov/milestones/1977-1980/panama-canal.
|
| 17.
|
INA §101(a)(27)(G). April 1, 1979, was the effective date of the exchange of instruments of ratification of the Panama Canal Treaty of 1977.
|
| 18.
|
The special immigrant classifications for Iraqis and Afghans are not enumerated in INA §101(a)(27). The public laws that established them did not amend the INA.
|
| 19.
|
Excluding spouses and children.
|
| 20.
|
P.L. 110-28, Title III, §3812, May 25, 2007; P.L. 110-36, June 15, 2007. These two public laws include many of the same provisions on special immigrant visas for Iraqi and Afghan translators and interpreters.
|
| 21.
|
The Chief of Mission is the principal officer in charge of a U.S. diplomatic mission abroad. An individual who worked for the U.S. Embassy in Baghdad, Iraq, or the U.S. Embassy in Kabul, Afghanistan, directly (not as a contractor) is deemed to have worked under Chief of Mission authority.
|
| 22.
|
In addition, the legislation authorized the Secretary of Homeland Security to adjust the status of an alien to LPR status if the alien (1) had been paroled into the country or admitted as a temporary legal resident and (2) was otherwise eligible for the special immigrant classification, even if the alien was not in a lawful immigration status, had engaged in unauthorized employment, or had otherwise violated the terms of his or her nonimmigrant visa. With some exceptions, such behavior would typically make an alien ineligible to adjust to LPR status. Parole is discretionary authority that may be exercised by DHS to allow an alien to enter the United States temporarily (without being formally admitted) for urgent humanitarian reasons or when the entry is determined to be for significant public benefit.
|
| 23.
|
P.L. 110-161, December 26, 2007.
|
| 24.
|
P.L. 110-181, January 28, 2008 (Iraqis); P.L. 111-8, March 11, 2009 (Afghans).
|
| 25.
|
P.L. 113-291, Division A, §1227, December 19, 2014.
|
| 26.
|
P.L. 110-242, June 3, 2008.
|
| 27.
|
According to USCIS, "the authority to grant derivative [special immigrant visa] status to spouses and children of principal Iraqi SIVs did not sunset on Sept. 30, 2013." USCIS, "Special Immigrant Visa Program for Iraqi Nationals Who Worked For or On Behalf Of the U.S. Government Extended," news alert, http://www.uscis.gov/news/alerts/special-immigrant-visa-program-iraqi-nationals-who-worked-or-behalf-us-government-extended.
|
| 28.
|
§1, October 4, 2013.
|
| 29.
|
P.L. 113-66, §1218, December 26, 2013.
|
| 30.
|
P.L. 113-76, Division K, §7034(o), January 17, 2014.
|
| 31.
|
P.L. 113-160, §1, August 8, 2014.
|
| 32.
|
P.L. 114-92, §1216, November 25, 2015.
|
| 33.
|
P.L. 110-242, June 3, 2008.
|
| 34.
|
For additional information on the application process, see U.S. Department of State, Bureau of Consular Affairs, Special Immigrant Visas (SIVs) for Iraqi and Afghan Translators/Interpreters; U.S. Department of State, Bureau of Consular Affairs, Special Immigrant Visas for Iraqis - Who Were Employed by/on Behalf of the U.S. Government; and U.S. Department of State, Bureau of Consular Affairs, Special Immigrant Visas for Afghans - Who Were Employed by/on Behalf of the U.S. Government, all available through http://travel.state.gov/content/visas/english/immigrate.html.
|
| 35.
|
Adjustment of status is the process of obtaining LPR status from within the United States.
|
| 36.
|
A police certificate is required for residents of Iraq. Applicants from Iraq or Afghanistan who have lived in another country for more than 12 months after age 16 must submit a police certificate from that locality. A police certificate is not otherwise required for residents of Afghanistan.
|
| 37.
|
For a general discussion of the permanent immigration system, including employment-based immigration, see CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview.
|
| 38.
|
The refugee admissions process is set forth in INA §207.
|
| 39.
|
INA §101(a)(42).
|
| 40.
|
See CRS Report RL31269, Refugee Admissions and Resettlement Policy.
|
| 41.
|
P.L. 110-181, §1244(b)(1)(D), 8 U.S.C. 1157 note (Iraqis); P.L. 111-8, §602(2)(A)(iv), 8 U.S.C. 1101 note (Afghans). No such requirement exists for applicants under the special immigrant program for translators and interpreters. For further discussion of the relationship between the refugee and Iraqi and Afghan SIV programs, see Testimony of USCIS Refugee Affairs Division Chief Barbara Strack, U.S. Congress, House Committee on Homeland Security, Terrorist Exploitation of Refugee Program, hearing, 112th Cong., 2nd sess., December 4, 2012, (Washington: GPO, 2013), pp. 21-22 (hereinafter cited as Testimony of Barbara Strack at House hearing, December 4, 2012).
|
| 42.
|
In order to gain admission to the United States, an individual must be admissible under the INA. INA §212(a) sets forth various grounds of inadmissibility, which include health-related grounds, security-related grounds, and public charge (i.e., indigence).
|
| 43.
|
See CRS Report RL31269, Refugee Admissions and Resettlement Policy.
|
| 44.
|
P.L. 110-161, Division G, §525, December 26, 2007 (Iraqi and Afghan eligibility for up to six months); P.L. 110-181, §1244(g), January 28, 2008 (Iraqi eligibility for up to 8 months); P.L. 111-8, Division F, §602(b)(8), March 11, 2009 (Afghan eligibility for up to 8 months).
|
| 45.
|
P.L. 111-118, §207, December 19, 2009.
|
| 46.
|
See CRS Report R42866, Permanent Legal Immigration to the United States: Policy Overview.
|
47.
|
As indicated in the table notes, Table 3 includes individuals with approved petitions under the translator/interpreter program whose cases were converted as provided for in P.L. 110-242; however, any such individuals would not be included in Table 2.
48.
|
Special immigrant visa statistics are available from the DOS Bureau of Consular Affairs, http://travel.state.gov/content/visas/english/law-and-policy/statistics/immigrant-visas.html.
49.
|
P.J. Tobia, "Tongue Tied in Afghanistan," PBS NewsHour, February 19, 2014, http://www.pbs.org/newshour/updates/tongue-tied-afghanistan/ (hereinafter cited as P.J. Tobia, "Tongue Tied in Afghanistan").
| 50.
|
Rigby, Brendan, "Mission Impossible: An Assessment of the Iraqi Special Immigrant Visa," Northeastern University Honors Junior/Senior Projects, May 1, 2010, http://iris.lib.neu.edu/cgi/viewcontent.cgi?article=1064&context=honors_projects.
|
| 51.
|
See, for example, Jason Buch, "Interpreters Who Helped GIs are Left Hanging," San Antonio Express-News, September 22, 2013, p. A1; Kevin Sieff, "U.S. Rejects More Visas for Afghan Interpreters," Washington Post, November 11, 2013, p. A1.
|
| 52.
|
P.J. Tobia, "Tongue Tied in Afghanistan."
|
| 53.
|
Testimony of Assistant Secretary of State Janice L. Jacobs, U.S. Congress, Senate Committee on Homeland Security and Governmental Affairs, Ten Years After 9/11 – 2011, Preventing Terrorist Travel, hearing, 112th Cong., 1st sess., July 13, 2011, (Washington: GPO, 2012), p. 522 (hereinafter cited as Testimony of Janice L. Jacobs at Senate hearing, July 13, 2011).
|
| 54.
|
U.S. Congress, Senate Committee on the Judiciary, Oversight of the U.S. Department of Homeland Security, hearing, 112th Cong., 1st sess., October 19, 2011 (Washington: GPO, 2012), p. 45. (hereinafter cited as DHS oversight hearing, October 19, 2011).
|
| 55.
|
P.J. Tobia, "Tongue Tied in Afghanistan."
|
| 56.
|
Testimony of Barbara Strack at House hearing, December 4, 2012, p. 13.
|
| 57.
|
DHS further responded: "We respectfully refer you to the Department of State to comment on whether they have unmet resource needs. " DHS oversight hearing, October 19, 2011, p. 44.
|
| 58.
|
P.L. 113-66, §§1218-1219.
|
| 59.
|
Links to the quarterly reports are available at https://travel.state.gov/content/visas/en/immigrate/iraqis-work-for-us.html (Iraqi program); https://travel.state.gov/content/visas/en/immigrate/afghans-work-for-us.html (Afghan program).
|
| 60.
|
Joint Department of State/Department of Homeland Security Report: Status of the Iraqi Special Immigrant Visa (SIV) Program, January 2016, p. 1, https://travel.state.gov/content/dam/visas/SIVs/Iraqi%20SIV%20public%20report_Jan%202016.pdf (hereinafter cited as Quarterly Report on the Iraqi SIV Program, January 2016); Joint Department of State/Department of Homeland Security Report: Status of the Afghan Special Immigrant Visa Program, January 2016, p. 1, https://travel.state.gov/content/visas/en/immigrate/afghans-work-for-us.html (hereinafter cited as Quarterly Report on the Afghan SIV Program, January 2016).
|
| 61.
|
Quarterly Report on the Iraqi SIV Program, January 2016, pp. 2-3; Quarterly Report on the Afghan SIV Program, January 2016, pp. 2-3.
|
| 62.
|
Testimony of Janice L. Jacobs at Senate hearing, July 13, 2011, p. 522.
|
| 63.
|
U.S. Congress, Senate Committee on Foreign Relations, National Security and Foreign Policy Priorities in the Fiscal Year 2014 International Affairs Budget, hearing, 113th Cong., 1st sess., April 18, 2013 (Washington: GPO, 2014), p. 107.
|
| 64.
|
Testimony of DHS Deputy Under Secretary for Analysis Dawn Scalici, U.S. Congress, House Committee on Homeland Security, Terrorist Exploitation of Refugee Program, hearing, 112th Cong., 2nd sess., December 4, 2012, (Washington: GPO, 2013), p. 18.
|
| 65.
|
Subsequent amendments, however, made changes to the numerical limitations provisions (see "Special Immigrant Visas for Iraqis and Afghans").
|
66.
|
Patrick F. Kennedy, "State Department: Visa Process Improving," USA Today, http://www.usatoday.com/story/opinion/2013/11/13/special-immigrant-visa-iraq-afghanistan-state-department-editorials-debates/3520529/.