Iraqi SIV Program Extended, But End in Sight

January 16, 2014

In the wake of much anxiety late last year over the future of the Iraqi SIV program, Congress has officially extended it, giving hope to those whose cases have been pending for months or years awaiting final visa approval. The end of the program, however, is now in sight.

When Congress extended the program at the end of 2013, it set key parameters, signaling the impending end. In particular, it limited the number of visas that will be issued to 2,500. Once that number is reached, no more will be issued. Congress did not set a deadline for issuing the visas.

In addition, it limited the qualifying work period to September 30, 2013, meaning to qualify for the SIV, the applicant must have worked for or on behalf of the US government for more than one year between March 20, 2003 and September 30, 2013.

The deadline for applying for a Chief of Mission approval for the SIV (the first approval phase), is September 30, 2014.

The U.S. refugee program through IOM remains available to Iraqis.

Below is the announcement issued by the U.S. Embassy in Baghdad regarding the extension. For more information about the extension and the eligibility criteria for the program, click here: http://iraq.usembassy.gov/siv-special.html

The Iraqi Special Immigrant Visa (SIV) program benefiting individuals who have been employed by, or on behalf of, the U.S. government has been extended through passage of the National Defense Authorization Act (NDAA) for FY 2014.

The NDAA authorizes the issuance of 2,500 immigrant visas after January 1, 2014 to qualified principal applicants.

The NDAA does not include a date by which these visas must be issued, so consular officers have the authority to issue visas under this program until all 2,500 numbers have been used worldwide.  The Iraqi SIV program will end after all visas have been issued.

Under this legislation, the one-year period during which principal applicants must have been employed by, or on behalf of, the U.S. government in Iraq begins on or after March 20, 2003, and ends on or before September 30, 2013.The legislation includes a requirement that the principal applicant must apply for Chief of Mission approval no later than September 30, 2014.

Those applicants with cases pending do not need to re-file.  If your petition has been approved by U.S. Citizenship and Immigration Services (USCIS), we encourage you to provide all requested documents to the National Visa Center (NVC) immediately so that your visa interview can be scheduled promptly.

Derivative family members (i.e., spouses, children) of principal applicants who were issued SIVs prior to December 31, 2013 can still be issued after December 31, 2013.

Applicants are advised to check their email accounts and consult our website (http://iraq.usembassy.gov/) regularly for the most recent information regarding the SIV program.

The separate U.S. Refugee Admissions Program (USRAP) for U.S.-affiliated Iraqis remains an option, as the eligibility criteria are very similar to those of the SIV program.  For more information on USRAP, please visit http://iraq.usembassy.gov/refugeesidpaffairs.html.

If you want to know whether you qualify for the SIV program or have other options to immigrate to the United States, please contact our office at atty@vkvlaw.com or call 202-340-1215.

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