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.

Advertisements

Iraqi SIV Applicants Face Longer Path To Green Card Due to More Security and Background Checks

July 22, 2011

Iraqi SIV applicants can expect even longer delays in processing due to a more extensive background check process out of concerns for U.S. national security.

The end of the long road to a green card used to be the visa interview at the U.S. Embassy, the background checks having been done before this stage.

Now, under a new policy, background checks are done again at the time of the interview to ensure no new negative information about the applicant has surfaced.

These delays are also occurring with Iraqi SIV applicants who are already in the United States and applying to adjust their status there. [The SIV (Special Immigrant Visa) is available to eligible Iraqis who have worked for or on behalf of the U.S. government in Iraq for more than a year since March 20, 2003 and have experienced an ongoing serious threat because of that work.]

Our clients began experiencing these delays late last year. These delays can last weeks or months, or worse, years. There is no way of knowing when the person will be cleared and there is almost no way to rush the process.

For the Iraqis already in the United States, the delays are an inconvenience since most are in another valid status. For the Iraqis oversees, and in particular those still in Iraq, however, the delay puts their lives more at risk, thereby undermining the purpose of the SIV. Knowing a long wait exists may also be a deterrant for those seeking legal immigration, provoking  into attempting illegal migration to the United States or elsewhere.

We wish something could be done to speed up this clearance process, but there is little to do but wait at this point. Eventually, after an excessive wait –  normally excessive in the immigration context is years, not months – litigation may be an option.

The trigger for the revised and enhanced background check process was the arrest in the United States of an Iraqi who was admitted as an asylee despite being accused of planting roadside bombs in Iraq, according to an article in the Los Angeles Times.

As a result, more than 58,000 Iraqi asylees and refugees already in the United States will be re-screened, according to the Los Angeles Times article. In addition, those applying for asylee, refugee or SIV status will be subjected to a multi-step background check that due to the work overload on the agencies involved in this process inevitably will delay their application process

The following is an excerpt from an USCIS report on Iraqi refugee statistics that explains the revised background check posture.

Ensuring Security

We are committed to conducting the most rigorous screening in order to ensure that those being admitted through the refugee program are not seeking to harm the United States. In May 2007, DHS announced and implemented an Administration-coordinated, enhanced background and security check process for Iraqi refugees applying for resettlement in the United States. The security check regime, including both biographic and biometric checks, has been enhanced periodically over the last several years as new opportunities and interagency partnerships with the law enforcement and intelligence communities have been identified.

These enhancements are a reflection of the commitment of DHS and other agencies to conduct the most thorough checks possible to prevent dangerous individuals from gaining access to the United States through the refugee program. The latest enhancement to the refugee security check regime involves a new “pre-departure” check shortly before refugees are scheduled to travel to the U.S. It is intended to identify whether any new derogatory information exists since the initial checks were conducted. These pre-departure checks went into effect in late 2010. No case is finally approved until results from all security checks have been received and analyzed.