Special Immigrant Visas for Iraqi and Afghan Translators/Interpreters - FAQs For Applicants Living Overseas
Important Notices:
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On June 3, 2008, the President signed Public Law 110-242, which authorizes the processing and adjudication of additional applications for SIVs for Iraqi and Afghan translators and interpreters during FY 2008. This legislative change allows us to now continue the processing and scheduling of those SIV cases currently at the National Visa Center which had exceeded the 500 limit for FY 2008. Applicants will be notified as soon as the National Visa Center is ready to schedule their case. For inquiries related to cases currently at the National Visa Center, please email NVCSIV@state.gov.
Qualified translators may also file new I-360 petitions with supporting documents until September 30, 2008 under this conversion legislation. NOTICE: Instructions for applying under the new provisions will be posted on our website as soon as possible.
The applicant should NOT make any travel arrangements, sell property, or give up employment until the US Embassy or Consulate General has issued a visa.
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Resettlement Benefits - Iraqis and Afghans applying for Special Immigrant Visas are now eligible for resettlement benefits. To learn more see "Option for resettlement benefits now available" below. Additionally, review the important resettlement benefits information, in the 'Arrival in the U.S.' section below.
Overview - What is this program?
What is meant by fiscal year?
STEP 1 - File an Application with USCIS
STEP 2 - Petition approved by USCIS - Sent to NVC
Option for resettlement benefits now available
STEP 3 - The Visa Interview
STEP 4 - Arrival in the U.S.
What is this program?
Under section 1059 of the National Defense Authorization Act for Fiscal Year 2006, Public Law 109- 163, up to 50 Iraqi and Afghan translators working for the U.S. military have been eligible for special immigrant visas (SIVs) each fiscal year (FY). Public Law 110- 36, which President Bush signed into law on June 15, 2007, amends section 1059 by expanding the total number of beneficiaries to 500 a year for FY 2007 and FY 2008 only. In FY 2009, the number of visas available for this category will revert to 50 annually. In addition to these Frequently Asked Questions for Applicants Living Overseas, also see the USCIS Fact Sheet on Afghan and Iraqi Translators.
This amendment also expands the category of eligible candidates to cover Iraqi and Afghan translators and interpreters who are under Chief of Mission (COM) authority.
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IMPORTANT NOTE: Special Immigrant Visas for Iraqis Employed by/on Behalf of U.S. Government - This new program is completely distinct from the above program authorizing special immigrant visas for certain Iraqi and Afghan translators/interpreters working for the USG. For information on this new program see Learn More.
What is meant by fiscal year?
The fiscal year begins on October 1 and ends September 30.
STEP 1: File an application with the Department of Homeland Security, U.S. Citizenship and Immigration Services
Who can apply? What are the requirements for the applicant?
What about my family? May they immigrate with me?
Who files the petition? What documents are required with the petition?
Where do I find the forms?
Who may submit the letter of recommendation?
Is there a template or format for the letter of recommendation?
Should I submit copies of commendations and recommendations along with the required recommendations?
Where do I file the petition?
What mailing address should be used on the I-360 for the translator?
Can the I-360 be filed by E-filing (electronically)?
Where will the petitions be adjudicated? Who makes the decision?
When the cap of 500 visas is reached, will the petitions be rejected and have to be refiled?
If my I-360 is denied, will the application fee be refunded?
What is the difference between Part I and Part 3 of the Form I-360 and should both be completed?
In Part 2, what box should be checked?
In Part 9 of the I-360 Form, who can sign the section for USCIS Officers or Consular Officers?
What are the fees associated with filing the petition?
What is the method of payment of the petition filing fee?
Can the fee be waived?
My question wasn't answered here. Where can I get more information about filing I-360 petitions with the Nebraska Service Center?
Who can apply? What are the requirements for the applicant?
Foreign nationals may self-petition for this special immigrant visa classification as COM or U.S. Armed Forces candidates if they meet all of the following requirements:
* Must be a national of Iraq or Afghanistan.
* Must have worked directly with the U.S. Armed Forces or under Chief of Mission authority as a translator or interpreter for a period of at least 12 months.
* Obtained a favorable written recommendation from a General or Flag Officer in the chain of command of the U.S. Armed Forces unit that was supported by the translator, or from the Chief of Mission from the Embassy where he/she worked.
* Must have cleared a background check and screening as determined by a General or Flag Officer in the chain of command of the U.S. Armed Forces unit that was supported by the translator, or by the Chief of Mission.
* Is otherwise eligible to receive an immigrant visa and is otherwise admissible to the U.S. for permanent residence, except in determining such admissibility, the grounds for inadmissibility specified in section 212 (A)(4) of such Act (8 U.S.C. 1182 (a)(4) relating to "public charge" shall not apply).
What about my family? May they immigrate with me?
Spouses and minor unmarried children of the translator who have been issued visas may travel with the principal applicant or may follow or join after the translator has been admitted to the United States.
Who files the petition? What documents are required with the petition?
The translator/interpreter should file the petition and the following package of documents directly with the US Citizenship and Immigration Service (USCIS), which is part of the Department of Homeland Security (DHS).
The petition must have the following supporting documents and required evidence at the time of filing:
* A copy of the passport or birth certificate showing the alien is a national of Iraq or Afghanistan.
* Proof of working as a translator/interpreter with the Armed Forces or under the Chief of Mission for at least 12 months.
* Proof of a background check and screening by the U.S. Armed Forces or the COM.
* A recommendation letter from a General or Flag Officer in the chain of command of the unit supported by the translator, or from the COM at the embassy in Baghdad or Kabul.
* Payment of fees for filing the petition (see below).
* Form I-360 [NOTE: The I-360 must have the original signature of the translator to be properly filed].
Where do I find the forms?
The forms are available on the USCIS website, under the title "Forms and Fees."
NOTE: The Form I-360 currently available on the USCIS website does not include notations for the Iraqi and Afghan translators; however, the instructions for Form I-360 available on that website provide petition information for those who worked with the U.S. Armed Forces, and a USCIS Fact Sheet, available online at http://www.uscis.gov/files/pressrelease/TranslatorExpansionFS02Jul07.pdf includes information as of July 2007 for I-360 petitions being filed by Iraqi and Afghan nationals who worked directly for the United States Armed Forces, or under the authority of the Chief of Mission. The I-360 is currently under revision to include these notations. Please use the current form available from the website until the revised form is available.
Who may submit the letter of recommendation?
General, Lieutenant General, Major General, Brigadier General in the Army, Air Force, or Marine Corps; Admiral, Rear Admiral in the Navy, or the Chief of Mission in Baghdad or Kabul.
Is there a template or format for the letter of recommendation?
There is no formal format, but the letter should include the length of service, information concerning the translator's security clearance, and the recommendation.
Should I submit copies of commendations and recommendations along with the required recommendations?
Copies of any additional commendations and recommendations may be submitted, but they do not take the place of the required documents.
Where do I file the petition?
Translators may file with:
USCIS Nebraska Service Center
P.O. Box 87360
Lincoln, NE 68501-2521
What mailing address should be used on the I-360 for the translator?
USCIS cannot mail any letter outside the United States except to an APO address. If the translator has access to an APO address, USCIS will use this address. If there is not access to an APO and they have family or friends in the United States, that address may be used with the permission of the family or friend. In Part 1, line 3, the family member's or friend's name must be listed in the C/O section; otherwise the post office will not deliver the mail. All applicants must list an email address, as that is the easiest way for us to reach them.
Can the I-360 be filed by E-filing (electronically)?
No, this form is not set up for E-filing.
Where will the petitions be adjudicated? Who makes the decision?
All petitions for this program will be adjudicated at the USCIS Nebraska Service Center. Then the petitions will be forwarded to the Department of State National Visa Center (NVC). After the petitions are forwarded to the NVC, the NVC will contact the petitioner by email and begin to process the necessary documentation for the visa. Once the file is complete, immigrant visa interviews for the translator and immediate family may be conducted at an embassy or consulate that processes Immigrant Visas and that the applicant can easily travel to. Applicants should contact the National Visa Center to inquire if the case may be processed in the country that they are currently residing in or can easily travel to.
When the cap of 500 visas is reached, will the petitions be rejected and have to be refiled?
USCIS will continue to process each petition, even after the annual cap has been reached. When the petition has been approved, it will be sent to the National Visa Center. NVC will be in contact with the petitioner and will forward the petition to the Embassy when the visa case is ready for processing.
If my I-360 is denied, will the application fee be refunded?
No, this is a processing fee and is not based on the decision.
What is the difference between Part 1 and Part 3 of the Form I-360 and should both be completed?
Part 1 and Part 3 contain similar information but Part 3 includes additional needed information. Both should be completed.
In Part 2, what box should be checked?
Box "k" should be checked and "translator" or "interpreter" should be written on the line.
In Part 9 of the I-360 form, who can sign the section for USCIS Officers or Consular Officers?
Because of the dangers in Iraq, USCIS will accept the signature of U.S. military officers in the chain of command of the translator.
What are the fees associated with filing the petition?
For applicants filing through the Nebraska Service Center while residing outside the U.S., the I-360 fee is $375.00.
See www.uscis.gov for more information about fees.
What is the method of payment of the petition filing fee?
The method of payment is either a personal check on a U.S. bank, a money order in U.S. dollars, or a fee receipt from a U.S. Embassy abroad. This may be paid by anyone. If paid by someone other than the translator and by personal check, it is suggested the translator's name be written on the bottom of the check.
Can the fee be waived?
Yes, the translator may request a fee waiver by placing a cover sheet on the petition and explaining the reasons for the request. However, if the waiver is denied the petition will be rejected and the filing date will not be retained, i.e. you will lose your place in line and need to re-file the petition, going to the back of the line.
My question wasn't answered here. Where can I get more information about filing I-360 petitions with the Nebraska Service Center?
You can send an e-mail to SIVTranslator.NSC@dhs.gov.
STEP 2: The petition is approved by USCIS and sent to the National Visa Center
When is a case ready for processing?
What documents do I need to send to NVC? (For Iraqi SIV applicants)
What documents do I need to send to NVC (For Afghan SIV applicants)
Option for resettlement benefits now available
My question wasn't answered here. Where can I get more information about my approved petition?
When is a case ready for processing?
Interpreter/translator cases will be processed according to the order that they become documentarily qualified. For these cases, the priority date is the date when the petition was received or filed at the Nebraska Service Center.
The National Visa Center (NVC) will receive the approved petition from USCIS and contact the applicants to advise them to begin collecting documents and procure a passport. (Only the G and H series Iraqi passports are valid for travel to the United States.) NVC is now working with petitioners by e-mail to collect the appropriate visa application forms and copies of civil documents, at which point they will schedule the immigrant visa interview at a post overseas and forward the case to that post. Applicants should have or obtain and provide an e-mail address to facilitate communication with NVC, as this has proved to be the only reliable means of reaching approved petition beneficiaries to provide instructions. Applicants with an approved petition at NVC may contact NVC by e-mail at NVCSIV@state.gov.
What documents do I need to send to NVC? (For Iraqi SIV applicants)
* A copy of the biodata page from the passport of each applicant. Iraqi applicants are strongly encouraged to obtain G series Iraqi passports.
* The DS-230 parts 1 and 2
* Scanned copies of a birth certificate for each applicant and any other civil documents showing the relationship between the petitioner and his/her spouse or minor children (e.g., marriage and divorce certificates, adoption decrees, etc.). If no birth certificate is available, the Iraqi national identity card (bataqa shaksiya) may be used instead of a birth certificate;
* Any documentation that provides evidence of military service, including service dates, rank, post of assignment, etc.
* If the applicant lived in a different country of nationality for more than 6 months AND was 16 years old at that time, THEN the applicant needs a police certificate from the police authorities of that locality.
All documents must be accompanied by a certified English translation. The translation must include a statement signed by the translator that states that the translation is accurate, and the translator is competent to translate.
What documents do I need to send to NVC? (For Afghan SIV applicants)
* A copy of the biodata page from the passport of each applicant (valid for at least 12 months beyond the anticipated visa interview date).
* The DS-230 parts 1 and 2
* Scanned copies of a birth certificate (Tazkara) for each applicant and any other civil documents showing the relationship between the petitioner and his/her spouse or minor children (e.g. marriage (Nikah Khet) and divorce certificates, adoption decrees, etc.)
* Police certificates are NOT required for residents of Afghanistan.
* Police certificates are required if you lived in a different country for more than 12 months since reaching the age of 16.
In addition, all applicants should submit 2 recent photographs of themselves, which meet photo requirements shown at http://travel.state.gov/visa/temp/info/info_1287.html
All documents must be accompanied by a certified English translation. The translation must include a statement signed by the translator that states that the translation is accurate, and the translator is competent to translate.
Option for resettlement benefits now available
Certain Iraqi and Afghan special immigrants are now eligible for the same resettlement assistance, entitlement programs, and other benefits as refugees admitted under the U.S. Refugee Admissions Program. Resettlement assistance provided by the Department of State is available under section 525 of Division J of the Consolidated Appropriations Act, 2008, Public Law 110-161, to any and all Iraqis and Afghans who are admitted to the United States on Special Immigrant Visas (on or after December 26, 2007), and under section 1244(g) of National Defense Authorization Act for Fiscal Year 2008, Public Law 110-181, to any and all Iraqis who are admitted to the United States on Special Immigrant Visas (on or after January 28, 2008) regardless of the authority under which the visa was granted.
If you are an Iraqi or Afghan and have applied for a Special Immigrant Visa, see the Resettlement Benefits Election Form, which will explain the resettlement benefits option. If you elect to receive resettlement benefits, then you will also need to fill out the Special Immigrant Visa Biodata form. One form for each family member must be completed. Return scanned copies of the Resettlement Benefits Election Form and the Special Immigrant Visa Biodata Form to the National Visa Center via email at NVCSIV@state.gov.
My question wasn't answered here. Where can I get more information about my approved petition?
You may e-mail the National Visa Center at NVCSIV@state.gov.
Step 3: The Visa Interview
Is a personal interview required?
If the translator is in Iraq, may the interview be conducted at the U.S. Embassy in Baghdad?
I do not have a valid passport, or I have an S, M or N series Iraqi passport
Can the translator's family accompany or follow to join him/her to the United States?
What documents should I bring to the interview?
Will the USG pay the cost for my travel to the interview?
Can the U.S. Embassy arrange for my entry visas and guarantee admission for my interview?
Can the visa fee be waived?
My question wasn't answered here. Where can I get more information about my pending visa?
Is a personal interview required?
Yes. While USCIS approves petitions, an interview is required to determine visa eligibility. For that, an applicant must appear in person at a U.S. Embassy or Consulate where a consular officer will interview the applicant. U.S. law also requires all applicants to submit finger scans, which will be taken at the interview.
If the translator is in Iraq, may the interview be conducted at the U.S. Embassy in Baghdad?
No, the U.S. Embassies in Baghdad and Kabul do NOT issue immigrant visas. Most of the interviews will be in Amman, Jordan for Iraqis or Islamabad, Pakistan for Afghanis. If the translator is in a third country, the interview will be conducted at the closest U.S. Embassy or Consulate.
I do not have a valid passport, or I have an S, M or N series Iraqi passport
You should make all possible efforts to obtain an Iraqi G Series passport; failure to do so will complicate your ability to travel and delay your application. If your immigrant visa appointment has been scheduled, please contact the Embassy where the interview will be scheduled for information about what documents may be required for travel to that country. You should be aware that Iraq S, M and N series passports are not valid for travel to the United States, though in some instances a waiver may be available. Again, this will delay your travel significantly. Follow this link for more information: http://amman.usembassy.gov/int_dev/docs/iraqi_s_series_passport.asp
Can the translator's family accompany or follow to join him/her to the United States?
Yes, the spouse and unmarried/under 21 children may accompany or follow to join the translator to the United States. These family members may accompany the translator to the Embassy interview and if the visas are issued, the family may travel as well. The translator will have to provide proof of the marriage relationship and the relationship to the children.
What documents should I bring to the interview?
In addition to your passport, please bring your Iraqi national identity card (bataqa shaksiya) as well as your military photo identification and originals of any civil documents, such as marriage certificates, birth certificates or death certificate.
Will the USG pay the cost for my travel to the interview?
No.
Can the U.S. Embassy arrange for my entry visas and guarantee admission for my interview?
No. While Embassies work closely with their host country counterparts to ensure coordination on important programs like the special immigrant visa program, the final decision about whom to admit into a country rests with the government of that country. Should entry prove to be a problem, the applicant should remain in close contact with the Embassy to which his or her case has been assigned.
Can the visa fee be waived?
No. We do not have any authority to waive the immigrant visa fees.
My question wasn't answered here. Where can I get more information about my pending visa?
You should directly contact the Embassy to which your case has been assigned. If your case has been assigned to Embassy Amman, you may e-mail ammansiv@state.gov
STEP 4: Arrival in the U.S.
Is there support for the transition period in the United States once the translator arrives?
Are there any other benefits available to Iraqi and Afghan SIV recipients?
Who is responsible for the cost of travel to the United States for the translator?
Contact Information
Is there support for the transition period in the United States once the translator arrives?
While overseas, an SIV recipient should file the Resettlement Benefits Election Form to elect participation in the program described in that form.
If an SIV recipient has already arrived in the United States on or after December 26, 2007, he/she may contact the Department of State’s Refugee Processing Center at siv@wrapsnet.org. They will direct the special immigrant to one of the Department of State’s resettlement agencies in his/her geographic location. He/she should contact that agency to make an appointment. For the appointment, the special immigrant and family members should bring passports with SIV visas, evidence of arrival date, and green card (if received). The resettlement agency will confirm eligibility for benefits.
Are there any other benefits available to Iraqi and Afghan SIV recipients?
Regardless of whether those Iraqi and Afghan SIV recipients who were admitted to the U.S after December 27, 2007 choose to participate in the Department of State resettlement program, they are also eligible for benefits and services funded by the Health and Human Services Office of Refugee Resettlement including Refugee Cash and Medical Assistance and Refugee Social Services. These federally funded programs provide a variety of services and have strict time limits and guidelines for participation. Iraqi recipients of SIVs are eligible for up to eight months of these benefits and services, beginning on their date of admission to the United States. Afghan recipients of SIVs are eligible for up to six months of these benefits and services, beginning on their date of admission to the United States. You can find additional information about these benefits by visiting the Department of Health and Human Services (HHS) Office of Refugee Resettlement web site at http://www.acf.hhs.gov/programs/orr.
Who is responsible for the cost of travel to the United States for the translator?
If an SIV recipient elects the Department of State's resettlement benefits while still overseas, he/she may be eligible for a travel loan (see the "Option for resettlement benefits now available" above).
Contact Information
* If you have an approved I-360 petition, please contact the National Visa Center at NVCSIV@state.gov.
* If you have an immigrant visa interview scheduled, please contact the embassy where the interview will be scheduled. You can find a list of our embassies at http://usembassy.gov/
* If you think you might be eligible to apply for this visa, please contact your supervisor in the Armed Forces, or the Human Resources office at your Embassy.
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