Who qualifies for a Special Immigrant Visa?
This Special Immigrant Visa program is available to persons who worked with the U.S. Armed Forces or under Chief of Mission authority as a translator or interpreter in Iraq or Afghanistan. This program, which offers visas to up to fifty persons a year, remains active.
Who is considered a special immigrant?
They are “religious workers, special immigrant juveniles, certain broadcasters, certain retired officers or employees of a G-4 international organization or NATO-6 civilian employees and their family members, certain employees of the U.S. government who are abroad and their family members, members of the U.S. armed ...
What are the 4 types of immigrants?
To begin with, let's look at the four types of immigration status that exist: citizens, residents, non-immigrants and undocumented.
When was Special Immigrant Visa created?
2006A small, permanent SIV program, also known as the 1059 SIV program, was established by the National Defense Authorization Act (NDAA) for Fiscal Year 2006.
Who is eligible for SIV?
SIVs are available to individuals who have worked as translators, interpreters, or other professionals employed by or on behalf of the United States government in Afghanistan or Iraq. Those who are eligible for these visas and their dependents can apply through one of two SIV programs.
Is SIV a green card?
Religious workers are eligible for an SIV green card or lawful permanent residency in the United States. They apply for a special immigrant religious worker visa.
What is the difference between green card and immigrant visa?
Immigrant visas can start the process for permanent resident status, but they do not provide resident status themselves. A green card is a physical card that represents the holder's right to permanently live and work within the United States. Green cards are only obtained after arrival within the United States.
What are 3 types of non immigrant visas?
What are the nonimmigrant visa types? There are three primary nonimmigrant visa categories. You can visit the United States for temporary tourism or business, study, and work.
How many visa types are there for US?
Types of Visas offered by USVisa TypePurposeAForeign government officials and diplomatsA1, G-1, NATO1-6Visa renewalsA-2, NATO1-6Military personnel of a foreign country stationed in the U.S.B-1Amateur and professional athletes who are competing for prize money Business visitors Nannies or domestic employees31 more rows
What is the difference between SIV and p2?
The P-2 program is designed for Afghan nationals who are not eligible for a Special Immigrant Visa (SIV) and unlike SIV, there is no minimum length of employment to be eligible. What else do I need to know about eligibility?
What does SIV status mean?
The Special Immigrant Visa (SIV) programs are programs for receiving a United States visa.
What documents are needed for SIV?
Verification of 12 Months Employment With or on Behalf of the U.S. Government in Afghanistan. ... Form DS-157, Supplemental Nonimmigrant Visa Application. ... Letter of Recommendation from Your Direct, U.S. Citizen Supervisor. ... Evidence of Afghan Nationality. ... Biographic Data.More items...
What is special immigrant N8?
N-8 is exclusively for a Parent of Special Immigrants. This confers a special legal status upon parents of NATO G-4 employees. Parents may only qualify for this status if the qualifying employee is under the age of 21. He or she may be a military or civilian G-4 employee, so many NATO members are eligible.
What is a SIV?
Medical Definition of SIV : a retrovirus of the genus Lentivirus (species Simian immunodeficiency virus) that causes a disease in monkeys similar to AIDS and that is closely related to HIV-2 of humans. — called also simian immunodeficiency virus.
What is an o1 visa for us?
The O-1 nonimmigrant visa is for the individual who possesses extraordinary ability in the sciences, arts, education, business, or athletics, or who has a demonstrated record of extraordinary achievement in the motion picture or television industry and has been recognized nationally or internationally for those ...
What is a N8 or N9 nonimmigrant?
N8/N9 Non Immigrant Visa Parents of certain special immigrants children under the age of 21.
What is the Special Immigrant Visa?
The Special Immigrant Visa is an immigration program that grants permanent residence to people who aided the U.S. government abroad.
How long does it take to get a visa?
The entire visa process should, according to the law, take no more than 9 months, but “the program has been plagued by backlogs leading to processing times that can last over three years,” said Representative Ami Bera, chairman of the House Foreign Affairs Subcommittee on Asia, the Pacific, Central Asia and Nonproliferation.
Can a petitioner travel to another interview?
If the family, for whatever reason, cannot attend, they will not be able to travel with the petitioner until they schedule another interview.
How old do you have to be to get special immigrant status?
To get special immigrant juvenile status, a person must: Be under the age of 21 on the date of filing the petition for SIJ status (Form I-360); Have a state court order that is in effect on the date of filing the Form I-360; Not be married; Live inside the U.S. at the time of filing the Form I-360;
What Is a Special Immigrant Juvenile?
The Special Immigrant Juvenile program of the USCIS exists to help foreign children in the U.S. who have been abused, abandoned, or neglected and qualify for the protection of a juvenile court. In order to qualify as a special immigrant juvenile, or SIJ, you must have an order from a state court that contains certain findings. The USCIS uses the information in the order to determine your status as a SIJ.
Do I Need a Lawyer for Assistance with Obtaining a Special Immigrant Visa?
This is a very technical and complex area of the law and an experienced immigration lawyer can provide much needed assistance when applying for special immigrant status.
What is USCIS consent?
This means that the applicant must have sought the juvenile court order to obtain relief from abuse, neglect, abandonment or a similar basis under state law and not primarily to obtain an immigration benefit.
What is the purpose of the Special Immigrant Juvenile Program?
The Special Immigrant Juvenile program of the USCIS exists to help foreign children in the U.S. who have been abused, abandoned, or neglected and qualify for the protection of a juvenile court. In order to qualify as a special immigrant juvenile, or SIJ, you must have an order from a state court that contains certain findings.
How long does it take to get a green card after coming to the US?
One year after coming to the United States, a refugee must apply for a green card. However, a non-citizen who has been granted refugee status cannot adjust their status from that of asylum-seeker or refugee to SIV.
How many green cards are there for special immigrant?
Only 10,000 green cards in total annually are allowed to obtain the “ Special Immigrant” status. Also, children and spouses of special immigrants are often granted lawful permanent resident status (LPR) or “ derivative citizenship ” as the child or spouse of a special immigrant. To be admitted as a special immigrant, ...
How long does it take to get a SIV visa?
A 2013 amendment to the Afghan Allies Protection Act requires that the State Department’s review of an SIV application be completed within nine months, from submission to final notice of approval. But reports on how long the SIV process actually takes have varied. Some indicate it takes an average of 658 days, while others state that it can take as long as 996 days to process an SIV application. But the reported waits are only the time it takes the U.S. federal government to process an application it has received. If one accounts for the time an individual needs to put the application together – including collecting the necessary documents, filling out the application, and scheduling a visa interview – some SIV recipients have waited even longer, as much as three-and-a-half years in some instances.
What is the second visa in Afghanistan?
The second, the SQ visa class category , is available to any other Afghan national who was employed by or on behalf of the United States government in the region. Both of these SIV programs were created by Congress and are managed by the U.S. State Department. The number of SIVs available to people in Afghanistan are set by congressional statute.
What are the two SIV programs in Afghanistan?
What are the two Afghanistan SIV programs? There are two SIV programs available to those in Afghanistan. The first, the SI visa class category, is meant specifically for translators or interpreters who have worked with U.S. military forces. The second, the SQ visa class category, is available to any other Afghan national who was employed by ...
How many SQ visas will be issued in 2021?
The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 increased the number of SQ visas by 4,000 bringing these available SIV visas to a total of 26,500. Currently there are three different pieces of legislation, that have been introduced, to increase that total by an additional 4,000, 8,000, and 20,000 SIV visas.
How many segments are there in the visa application process?
The application process involves a lot of documentation and can be broken down into three segments: (1) gathering initial petition documents, (2) collecting additional family records, and (3) scheduling a visa interview.
How long does an employee have to be an ISAF employee?
has been an employee of the U.S. government or International Security Assistance Force (ISAF) for at least two years between 2001 and 2021 (this qualifies the individual for the SQ category).
How to interview for SIV?
Interviews are conducted in English, and applicants and their accompanying family members are fingerprinted. The applicant needs to bring along all the family members included in the application to the interview , along with the originals of family records submitted to NVC, as well as recent photographs for identification purposes. SIV candidates also need to provide written descriptions of their qualifying positions for the U.S. government. If still employed in a qualifying position at the time of the interview, the applicant should be prepared to give a written statement of his or her intent to resign and emigrate upon visa approval.
What is SIV visa?
programs for receiving visas to the United States. The Special Immigrant Visa ( SIV) programs are two programs for receiving a United States visa. The program is administered under the Defense Authorization Act for Fiscal Year 2008, Public Law 110-181, which was signed into law on January 28, 2008.
Who is eligible for SIV status?
As amended, section 1059 provides for SIV status for eligible Iraqi and Afghan translators and interpreters who have worked directly with United States Armed Forces or under Chief of Mission (COM) authority.
When was the SIV program extended?
program. This law, signed on August 8, 2014, extended the Afghan SIV Program.
Do foreign nationals need to self petition for a visa?
Foreign nationals must self-petition for this special immigrant visa classification only if they can establish that they meet the following requirements:
Why does USCIS accept signatures?
Because of the dangers in Iraq and Afghanistan, USCIS will accept the signature of a U.S. military officer in the chain of command of a translator or interpreter who has worked directly with the U.S. Armed Forces.
Who is eligible for SIV status?
As amended, the Act provides for SIV status for eligible Iraqi or Afghan translators and interpreters, who have worked directly with the U.S. Armed Forces or under Chief of Mission (COM) authority at U.S. Embassy Baghdad or U.S. Embassy Kabul. For more information about the relevant U.S. laws, see References - U.S. Laws, numbers 1, 2, and 3.
What documents do I need to get a visa for Iraq?
You should also bring originals of your civil documents, such as marriage certificates, birth certificates, or death certificates, including all documents that were submitted by e-mail to NVC. At the visa interview, you will also be expected to provide written evidence of your intent to immigrate promptly to the United States.
Where is the NVC visa interview?
NVC will also schedule the visa interviews for you and your family at a U.S. embassy or consulate overseas.
How many principal applicants can receive SIV?
The total number of principal applicants who can receive SIV status under this program may not exceed 50 per fiscal year.
Can a spouse travel with you?
Your spouse, as well as unmarried children younger than 21, may be granted SIVs, and may travel with you or may follow to join you after you have been admitted to the United States.
What is an Immigrant Visa?
In simplest terms, an immigrant visa is a visa for a foreign individual who wishes to make the United States his or her permanent home. Being granted permanent residence is commonly referred to as getting a “green card.”
What are the two categories of visas?
Although there are many subcategories, U.S. visas fall into two basic categories: immigrant and nonimmigrant visas . Determining which type of visa is appropriate to your situation and successfully navigating the process can be complicated, and consulting an experienced immigration lawyer should be your first step.
How does immigration work?
The immigration process is commenced by the filing of a petition on behalf of the person hoping to become a legal resident of the U.S . The exact process differs somewhat depending on the type of immigrant visa requested. For example, a family-based case begins with the submission of Form I-130, petition for Alien Relative. An employment-based case is typically commenced by the filing of form I-140, Petition for Alien Worker.
How old do you have to be to get a visa?
Unmarried children of a U.S. citizen who are under the age of 21. Other qualified relatives such as brothers, sisters and children who are married or aged 21 or older may have to wait for a visa to become available, as do relatives of permanent legal residents of the U.S.
Can a green card holder apply for an immigrant visa?
A current green card holder may apply for an immigrant visa for his or her:
How many additional visas are there for the Afghan SIV program?
This law, signed on February 15, 2019, amends the Afghan SIV program by adding 4,000 additional visas, conditioned on the development and implementation of a prioritization process for Afghan special immigrant visas and the submission of three reports to the appropriate congressional committees. 5.
What happens if a visa is approved?
The U.S. Citizenship and Immigration Services (USCIS) will continue to process each petition, even after the numerical limit of visas has been reached. When your petition has been approved, it will be sent to the National Visa Center (NVC). If visas are available, NVC will contact you to schedule the visa interview. If visas are no longer available, NVC will hold the petition.
What is the waiver for SIV in Afghanistan?
117-31, enacted July 30, 2021, gave the Secretary of State and the Secretary of Homeland Security the authority to issue a joint blanket waiver of the requirement that SIV applicants undergo a medical exam before being issued an immigrant visa or admitted to the United States. Such waiver is applicable to Afghan SIV applicants in Afghanistan who have met all requirements for SIV issuance except the medical exam if and when the U.S. Chief of Mission at Embassy Kabul determines that Afghan SIV applicants are no longer able to obtain the medical exam without undue hardship or risk to personal safety. The Chief of Mission made this determination on August 13, 2021. The medical waiver is applicable to Afghan SIV applicants who meet the requirements outlined above. Applicants granted a medical waiver are required to complete a medical exam in the United States not later than 30 days after admission into the United States.
What is Section 602 B?
Section 602 (b) of the Afghan Allies Protection Act of 2009, as amended, is a special immigrant program, which authorizes the issuance of Special Immigrant Visas (SIVs) to Afghan nationals who meet certain requirements and who were employed in Afghanistan: by or on behalf of the U.S. government in Afghanistan, or.
How long does it take to get a visa if an alien fails to apply?
Immigration and Nationality Act (INA) section 203 (g) provides that the Secretary of State shall terminate the registration (petition) of any alien who fails to apply for an immigrant visa within one year of notice of visa availability .
What is ISAF translator?
by the International Security Assistance Force (ISAF), or a successor mission, in a capacity that required the applicant to serve as an interpreter or translator for U.S. military personnel while traveling off-base with U.S. military personnel stationed at ISAF or to perform activities for the U.S. military personnel stationed at ISAF.
How long do you have to be employed to get SIV?
The SIV program requires applicants who submit applications after September 30, 2015, to have been employed for a minimum of two years, between October 7, 2001, and December 31, 2022. Applicants must also have experienced or be experiencing an ongoing serious threat as a consequence of their employment.
