Following a Court Filing, @StateDept Issues Iraqi Refugee John Doe a Special Immigrant Visa

Posted: 1:38 pm EDT
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In November last year, we wrote about John Doe, an Iraqi refugee allowed by Judge Richard W. Roberts to file his complaint under a pseudonym in the District Court of the District of Columbia.  As of the filing of the Complaint, it had been over three years since John Doe first filed his papers for chief of mission (COM) approval. Over two years had elapsed since John Doe submitted his SIV Application materials. In addition, it was over one year and nine months since John Doe completed his interview, the final step in his application process (see Meet John Doe, an Iraqi Refugee Who Works For Uncle Sam, and Still Waiting For Resettlement in the Home of the Brave).

According to court records, the SIV was issued and the case was subsequently dismissed by the District Court of the District of Columbia. The case is John Doe v. State Department, et. al., Civil Action No. 15-cv-01971-RBW.

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Congressional Service Reports and Briefs — September 2014

— Domani Spero
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Note that most of the docs below via state.gov are in pdf format:

-09/25/14   The United Arab Emirates (UAE): Issues for U.S. Policy  [440 Kb]
-09/24/14   Japan – U.S. Relations: Issues for Congress  [716 Kb]
-09/24/14   The “Khorasan Group” in Syria – CRS Insights  [55 Kb]
-09/24/14   Unaccompanied Alien Children: Demographics in Brief  [307 Kb]
-09/22/14   Climate Summit 2014: Warm-Up for 2015 – CRS Insights  [60 Kb]
-09/19/14   American Foreign Fighters and the Islamic State: Broad Challenges for Federal Law Enforcement – CRS Insights  [57 Kb]
-09/18/14   Energy Policy: 113th Congress Issues  [242 Kb]
-09/18/14   Russia’s Compliance with the INF Treaty – CRS Insights  [55 Kb]
-09/17/14   Afghanistan: Politics, Elections, and Government Performance  [670 Kb]
-09/17/14   Armed Conflict in Syria: Overview and U.S. Response  [880 Kb]
-09/16/14   Proposed Train and Equip Authorities for Syria: In Brief  [288 Kb]
-09/16/14   The U.S.-South Korea Free Trade Agreement (KORUS FTA): Provisions and Implementation  [589 Kb]
-09/15/14   Instances of Use of United States Armed Forces Abroad, 1798-2014  [484 Kb]
-09/15/14   Iraq: Politics, Governance, and Human Rights  [499 Kb]
-09/15/14   Man Without a Country? Expatriation of U.S. Citizen “Foreign Fighters”  [58 Kb]
-09/12/14   Iraqi and Afghan Special Immigrant Visa Programs  [340 Kb]
-09/10/14   Armed Conflict in Syria: Overview and U.S. Response  [647 Kb]
-09/10/14   Diplomatic and Embassy Security Funding Before and After the Benghazi Attacks [413 Kb]
-09/10/14   The “Islamic State” Crisis and U.S. Policy  [562 Kb]
-09/10/14   U.S. Foreign Assistance to Latin America and the Caribbean: Recent Trends and FY2015 Appropriations  [368 Kb]
-09/09/14   Considerations for Possible Authorization for Use of Military Force Against the Islamic State – CRS Insights  [56 Kb]
-09/09/14   U.S. Military Action Against the Islamic State: Answers to Frequently Asked Legal Questions  [355 Kb]
-09/08/14   Armed Conflict in Syria: Overview and U.S. Response  [633 Kb]
-09/08/14   Libya: Transition and U.S. Policy  [737 Kb]
-09/05/14   China’s Leaders Quash Hong Kong’s Hopes for Democratic Election Reforms – CRS Insights  [57 Kb]
-09/05/14   Defense Surplus Equipment Disposal, Including the Law Enforcement 1033 Program [272 Kb]
-09/05/14   Protection of Trade Secrets: Overview of Current Law and Legislation  [433 Kb]
-09/05/14   U.S. Strategic Nuclear Forces: Background, Developments, and Issues  [512 Kb]
-09/04/14   Ukraine: Current Issues and U.S. Policy  [365 Kb]
-09/03/14   Pakistan Political Unrest: In Brief  [250 Kb]

 

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Congress Extends Iraqi Special Immigrant Visa Program, Authorizes 2500 Visas After 1/1/2014

— Domani Spero

We have previously blogged about the special immigrant visa programs in Iraq and Afghanistan in this blog. (See Special Immigrant Visa (SIV) Program for Iraqi Nationals to End Sept 30, Or How to Save One Interpreter At a TimeIraqi Special Immigrant Visa Program: Potential Termination on September 30, 2013Iraqi Special Immigrant Visa (SIV) Program To End on December 31, 2013). On December 26, 2013, President Obama signed the National Defense Authorization Act (NDAA) for FY 2014.  The NDAA authorizes the issuance of 2,500 special immigrant visas after January 1, 2014 to qualified Iraqi applicants.  The new authorization does not have an end date and will conclude when 2500 visa numbers have been exhausted.

Below is the announcement from US Embassy Iraq:

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.

We recognize that many who have been employed or worked on behalf of the U.S. government in Iraq, and their families, face real threats as a result of their U.S. government affiliation. We take these threats, and the concerns of those who work with us, very seriously and we are committed to providing them with the benefits for which they are legally eligible.

The 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.

Read more here: http://iraq.usembassy.gov/siv-special.html

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Iraqi Special Immigrant Visa (SIV) Program To End on December 31, 2013

— Domani Spero

We previously posted about Iraqi SIVs in September. (See Special Immigrant Visa (SIV) Program for Iraqi Nationals to End Sept 30, Or How to Save One Interpreter At a Time).  The Department of State’s authority to issue Special Immigrant Visas (SIVs) to Iraqi nationals under the National Defense Authorization Act of 2008 has now been extended until December 31, 2013.  The US Embassy in Iraq cautions that “No matter what stage of the process you are in, all selected and eligible applicants must obtain their visa by December 31, 2013. There is no guarantee that the SIV program authority will be extended; therefore, you are strongly encouraged to act quickly to ensure you have the best possible chance to complete your case by December 31, 2013.” US Mission Iraq has updated its information on the Iraqi Special Immigrant Visa (SIV) Program with the following details:

  • Our authority to issue SIVs to principal applicants ends on December 31, 2013. We cannot issue SIVs to any principal applicants after this date.
  • Derivative family members (i.e., spouses, children) of principal applicants who were issued SIVs can still be issued SIVs after December 31, 2013.
  • Applicants are advised to check their email accounts and consult our website regularly for the most recent information regarding the SIV program.
  • Applicants whose cases are pending for additional documents are advised to send the required documents to our office immediately to the address listed in the instructions we provided to you.  Failure to do so may result in your visa not being issued before the December 31, 2013 deadline (principal applicants).
  • Applicants who have been scheduled for an interview are strongly encouraged to attend their appointment as scheduled.  Given the extremely high demand of appointments, we will be unable to reschedule your appointment, should you be unable to attend your interview.
  • The separate U.S. Refugee Admissions Program (USRAP) for U.S.-affiliated Iraqis remains in place and will continue to be available after December 31, 2013 regardless of whether the Iraqi SIV program ends at that time.  The Embassy encourages SIV applicants to seek out information about the USRAP 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.

Click here for more details including frequently asked questions.

Unless extended by Congress, the State Department’s authority to issue Special Immigrant Visas (SIVs) to Afghan nationals will also expire in September 2014.

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Special Immigrant Visa (SIV) Program for Iraqi Nationals to End Sept 30, Or How to Save One Interpreter At a Time

— By Domani Spero

In June this year, we blogged about the potential termination of the SIV program for Iraqis who have worked for or on behalf of the U.S. Government in Iraq (See Iraqi Special Immigrant Visa Program: Potential Termination on September 30, 2013). The recent OIG inspection report on the US Embassy in Baghdad and it constituent posts indicate that the impending termination of Iraqi SIVs at the end of September this year has not been publicized because US Embassy Baghdad, and the Bureaus of Consular Affairs (CA), and Population, Refugees and Migration (PRM) expect the program to be extended.

On September 12, USCIS sent a reminder and issued a statement that authorization for the Special Immigrant Visa (SIV) program for Iraqi nationals who worked for or on behalf of the United States government will expire on Sept. 30, 2013. Individuals applying under this program, including family members, must be admitted to the United States or adjust their statuses before Oct. 1, 2013.

The program was created by Section 1244 of Public Law 110-181, as amended by Public Law 110-242. It covers Iraqi nationals who—during the period between March 20, 2003, and the present—have been employed by or on behalf of the United States government in Iraq for a period of not less than one year. The expiration date also applies to spouses and unmarried child(ren) accompanying or following to join the principal applicant.

As announced at its inception, the Iraqi SIV program will expire on Sept. 30, 2013, at 11:59 p.m. EDT unless Congress extends the program. After Sept. 30, 2013, USCIS will reject any petitions or applications filed based on the Iraqi SIV program. Beginning Oct. 1, 2013, USCIS will suspend processing of any pending Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, or Form I-485, Application to Register Permanent Residence or Adjust Status, filed based on the Iraqi SIV program.

For updates, please check our website at www.uscis.gov or call the National Customer Service Center at 1-800-375-5283. You can also find useful information on the U.S Embassy in Iraq’s website at http://iraq.usembassy.gov/siv-special.html.

If the program will expire in three weeks, and the individual has to be admitted to the United States before October 1, 2013, the door is left with just a crack.  Who can get an SIV in three weeks and slip into that crack?

Matt Zeller,  a United States Army veteran of the Afghan War and a Fellow with the Truman National Security Project writes about a specific visa case, under a similar program in Afghanistan:

From 2011 until July 2013, Janis waited for word that the State Department had approved his visa. Several times the US embassy in Kabul asked him to file additional paperwork and even appear for medical and personal interviews. At every appointment Janis would ask how much longer the process would take, but no one could ever give him a more specific answer other than “months to years.”[…] Going through this complicated process educated me beyond imagination. I’m convinced that the current visa program, while well intentioned, cannot succeed as designed. […] for Janis to receive his visa, organizations such as the FBI, Homeland Security, and State Department all had to individually approve his visa application during their security background investigation, using their own individual opaque databases.

Read One Veteran’s Battle to Bring His Afghan Interpreter to the United States.

Something else Mr. Zeller did.  He started a Change.org petition and he and Janis did media interviews (by phone from Kabul). Yahoo! News reportedly published the first story about Janis on Sept. 6, and within hours the petition had thousands of signatures.  Here is the HuffPo Live video interview.

Mr. Zeller, a forceful advocate for the person who saved his life also asked supporters to contact their members of Congress and get these elected officials to write and call the U.S. Embassy in Kabul, the State Department, and anyone else they thought could help expedite Janis’ visa for approval. Note that visa petitions are approved by DHS, once approved, only then can visas be issued by State.  By the time it was over, and 104,588 signatures later, Mr. Zeller won his campaign to secure a visa for Janis Shinwari, his interpreter while he was in Afghanistan.  Now he is on a mission to save his other interpreter, Ehsan.

We admire what Mr. Zeller is doing for his interpreters.   But we worry about applicants who qualify for SIVs both in Afghanistan and Iraq but do not have vocal advocates for their cases.   In a perfect world, we don’t need a Matt Zeller or a change.org for the US Embassy in Kabul or Baghdad to issue these visas.  But the fact that Janis received a visa after a change.org petition and after a lot of press noise, tells us something folks already know — the system is not working as it should but one person can make a difference.   If Mr. Zeller can  replicate this campaign with Ehsan’s case, we suspect that in short order, the State Department will be swamped with similar campaigns.

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