Afghan and Iraqi Special Immigrants and Amerasians

Afghan and Iraqi Special Immigrants

Definition

Displaced persons from Iraq and Afghanistan admitted to the U.S. with SIVs. These displaced individuals were employed by or assisted the U.S. Armed Forces with translation and interpreter services.

Rule

Effective December 19, 2009, Iraqi and Afghan SIs and their eligible family members became eligible to receive RSS, TA, and ORR discretionary grant services for up to 60 months from their date of entry into the U.S. or, if they applied for SI status while in the U.S., their date of adjustment to SI status. Previously, their eligibility period for all federal benefits and services was a maximum of eight months. The extension of RRP time-eligibility to 60 months for SIs is authorized by Section 8120 of Public Law 111-118, the DOD Appropriations Act, 2010, for which ORR issued instructions on March 23, 2010.

Documents

There are two types of proper documentation to verify that the Iraqi or Afghan principal SIV applicants and their families (spouses and their unmarried children) are in receipt of a SIV are:

An Iraqi or Afghan passport with an IV stamp noting that the individual has been admitted under any one of the following categories:
1. SI1 or SQ1 (Principal Applicant);
2. SI2 or SQ2 (Spouse of SI1 or SQ1);
3. SI3 or SQ3 (Unmarried child, under the age of 21, of SI1 or SQ1);
4. SI6 or SQ6 (Principal Adjusting Status in the U.S.);
5. ISI7 or SQ7 (Spouse of SI6 or SQ6);
6. SI9 or SQ9 (Unmarried child, under the age of 21, of SI6 or SQ6); and
7. A DHS stamp or notation on passport or I-94 showing date of entry.
DHS Form I-551 with an code of SI6 or SQ6, SI7 or SQ7, or SI9 or SQ9 which confirms both the status and the date of entry into the U.S. for the principal SIV applicant.

For Iraqi or Afghan Special Immigrants who acquire SIV status while in the U.S., the date of eligibility begins on the date the SIV status is granted.

Amerasians

Definition

Amerasian is a term broadly used to refer to children born of a U.S. citizen father. The children must have been born in Korea, Vietnam, Laos, Cambodia, or Thailand after 1950 and before October 22, 1982.

Amerasians born in Vietnam after January 1, 1962, and before January 1, 1976, are admitted as LPRs and treated as refugees. Amerasians are not sponsored.

Rule

Amerasians have immigrant status but are eligible for RCA, RMA and social services. Establish aid for them in the same manner as for all other time-eligible refugees.

Amerasians with U.S. passports have citizenship status but are eligible for RCA/RMA as though they were refugees. They must meet certain criteria to receive RCA or RMA, and services.

When the following criteria are met, the Amerasian is called the “principal alien”:

Establishing they were born in Vietnam after 1/1/62 and before 1/1/76, and
Establishing that they were fathered by a U.S. citizen, and
Being an Amerasian U.S. citizen rather than an immigrant.

The following relatives of the “principal noncitizen” are also eligible with Amerasian status:

Spouse or child of a principal noncitizen who accompanies or follows to join the principle noncitizen, or
The natural mother (or spouse or child of such mother) or one who has acted in effect as the principal alien’s mother, father, or next of kin, (or is the spouse or child of such an alien), and is accompanying, or following to join, the principal noncitizen.

As an noncitizen lawfully admitted for permanent residence, Amerasian immigrants from Vietnam are “qualified noncitizens” who meet the “Exception Criteria.”

Documents

The following documents are acceptable verification of Amerasian status:

I-94 annotated with codes AM1, AM2, AM3, AM6, AM7, AM8
I-94 annotated with code 402(a)(2)(A)(i)(v)
The I-94 is stamped on the front, in the upper right corner, “Processed for I-551. Temporary evidence of lawful admission for permanent resident. Valid until _______. Employment authorized.” The back of the I-94 will show the A-Number in box #20. A-Numbers in the immigrant series (beginning with 4) will be used. The unique identifier on the I-94 will appear in block #26, the comments section. An I-551 will be issued as soon as it can be manufactured and mailed
I-551 stamped with codes AM1, AM2, AM3, AM6, AM7, AM8, A11, A12, A16, A17, A31-A33, and A36-A38
Vietnamese Exit Visa or Vietnamese Passport if stamped with AM1, AM2, or AM3
U.S. Passport

Afghan and Iraqi Special Immigrants and Amerasians