A. Number of Visas

Section 1059 of the National Defense Authorization Act for Fiscal Year 2006 (NDAA 2006), entitled “Special Immigrant Status for Persons Serving as Translators with United States Armed Forces,” authorized the issuance of up to 50 special immigrant visas per fiscal year to Iraqi and Afghan translators and interpreters working for the U.S. government.^[1] Congress increased the total number of special immigrant visas issued under the interpreter and translator program to a total of 500 principal applicants per year for Fiscal Years 2007 and 2008 only.^[2]

B. Filing

Iraqi and Afghan nationals who worked directly with the U.S. armed forces or under Chief of Mission (COM) authority at the U.S. Embassy Baghdad or U.S. Embassy Kabul as translators or interpreters may file a Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360) on their own behalf. The petitioner must file Form I-360 according to the form instructions.^[3]

C. Eligibility

To obtain approval of a petition for special immigrant status as an Iraqi or Afghan translator or interpreter under the NDAA 2006, the petitioner must establish that he or she:

1. Is a national of Iraq or Afghanistan;
2. Worked directly as a translator or interpreter with the U.S. armed forces, or under COM authority, for a period of at least 12 months;
3. Has obtained a favorable written recommendation from the COM or a general or flag officer in the chain of command of the U.S. armed forces unit supported by the translator or interpreter;
4. Has cleared a background check and appropriate screening as determined by the COM or a general or flag officer in the chain of command of the U.S. armed forces unit supported by the translator or interpreter; and
5. Is otherwise eligible to receive an immigrant visa and is otherwise admissible to the United States for permanent residence.^[4]

D. Automatic Conversion for Approved Translators and Interpreters

A petitioner with an approved petition for special immigrant status as an Afghan or Iraqi translator or interpreter under Section 1059 of NDAA 2006, for whom a visa under such section is not immediately available, is eligible for conversion of the approved petition to that of an Iraqi or Afghan employed by or on behalf of the U.S. government under Section 1244 of the National Defense Authorization Act for Fiscal Year 2008.^[5] USCIS may complete such conversions until the numerical limitation specified under Section 1244 is reached.^[6]

Despite the fact that approvals are counted against available Section 1244 visa numbers,^[7] eligibility is still determined under Section 1059 rather than under the different eligibility requirements of Section 1244.^[8]

E. Documentation and Evidence

The petitioner must submit the following evidence along with a completed Form I-360:

1. A copy of the petitioner’s passport or nationality or birth certificate showing that the petitioner is a national of Iraq or Afghanistan, along with a certified English translation, if the document is in a foreign language;
2. Proof, issued by the U.S. armed forces or the COM, of working as a translator or interpreter for at least 12 months;
3. Proof of background check and screening by the U.S. armed forces or the COM;
4. A letter of recommendation from the COM, or a general or flag officer in the chain of command of the U.S. armed forces unit supported by the translator or interpreter; and
5. If the petition is filed by a petitioner in the United States, a copy of the front and back of the petitioner’s Arrival/Departure Record (Form I-94).

F. Derivative Beneficiaries

The spouse and unmarried child(ren) younger than 21 years old accompanying or following to join a principal immigrant may be accorded the same special immigrant classification as the principal immigrant. Visas issued to derivative spouses and children do not count toward the numerical limitations on special immigrant visas for principal immigrants.

Deceased Principal Alien (No Pending or Approved Form I-360)

Family members of the principal immigrant may still be eligible for special immigrant classification even if the principal immigrant dies.

A surviving spouse and children may be eligible for special immigrant classification^[9] if the deceased principal alien had met the employment requirements as of the date of the principal alien's death.

The surviving spouse or children must submit Form I-360 establishing that the deceased principal alien met the special immigrant eligibility requirements.^[10]

When submitting the Form I-360, a surviving spouse or child must submit evidence of the qualifying relationship with the deceased principal alien and that such relationship existed at the time of the principal alien’s death.

Deceased Principal Alien (Pending or Approved Form I-360)

Where the principal alien had a pending or an approved Form I-360 petition, the eligibility of the surviving spouse and children is also affected by INA 204(l),^[11] since the surviving spouse and children are derivative beneficiaries of an employment-based immigrant visa petition.^[12] In light of the interrelationship between Section 1059 of NDAA 2006 and INA 204(l):

1. USCIS may approve a pending visa petition under Section 1059 of NDAA 2006 despite the death of the principal alien while the petition is pending; or
2. After the death of the principal alien, USCIS may favorably exercise discretion to reinstate the approval of a visa petition under Section 1059 of NDAA 2006.

Footnotes

[^ 1] See Section 1059 of the National Defense Authorization Act for Fiscal Year 2006, Pub. L. 109-163 (PDF), 119 Stat. 3136, 3443 (January 6, 2006).

[^ 2] See Pub. L. 110-36 (PDF) (June 15, 2007).

[^ 3] For current information about filing locations, fees, and other information about how to file, see uscis.gov/i-360. See Fee Schedule (Form G-1055).

[^ 4] In the determination of such admissibility, the grounds for inadmissibility specified in INA 212(a)(4) relating to “public charge” do not apply.

[^ 5] See Pub. L. 110-181 (PDF), 122 Stat. 3, 396 (January 28, 2008), as amended by Section 2 of Pub. L. 110-242 (PDF), 122 Stat. 1567, 1567 (June 3, 2008).

[^ 6] See Section 1059 of the National Defense Authorization Act for Fiscal Year 2006, Pub. L. 109-163 (PDF), 119 Stat. 3136, 3443 (January 6, 2006). See Pub. L. 110-242 (PDF) (June 3, 2008), as amended by Section 404 of the Emergency Security Supplemental Appropriations Act of 2021, Pub. L. 117-31 (PDF), 135 Stat. 309, 319 (July 30, 2021).

[^ 7] As provided under Section 602(b)(9) of the Afghan Allies Protection Act of 2009, Title VI of Pub. L. 111-8 (PDF), 123 Stat. 524, 809 (March 11, 2009).

[^ 8] See Section 1059 of the National Defense Authorization Act for Fiscal Year 2006, Pub. L. 109-163 (PDF), 119 Stat. 3136, 3443 (January 6, 2006). See Pub. L. 110-242 (PDF) (June 3, 2008), as amended by Section 404 of the Emergency Security Supplemental Appropriations Act of 2021, Pub. L. 117-31 (PDF), 135 Stat. 309, 319 (July 30, 2021).

[^ 9] Under Section 403 of the Emergency Security Supplemental Appropriations Act of 2021, Pub. L. 117-31 (PDF), 135 Stat. 309, 318 (July 30, 2021), a surviving spouse and children of a deceased alien who submitted an application for COM approval under Section 1059 of the National Defense Authorization Act for Fiscal Year 2006, Pub. L. 109–163 (PDF), 119 Stat. 3136, 3443 (January 6, 2006) may be eligible for special immigrant status under Section 1244 of Pub. L. 110-181 (PDF), 122 Stat. 3, 396 (January 28, 2008) or Section 602(b) of the Afghan Allies Protection Act of 2009, Pub. L. 111-8 (PDF), 123 Stat. 524, 807 (March 11, 2009).

[^ 10] See Section 1059 of the NDAA for Fiscal Year 2006, Pub. L. 109-163 (PDF), 119 Stat. 3136, 3443 (January 6, 2006).

[^ 11] As amended by Section 568(d) of the DHS Appropriation Act of 2010, Pub. L. 111-83 (PDF), 123 Stat. 2142, 2187 (October 28, 2009).

[^ 12] Filed under INA 203(b).