§ 1244. SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS.
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In General .— Subject to subsection (c), the Secretary of Homeland Security, or, notwithstanding any other provision of law, the Secretary of State in consultation with the Secretary of Homeland Security, may provide an alien described in subsection
(b)with the status of a special immigrant under section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) ), if the alien— or an agent acting on behalf of the alien, submits a petition for classification under section 203(b)(4) of such Act ( 8 U.S.C. 1153(b)(4) ); is otherwise eligible to receive an immigrant visa; is otherwise admissible to the United States for permanent residence (excluding the grounds for inadmissibility specified in section 212(a)(4) of such Act ( 8 U.S.C. 1182(a)(4) )); and cleared a background check and appropriate screening, as determined by the Secretary of Homeland Security. Aliens Described.— Principal aliens .— An alien is described in this subsection if the alien— is a citizen or national of Iraq; was or is employed by or on behalf of the United States Government in Iraq, on or after March 20, 2003 , for not less than one year; provided faithful and valuable service to the United States Government, which is documented in a positive recommendation or evaluation, subject to paragraph (4), from the employee’s senior supervisor or the person currently occupying that position, or a more senior person, if the employee’s senior supervisor has left the employer or has left Iraq; and has experienced or is experiencing an ongoing serious threat as a consequence of the alien’s employment by the United States Government. Spouses and children .— An alien is described in this subsection if the alien— is the spouse or child of a principal alien described in paragraph (1); and is accompanying or following to join the principal alien in the United States. Treatment of surviving spouse or child.— In general .— An alien is described in this subsection if the alien— was the spouse or child of a principal alien described in paragraph
(1)who submitted an application to the Chief of Mission pursuant to this section or section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 8 U.S.C. 1101 note), which included the alien as an accompanying spouse or child; and due to the death of the principal alien— such petition was revoked or terminated (or otherwise rendered null); and such petition would have been approved if the principal alien had survived. Employment requirements .— An application by a surviving spouse or child of a principal alien shall be subject to employment requirements set forth in paragraph
(1)as of the date of the principal alien’s filing of an application for the first time, or if the principal alien did not file an application, the employment requirements as of the date of the principal alien’s death. Approval by chief of mission required .— In general .— Except as provided under subparagraph (B), a recommendation or evaluation required under paragraph (1)(C) shall be accompanied by approval from the Chief of Mission, or the designee of the Chief of Mission, who shall conduct a risk assessment of the alien and an independent review of records maintained by the United States Government or hiring organization or entity to confirm employment and faithful and valuable service to the United States Government prior to approval of a petition under this section. Review process for denial by chief of mission.— In general .— An applicant who has been denied Chief of Mission approval required by subparagraph
(A)shall— receive a written decision that provides, to the maximum extent feasible, information describing the basis for the denial, including the facts and inferences underlying the individual determination; and be provided not more than one written appeal— that shall be submitted not more than 120 days after the date that the applicant receives such decision in writing; and that may request reopening of such decision and provide additional information, clarify existing information, or explain any unfavorable information. Iraqi special immigrant visa coordinator .— The Secretary of State shall designate, in the Embassy of the United States in Baghdad, Iraq, an Iraqi Special Immigrant Visa Coordinator responsible for overseeing the efficiency and integrity of the processing of special immigrant visas under this section, who shall be given— sufficiently high security clearance to review information supporting Chief of Mission denials if an appeal of a denial is filed; responsibility for ensuring that an applicant described in clause
(i)receives the information described in clause (i)(I); and responsibility for ensuring that every applicant is provided a reasonable opportunity to provide additional information, clarify existing information, or explain any unfavorable information pursuant to clause (i)(II). Evidence of serious threat .— A credible sworn statement depicting dangerous country conditions, together with official evidence of such country conditions from the United States Government, should be considered as a factor in determination of whether the alien has experienced or is experiencing an ongoing serious threat as a consequence of the alien’s employment by the United States Government for purposes of paragraph (1)(D). Numerical Limitations.— In general .— The total number of principal aliens who may be provided special immigrant status under this section may not exceed 5,000 per year for fiscal years 2008 through 2012. Exclusion from numerical limitations .— Aliens provided special immigrant status under this section shall not be counted against any numerical limitation under sections 201(d), 202(a), or 203(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) , 1152(a), and 1153(b)(4)). Carry forward.— Fiscal years 2008 through 2011 .— If the numerical limitation specified in paragraph
(1)is not reached during a given fiscal year referred to in such paragraph (with respect to fiscal years 2008 through 2011), the numerical limitation specified in such paragraph for the following fiscal year shall be increased by a number equal to the difference between— the numerical limitation specified in paragraph
(1)for the given fiscal year; and the number of principal aliens provided special immigrant status under this section during the given fiscal year. Fiscal years 2012 and 2013 .— If the numerical limitation specified in paragraph
(1)is not reached in fiscal year 2012, the total number of principal aliens who may be provided special immigrant status under this section for fiscal year 2013 shall be equal to the difference between— the numerical limitation specified in paragraph
(1)for fiscal year 2012; and the number of principal aliens provided such status under this section during fiscal year 2012. Limitation on number of visas.— In general .— The total number of principal aliens who may be provided special immigrant status under this section after January 1, 2014 , shall be not more than 2500. Employment period .— The 1-year period during which the principal alien is required to have been employed by or on behalf of the United States Government in Iraq under subsection (b)(1)(B) shall begin on or after March 20, 2003 , and end on or before September 30, 2013 . Application deadline .— The principal alien seeking special immigrant status under this subparagraph shall apply to the Chief of Mission in accordance with subsection (b)(4) not later than September 30, 2014 . Visa and Passport Issuance and Fees .— Neither the Secretary of State nor the Secretary of Homeland Security may charge an alien described in subsection
(b)any fee in connection with an application for, or issuance of, a special immigrant visa. The Secretary of State shall make a reasonable effort to ensure that aliens described in this section who are issued special immigrant visas are provided with the appropriate series Iraqi passport necessary to enter the United States. Protection of Aliens .— The Secretary of State, in consultation with the heads of other relevant Federal agencies, shall make a reasonable effort to provide an alien described in this section who is applying for a special immigrant visa with protection or the immediate removal from Iraq, if possible, of such alien if the Secretary determines after consultation that such alien is in imminent danger. Eligibility for Admission Under Other Classification .— No alien shall be denied the opportunity to apply for admission under this section solely because such alien qualifies as an immediate relative or is eligible for any other immigrant classification. Resettlement Support .— Iraqi aliens granted special immigrant status described in section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) ) shall be eligible for resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of such Act ( 8 U.S.C. 1157 ) to the same extent, and for the same periods of time, as such refugees. Rule of Construction .— Nothing in this section may be construed to affect the authority of the Secretary of Homeland Security under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 [ Pub. L. 109–163 , 8 U.S.C. 1101 note].
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- Pub. L. 109-163
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§ 1244
SPECIAL IMMIGRANT STATUS FOR CERTAIN IRAQIS.
Pub. L.Pub. L. 109-163
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