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Asylum, Business Visas, Q&A, Work Visas

Q&A Post on Avvo.com – the Iraqi SIV – Special Immigrant Visa for family members


PUBLIC’S QUESTION: Can I bring my kids and ex wife to US?

Asked about 7 hours ago – Orlando, FL
Practice area: Immigration – Edit

Hi.
I am an Iraqi who was admitted to the US on special immigrant visa (SIV) with my current wife and kids.
My ex-wife and children are still in Iraq.
Is there a way for me to bring them to the US?
Thank you.

ANSWER:

Hello,There are a few ways to obtain an SIV (Special Immigrant Visa) as an Iraqi. There are SIVs for Iraqi and Afgan translators or interpreters, and there are SIVs for Iraqis who worked for or on behalf of the U.S. Government. The rules may vary depending on which basis you filed under when you were granted your SIV.Notwithstanding, according the the U.S. Department of State Bureau of Consular Affairs, regardless of your SIV basis, 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. Thus, at first blush, it appears that any of your children still in Iraq, if they are under 21and unmarried, may still be granted SIVs. The determination of your ex-wife’s capability to acquire an SIV may require separate consultation with an attorney.Although you are likely quite familiar with the process, please recall that to obtain an SIV, generally one should 1) obtain Chief of Mission or General’s Recommendation; 2) file a petition with the USCIS (e.g. Form I-360); and 3) submit forms and documents to the National Visa Center (e.g. fill out the SIV Biodata form for each family member).You may benefit from the advice of an attorney regarding any underlying issues with a subsequent SIV petition for your family members or visa options for your ex-wife. Most immigration attorneys will provide a consultation free or for a limited fee to discuss your case in more detail.

Best of luck.

Regards,
Miami International Attorneys, P.L.
www.miamivisahelp.com
P.O. Box 191057
Miami Beach, FL 33119
Tel: 786-566-1969

For more answers to your questions, contact MIA at abernhard@miamivisahelp.com or Miami International Attorneys at www.miamivisahelp.com.

Miami International Attorneys, P.L.

About Andrew Bernhard

Miami International Attorney

Discussion

3 thoughts on “Q&A Post on Avvo.com – the Iraqi SIV – Special Immigrant Visa for family members

  1. Dear Sir / Madam

    The auto reply for the US Embassy related to SIV Petitions at it’s initial submittance states that the SIV Chief Of Mission Approval/Recommendation will require 3 months while our Humble case is still pending awaiting approval for almsot 6 months .

    Now ,
    Our Humble Query is this , How can enquire about the outcome for such approval despite several queries had been sent over to their email address : IraqSIVApplication@state.gov and off course we got no reply as yet .

    Regards

    Posted by Jamal Alani | August 8, 2012, 1:16 am
  2. PLEASE DELETE REMARKS ABOVE SUBMITTED BY SELF .
    –QUOTE–
    Dear Sir / Madam

    The auto reply for the US Embassy related to SIV Petitions at it’s initial submittance states that the SIV Chief Of Mission Approval/Recommendation will require 3 months while our Humble case is still pending awaiting approval for almsot 6 months .

    Now ,
    Our Humble Query is this , How can enquire about the outcome for such approval despite several queries had been sent over to their email address : IraqSIVApplication@state.gov and off course we got no reply as yet .

    Regards

    Posted by Jamal Alani | August 8, 2012, 1:16 am
    –UNQUOTE–

    Posted by Jamal Alani | January 22, 2013, 12:44 am

Trackbacks/Pingbacks

  1. Pingback: Andrew John Bernhard, Esq. answers questions on Iraqi Special Immigrant Visa | The Mitochondrial Migrator - February 12, 2012

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Andrew John Bernhard, Esq.

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Welcome to MiamiVisaHelp.com’s law blog … discussing everything visa from the perspective of those that have a need, desire, or tendency to move from country to country for the purpose of work, survival, education, living, play, and everything in between. Please feel free to send Andrew John Bernhard, Esq. a message! We are always trying to enhance your experience, and help all of us movers, migrators, immigrants, ex-pats and travelers have an easier, happier, and more satisfying experience in the often confusing world of U.S. Immigration. Please feel free to visit our friends at USImmigrationMiami.wordpress.com and TheMitochondrialMigrator.wordpress.com to see more from similar minded people like yourself! Most of all…ENJOY! - Andrew John Bernhard, Esq.

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