Public Law 110-161 and Public Law 110-181, grant certain Iraqi and Afghani immigrants special immigrant status under section 101(a)(27) of the Immigration and Nationality Act (INA) effective December 26, 2007. Under the special immigrant status, the immigrant is eligible for refugee resettlement assistance, entitlement programs, and other benefits as refugees. Prior to December 19, 2009, eligibility for Iraqi and Afghan Special Immigrants could not exceed eight months.
The Defense Appropriations Act of FY 2010 (Section 8120, P.L. 111-118), provides that, effective December 19, 2009, Iraqi and Afghan Special Immigrants are eligible to the same extent and for the same time period as refugees (see 1105.010.10.15 Refugees, Amerasians, Asylees, Cuban/Haitian Entrants, and Deportees).
The effective date of eligibility for both Iraqi and Afghani Special Immigrants can be no earlier than December 26, 2007, and begins the date the special immigrant status is granted. Iraqi and Afghani Special Immigrants will either enter the U.S. as Lawful Permanent Residents (LPR) or will adjust to special immigrant status after entering the U.S. under another immigration status, such as an asylee or parolee. Once granted special immigrant status, the Iraqi and Afghani Special Immigrants do not have to meet other immigrant qualifications such as residing in the U.S. for five years, during their period of special immigrant status.
Iraqi and Afghani immigrants and family members must provide verification that they have been admitted under section 101(a)(27) of the INA. For reference, the Documentation for Special Immigrants chart is available on the FSD Intranet, Income Maintenance FAMIS Charts.
Client statement is not an acceptable verification code. Record a comment regarding when the verification was received and any other information not contained on the Non-Citizen Information (FMML) screen.
Enter REF (Refugee) in the status code field and the date of the immigrant was granted special immigrant status on the Non-Citizen Information (FMML) screen. Enter the appropriate verification code and record comments.