Menu
New Classes of Admission for Surviving Spouses and Children of Afghan and Iraqi Special Immigrants
Some Iraqis and Afghans who enter the United States do so as refugees, but others do not. Instead, they are admitted to the country based on service to the United States Armed Forces, typically as a translator or an interpreter. These individuals may be admitted to the U.S. on Special Immigrant (SQ-1) status.
The service that Iraqi and Afghan interpreters and translators provide to the United States can place them and their families in danger in their home countries. Many choose to immigrate to the United States.
On April 19, 2024, USCIS announced that there would be three new classes of admission (COAs) for surviving spouses and children of deceased Iraqis and Afghans who worked for the U.S. government, or on behalf of the government, before their deaths.
What Are the New Classes of Admission for Surviving Spouses and Children?
The new classes of admission are:
SW1
The SW1 class of admission applies to the surviving spouse or child of an SQ1-eligible person. SQ1 is a special immigrant status that applies to Iraqi nationals who worked for or on behalf of the United States government in Iraq on or after March 20, 2003. SQ1 status is also authorized by the Afghan Allies Protection Act of 2009 for Afghan nationals who worked by or on behalf of the U.S. government.
SW2
The SW2 class of admission applies to the current spouse of a person with the SW1 class of admission.
SW3
The SW3 class of admission applies to an unmarried child of a person with the SW1 class of admission.
What Do the New Classes of Admission Mean?
People with SW1, SW2, or SW3 classes of admission are lawful permanent residents of the United States (LPRs, also known as green card holders). As lawful permanent residents, they have employment authorization.
Special immigrant lawful permanent residents with SW1,SW2, or SW3 classes of admission may also be eligible for public benefits under Section 1244(g) of the Refugee Crisis in Iraq Act of 2007 or Section 602(b)(8) of the Afghan Allies Protection Act of 2009.
People who fall into the above categories and who wish to apply for benefits may present the following documents with their SW1, SW2, or SW3 class of admission included:
- Form I-551, Permanent Resident Card (Green Card)
- Form I-94, Arrival/Departure Record with a temporary I-551 Permanent Resident Stamp
- Foreign passport with a temporary I-551 Permanent Resident Stamp
- Foreign passport with a temporary I-551 machine-readable Immigrant Visa
An individual’s membership in one of the three new classes of admission can also be confirmed by SAVE verification. SAVE is a secure online service that allows government agencies at the local, state, and federal levels to confirm the immigration status of an applicant for benefits.
SAVE is able to give an initial verification response that an immigrant is a lawful permanent resident with employment authorization for individuals with SW1, SW2, and SW3 classes of admission. In cases where the automated SAVE response is not enough for an agency to make a determination of eligibility for benefits, additional verification may be required.
As of May 2024, additional verification response time is six federal workdays. However, response time may be longer in unusually complex cases.
How Do I Know if My Family and I Qualify for the New Classes of Admission for Surviving Spouses and Children?
If you are not sure whether you are a member of one of the new classes of admission for surviving spouses and children of Afghan or Iraqi special immigrants, speak with an experienced immigration attorney.
If you are SW1, SW2, or SW3, your attorney can help you to get all of the benefits to which you may be entitled. If you do not fall within one of these classes of admission, your immigration attorney can help you to understand your status and options.
To learn more about the new classes of admission for surviving spouses and children of Afghan and Iraqi Special Immigrants, contact our law office to schedule a consultation.