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ILT MAGAZINE
Country Focus: Iran, Islamic Republic of Every country and Nationality
has its own special immigration processing quirks that we get accustomed to (or catch) through experience. One of the most distinctive countries immigration lawyers have to deal with is Iran.
ILT MAGAZINE
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ISSUE NO.
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Since the Iranian Revolution of 1979, diplomatic relations between the U.S. and Iran have been cut off. This creates a significant headache for Consular Processing. The lack of a US Embassy in Iran means that Immigrant Visa applicants from that country have to travel to Yerevan, Armenia, Ankara, Turkey, or Abu Dhabi, U.A.E. for processing. These neighboring countries: (1) have limited Farsi speaking Consular Officers, causing increased delays for Iranian IV Applicant Appointments and (2) have their own security and political issues that can stop Iranians from coming or lead to Embassy shutdowns. Add to this the myriad of Travel Bans imposed on Iranians. The removal of the “Muslim Ban” does not relieve those who have visited Iran in the last 2 weeks from the Covid-19 Ban. Moreover, even before former President Trump, Iranian applicants would frequently have to undergo Administrative Processing, which could take years to complete in many cases. Filing a Federal lawsuit for the
delays is not uncommon.
I say all this to save you a lot of headaches: in an initial consultation with an Iranian Applicant, set clear expectations about the timelines (meaning there are no timelines). They should also expect random new laws and political machinations causing delays and denials.
In January 2020, the previous administration suddenly denied Immigrant Visa Applicants who were conscripted to serve in the Islamic Revolutionary Guard Corps (IRGC or Sepah). These cases were approved without issue up to that point. Soon after this began, Embassies started to shut down due to the pandemic, so we don’t have updates on whether this situation continues. Delays are not just at the Embassy. From my own anecdotal experience, I frequently see a few additional months of Naturalization processing time for Iranian N-400 applications.
Finally, Iran is under one of the strictest embargoes in history. As part of that, no direct banking relationship exists between the two countries, and some transactions coming from Iran can be sanctions violations, policed under the Office of Foreign Asset Control (OFAC). Practitioners should consult with OFAC Counsel, or recommend clients do that before obtaining U.S. Status. Some transactions to the U. S. are permitted for Non-U.S. Persons. So financial transfers before getting status may be appropriate. Civil Documents
• Birth Certificates: The Iranian Birth Certificate is called a “Shenasnameh” and is a booklet that can include the names of Children and Spouses. If lost, a replacement version called “Al Mosanna” can be obtained. • Marriage Certificates: Called an “Aghd Nameh,” it is a dozen page agreement between a couple. Uploading this document with translation to the National Visa Center’s CEAC portal can be difficult to their file size limitation. • Police Certificates: not required from Iran.
