The Knucklehead of the Day award

Today’s winner is CIS or Citizenship and Immigration Services. They get the award for the following.

During his nearly four years as a translator for U.S. forces in Iraq, Saman Kareem Ahmad was known for his bravery and hard work. “Sam put his life on the line with, and for, Coalition Forces on a daily basis,” wrote Marine Capt. Trent A. Gibson.

Gibson’s letter was part of a thick file of support — including commendations from the secretary of the Navy and from then-Maj. Gen. David H. Petraeus — that helped Ahmad migrate to the United States in 2006, among an initial group of 50 Iraqi and Afghan translators admitted under a special visa program.

Last month, however, the U.S. government turned down Ahmad’s application for permanent residence, known as a green card.

Before we get to why Ahmad was turned down, read a little bit of his background.

Retired Marine Capt. Jason P. Schauble, who returned from Iraq in 2004 after being wounded, is Ahmad’s official sponsor. In a letter he appended last week to Ahmad’s immigration file, Schauble condemned whatever “faceless bureaucracy” rejected the application. “I don’t know what a foreigner has to do that is greater than what Saman Ahmad has done in service to his American allies,” Schauble wrote.

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At the time, KDP forces were fighting both Hussein and a rival Kurdish party. Ahmad joined the KDP militia. “I don’t have any resources, I don’t own a penny. I want to eat,” he recalled. In his area of Kurdistan at the time, “even you cannot clean up street if you do not become part of that group.”

By early 2003, U.S. Special Forces in the region were working to unify the Kurds as allies in the invasion of Iraq. Ahmad, the only English-speaker in his KDP unit, became a translator and liaison. After Petraeus’s arrival in Mosul, Ahmad’s offer to work full time for the Americans was turned down on grounds it would anger his KDP commander, he said.

He deserted the KDP military and decided to try his luck at U.S. headquarters in Baghdad, taking with him the commendation for his “outstanding service and dedication to the 101st” signed by Petraeus on Sept. 11, 2003.

In Baghdad, Ahmad became a Marine translator and was sent to Anbar. In an affidavit, Gibson — now a major — said Ahmad was the first translator in Iraq to wear a Marine uniform, body armor and helmet, and “the first one to be entrusted with a weapon.” Ahmad accompanied Gibson’s Kilo Company on more than 200 patrols over seven months in violent areas of western Iraq. “I simply could not have accomplished my mission without Sam’s tireless and unconditional efforts,” Gibson wrote.

But threats against Ahmad’s life by anti-coalition forces led the Marines to decide to get him out of Iraq. Schauble shepherded his visa application and met him at John F. Kennedy International Airport on arrival.

A USCIS “Fact Sheet” on special translator visas notes that applicants must be “otherwise admissible to the United States for permanent residence,” so Ahmad and Schauble foresaw little problem in his obtaining a green card. To buttress his case, Ahmad successfully applied for political asylum once he reached the United States.

In 2006, he began applying for permanent residence — submitting the same documents that had won him a visa and asylum — and finished the process last August.

In the meantime, he continued working for the Marines at the Quantico-based Center for Advanced Operational Culture Learning, established in 2005 when the corps realized that its lack of knowledge and understanding of Iraq was undermining its mission.

Ahmad spends much of his time being flown by Marines to training bases around the country to provide rudimentary Arabic and cultural pointers. The maximum language training is 40 hours, which he said is too little. “But at least you can teach him to say a tactical word, how to survive,” how not to shoot “a guy who didn’t stop” at a checkpoint. Those on their second or third tours have more complicated queries, he said. “They say: okay, we’re going to go there and it’s Ramadan time, what is ‘no’? What is ‘do this — don’t do this’? What do I tell my Marines?”

According to Human Rights First, a nonprofit that handles similar immigration cases, groups such as the KDP do not appear on U.S. government lists of designated terrorists. Instead, determinations of “undesignated terrorist organizations” are made, case by case, by the USCIS, part of the Department of Homeland Security.

Using definitions in the Immigration and Nationality Act, the USA Patriot Act and other legislation adopted after the Sept. 11, 2001, attacks, it is up to USCIS officials to research an applicant’s background and make a decision. According to Ahmad’s denial letter, the information in his case was obtained from the Web site of the Memorial Institute for the Prevention of Terrorism, a DHS-funded nonprofit group.

The legislation contains waiver provisions — by the secretary of state for foreign petitioners, and the secretary of homeland security for those who, like Ahmad, are already in this country. But there is no path for a denied individual to apply for a waiver.

In a velvet box in his desk drawer at Quantico, Ahmad keeps two medals he received for his service in Iraq — the Navy-Marine Corps Achievement Medal and the War on Terrorism Expeditionary Medal. Above his computer, he has a snapshot of President Bush. He was a guest at the White House last year when Bush presented a posthumous Medal of Honor to a Marine for actions in an Anbar mission in which Ahmad participated.

Ahmad remains in this country under his special visa and asylum status, but neither one has the permanence of a green card. Under U.S. law, those granted asylum can be sent back to their country if the secretary of state determines that it is at peace and that the danger to the person has subsided.

Ahmad said he would like to return to Iraq, but only “as a Marine.” He has no family there, he said, but “I have the greatest, biggest family in America. I have the USMC.”

Ahmad served this country in the war zone, and is still dedicated to helping Marines before they go serve in Iraq. He would appear to be a model person to get a green card. Now I suggest you don’t have anything in your mouth when you read why Ahmad was turned down.

His offense: Ahmad had once been part of the Kurdish Democratic Party, which U.S. immigration officials deemed an “undesignated terrorist organization” for having sought to overthrow former Iraqi leader Saddam Hussein.

Ahmad, a Kurd, once served in the KDP’s military force, which is part of the new Iraqi army. A U.S. ally, the KDP is now part of the elected government of the Kurdish region and holds seats in the Iraqi parliament. After consulting public Web sites, however, the U.S. Citizenship and Immigration Services determined that KDP forces “conducted full-scale armed attacks and helped incite rebellions against Hussein’s regime, most notably during the Iran-Iraq war, Operation Desert Storm and Operation Iraqi Freedom.”

Ahmad’s association with a group that had attempted to overthrow a government — even as an ally in U.S.-led wars against Hussein — rendered him “inadmissible,” the agency concluded in a three-page letter dated Feb. 26.

This is incredible. Ahmad gets punished for supporting our country. He would have been better off serving in the Iraqi army trying to kill Americans.

Just one more example of the insanity of the US immigration system. I name CIS aka Citizenship and Immigration Services today’s Knucklehead of the Day.

Hat tip- Immigration Law Blog

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