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. 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.
In an interview Friday at Quantico Marine Corps Base, where he teaches Arabic
language and culture to Marines deploying to Iraq, Ahmad's voice quavered, and
his usually precise English failed him. "I am shamed," he said. He
has put off his plans to marry a seamstress who tailors Marine uniforms. "I
don't want my family live in America; they feel ashamed I'm with a terrorist
group. I want them to be proud for what I did for the United States Marine Corps,"
said Ahmad, 38.
"After I receive this letter, it's been three weeks, since then my whole
life turns upside down. You might hear from the lawyer, they're not going to
revoke your [visa], but how can you guarantee this? . . . I'm expecting, they
stop the process of green card, tomorrow they're going to tell you to get out."
A nearly identical denial was sent the same day to another Iraqi Kurdish translator
living in this country, according to Thomas Ragland, a lawyer with Maggio and
Kattar, the Washington law firm representing both men in court challenges to
the denials. The second translator, who worked with U.S. intelligence and Special
Forces in Iraq starting several years before the U.S. invasion, declined to
discuss his case out of fear for his family in Iraq.
Petraeus, now the top U.S. commander in Iraq, said in an e-mail that he did
not recall Ahmad personally but that KDP forces had performed valuable security
services for the 101st Airborne Division he led in the northern city of Mosul
in 2003. He said he was aware of no similar denials based on ties with either
of the main Kurdish political parties.
Many of the thousands of Iraqis who have served as linguists for U.S. forces
have been threatened in Iraq. Ahmad left the country after he was branded a
"collaborator" from mosque pulpits in Anbar province and posters calling
for his death began appearing there.
Under congressional pressure to allow such translators into the United States,
the Bush administration in 2006 authorized 50 visas for them annually. That
number was increased to 500 in fiscal 2008, and the quota will revert to 50
a year in fiscal 2009. In announcing the program, U.S. Citizenship and Immigration
Services (USCIS) emphasized that it allows translators "to gain admission
to the United States, apply for permanent residency and eventually acquire U.S.
citizenship."
According to Petraeus's command, 648 of the 5,300 Iraqi translators now working
for U.S. forces in Iraq had special-visa applications pending as of December.
Petraeus has assigned legal officers to facilitate their petitions, helping
gather the documents, signatures and military affidavits required, and said
he has signed many letters urging individual approvals. The program's Special
Immigrant Visa allows only entry into the United States, however, and immigrants
are advised to petition for permanent residence upon arrival.
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.
USCIS spokesman Peter Vietti said regulations prevent him from commenting on
any specific case, adding that denials can be appealed only in court. After
inquires about Ahmad from The Washington Post, he said, "I can tell you
the matter is being looked into."
The second youngest of five children, Ahmad was away at college when Saddam
Hussein, striking at rebellious Kurds, launched a chemical gas attack against
Ahmad's home town, Halabja, in 1988. The infamous assault, in which more than
5,000 died, was often cited by the Bush administration as part of its justification
for invading Iraq. It left Ahmad without a single living relative, as he has
recounted to Americans many times over the past six years.
After graduation from Salahadeen University in Irbil, Ahmad was conscripted
into Hussein's army, served his time and then held various jobs. He turned to
smuggling and spent a period in jail, then fled to Turkey. He worked as a hotel
dishwasher in Istanbul. When he decided to return home in December 2001, he
turned himself in to Turkish police as an illegal immigrant and was deported.
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."