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‘Real injustice’: Marine says Afghan interpreter denied visa to stay in US despite meeting requirements

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An Afghan interpreter whose family was rescued from the chaos outside Kabul airport in August 2021 may not be able to stay in the United States after being denied a visa. The Marine commander he served alongside called the reasoning behind the decision “disconcerting.”

“I am deeply disappointed and saddened for my friend who is still going through this shit,” Marine Corps Maj. Tom Schueman told Fox News. “It’s a real injustice.”

Maj. Thomas Schueman poses for a photo with his former interpreter Zainullah Zaki.

Maj. Thomas Schueman poses for a photo with his former interpreter Zainullah Zaki.
(Photo courtesy of Thomas Schueman and Zainullah Zaki)

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Schueman co-authored the book “Always Faithful” with his former interpreter Zainullah Zaki, known as “Zak” by the Marines he served with. It recounted how the couple formed a lifelong bond in the midst of the deadliest Marine deployment of the war in Afghanistan and how Schueman worked around the clock to make sure Zak and his family made it out of Kabul as the Taliban closed in.

But earlier this month, Schueman learned that Zak’s Special Immigrant Visa (SIV) had been denied. The denial letter lists insufficient duration of employment as the reason.

Interpreters must have served 12 months for the US government or the International Security Assistance Force to qualify for the visa. Zak served for about 31 months, according to letters from supervisors sent with his visa application and shared with Fox News.

“It really doesn’t make any sense for them to say there isn’t enough time,” Schueman said. “It’s bewildering, bewildering.”

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Zak joined the men of 3rd Battalion, 5th Marines as an interpreter in 2010. In addition to being a gifted linguist, Schueman said the young man quickly went above and beyond, putting his own life at risk for the forces Americans on multiple occasions.

He took a rifle and was in charge of security when Marines were wounded and ran through a minefield when he knew the Taliban were about to ambush him, Schueman said.

“He was there when I got hurt to help me up,” he said. “He quickly went from being someone he just translated for us to becoming a member of the platoon.”

Schueman helped his interpreter start the SIV process six years ago after the Taliban began threatening Zak, including allegedly poisoning his food at a restaurant.

“He loves Afghanistan,” Schueman said. “He never wanted to leave until he became so insufferable, until the persecution became so relentless that he had no choice.”

Zak and his family pose for a photo after entering Hamid Karzai International Airport during the August 2021 evacuation.

Zak and his family pose for a photo after entering Hamid Karzai International Airport during the August 2021 evacuation.
(Photo courtesy of Thomas Schueman and)

But like so many others, Zak got caught up in a bureaucratic nightmare. Despite Schueman’s pleas to Congress and Secretary of State Antony Blinken’s promise to prioritize his case, Zak’s visa was still in limbo when the Taliban seized Kabul in 2021.

After a harrowing escape from the capital city, Zak, his wife, and their four young children settled in San Antonio, Texas.

“He loves San Antonio,” Schueman said, adding that Zak has taken in well and is proud to talk about the parks, restaurants and community he has found in his new home.

Zak typically works seven days a week hanging drywall at a cancer hospital, a physically demanding job that only pays minimum wage, Schueman said. But work supports Zak’s family, who has grown up with another son.

“Their children think they are growing up as Americans,” Schueman said. “That their father made sacrifices, that they have earned the right to be here.”

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Schueman said he and Zak are still weighing their next options. The visa denial letter said there is no further appeal of the decision, but that Zak can file a new application if he feels there was a mistake. After six years of working his way through the visa process, Schueman said the prospect is not attractive.

“That’s the big problem with this process, is that there is no human being in the loop,” he said. “There is a human being somewhere, but you never get to interact with that person. You connect with a sterile email that rejects you and does not offer you the opportunity to ask questions, to discuss.”

A State Department spokesperson declined to comment on Zak’s case citing confidentiality and did not offer further insight into why an applicant might receive such a denial.

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Schueman said they can apply for asylum if that’s Zak’s only option.

“It is very clear that if he goes back to Afghanistan, he will be killed,” he said. “So that’s not acceptable.”

To find out more about the SIV challenges, click here.

Ramiro Vargas contributed to the attached video.

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