Military - I Was SAP/SADF During Apartheid, Am I Automatically Banned?
No, you are not automatically banned just because you served in the SADF or SAP during apartheid.
U.S. immigration law does not have a general ban against veterans of South Africa's apartheid-era military or police forces. The law only bans people who "ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion." This is called the persecutor bar and it applies to both asylum seekers and refugees.
Each case is looked at individually. U.S. immigration officers check what you personally did during your service. They will not assume anything just because you wore a uniform.
Here are the key rules to understand:
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Not everyone who served is banned. Simply serving in the SADF or SAP during apartheid does not automatically make you ineligible.
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The law focuses on your actions. The only thing that matters is whether you personally participated in or assisted with persecutory acts. If you testifies credibly that you did not, then you are not subject to the bar.
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The bar is mandatory. If U.S. Citizenship and Immigration Services (USCIS) officers determine you are subject to the persecutor bar, they must deny your application. There is no waiver available for refugees.
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The bar applies to the whole family. If the principal applicant is subject to the bar, their spouse and children are also denied status.
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Routine roles are usually fine. Holding a normal support role (like a clerk, medic, driver, or cook) is generally not considered persecution.
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The analysis is fact-based. USCIS officers use a detailed analytical framework to determine if the bar applies, which includes analyzing the harm inflicted on others, the applicant's level of involvement, and their knowledge that persecution was occurring.
Many former SADF and SAP members have been successfully approved for a U.S. green card or visa. The most important thing is to be completely honest about your service. The USCIS officer will ask about your duties and you must answer truthfully. Hiding or lying about your past is a form of fraud that will almost certainly lead to your application being denied.
With Love
Accidental Refugee
Source:
USCIS Policy Manual – Chapter 3: Admissibility and Waiver Requirements.