What does the July 2022 change to the SIV process and removal of the I-360 petition mean for me?

Summary

As of July 20, 2022, the U.S. government changed the SIV process. Before July 20, 2022, all SIV applicants needed to fill out the I-360 form after receiving Chief of Mission (COM) approval. After July 20, 2022, all new SIV applicants and many current SIV applicants will not need to fill out the I-360 form after receiving COM approval. This guide explains what the changes mean for SIV applicants.

I am filing a new COM application after July 20, 2022–what is the SIV process?

Applicants filing new SIV applications after July 20, 2022 will go through two general steps:

Step one: 

Apply for and Receive COM Approval. See IRAP’s guide here on SIV eligibility

Step two: 

For Applicants outside of the United States, apply for a visa and complete a visa interview. See IRAP’s guide here on the DS-260 Visa Application and see IRAP’s guide here on visa interviews for Afghan SIV applicants. 

For applicants inside of the United States, apply to adjust status and complete an interview. See IRAP’s guide here on the I-485 Application to Adjust Status.

I received COM approval after July 20, 2022 and I am outside of the United States. Do I need to submit an I-360 petition?

If you:

• Received COM approval after July 20, 2022; and
• Included any (signed or unsigned) form DS-157 with your COM application; and
• Are outside of the United States 

then you do not need to file an I-360 after receiving COM approval. The National Visa Center should email you within 14 days after your COM approval with a “Welcome Letter” and information about filing a visa application, Form DS-260. Please see IRAP’s guide on filing a DS-260 here.

If you are outside of the United States and did not include a required form DS-157 with your COM application, then you still need to file an I-360 petition with USCIS. Please see IRAP’s guide on filing an I-360 here.

I received COM approval after July 20, 2022 and I am inside of the United States. Do I need to submit an I-360 petition?

If you:

• Received COM approval after July 20, 2022; and
• Included a signed form DS-157 with your COM application; and
• Are inside of the United States; 

then you do not need to file an I-360 after receiving COM approval. You can file an I-485 application to adjust status. See IRAP’s guide on filing an I-485 Application to Adjust Status here.

If you: 

• Received COM approval after July 20, 2022; and
• Included a unsigned form DS-157 with your COM application or no DS-157; and
• Are inside of the United States; 

then you still need to file an I-360 petition with USCIS. Please see IRAP’s guide on filing an I-360 here.

I received COM approval before July 20, 2022 and I am inside of the United States. Do I need to submit an I-360 petition?

Yes, you still need to file an I-360 petition with USCIS. Please see IRAP’s guide on filing an I-360 here.

I received COM approval before July 20, 2022 and I am outside of the United States. Do I need to submit an I-360 petition?

If you have not yet submitted an I-360 petition, then you do not have to submit one. You can email NVCSIV@state.gov with your name, NVCSIV case number, COM approval letter, and (if possible) a copy of the DS-157 you previously submitted with your COM approval application. NVC should email you with information about filing a visa application (DS-260). Please see IRAP’s guide on filing a DS-260 here.

If you have already submitted an I-360, you should wait for your I-360 adjudication. After an I-360 approval, USCIS will send your case to NVC and you should receive information about filing a visa application, Form DS-260. Please see IRAP’s guide on filing a DS-260 here.

Will the changes in the SIV process affect whether my children qualify for visas?

The spouse and children of SIV applicants are allowed to receive visas or apply to adjust status with the “principal” applicant who qualifies for an SIV. Children must be under 21 years old when an SIV petition is filed and unmarried. Before the changes in the SIV process, the U.S. government decided whether a child qualified by looking at how old they were when an I-360 petition was filed. After the change, for SIV applicants that do not have to file an I-360, the government has said it will treat the DS-157 as the petition. This means that children of these applicants must have been under 21 years old when the DS-157 was filed. The government has not explained what the change will mean for other applicants at this time. 

Asking for help

You or your relative may want to ask an immigration attorney for help with this process. Here are a few resources:

• Information about asking for help from IRAP is here.
• If you are in Jordan, you can ask for IRAP Jordan’s help using this form. If the form is closed, you can check back at a later date.
• A list of free immigration legal service providers in the United States is available here. These attorneys are not affiliated with IRAP.
• A list of private immigration attorneys in the United States is available here. Please note that private immigration attorneys may charge a fee for their services. These attorneys are not affiliated with IRAP.