This is a guide on matters related to the Chief of Mission (COM) and petition for the SIV Program, which is developed in Frequently Asked Questions (FAQ) format. In this guide, we address common queries and concerns about matters related to the Chief of Mission (COM), aiming to provide clarity and guidance to individuals navigating the complexities of the process. This information is based on the understanding of the "Beporsed" team from various sources and is not legal advice. This guide is updated on 5th February 2024. For legal guidance and advice, we recommend consulting official sources. The Chief of Mission (COM) is an independent committee in the U.S. States Department that holds a crucial role in the decision-making process of the Afghan Special Immigrant Visa (SIV) program. In the context of the SIV program, the COM represents the interests of the United States government abroad, overseeing the application process and making determinations regarding visa eligibility.
Join us as we navigate the essential questions surrounding the Chief of Mission (COM) related matters and petition for Afghan SIV Program, empowering individuals with knowledge and support on their journey to resettlement.
What is the Chief of Mission (COM), and what is its importance in the decision-making process of the Afghan Special Immigrant Visa (SIV) program?
The Chief of Mission (COM) is an independent committee in the U.S. States Department that holds a crucial role in the decision-making process of the Afghan Special Immigrant Visa (SIV) program. In the context of the SIV program, the COM represents the interests of the United States government abroad, overseeing the application process and making determinations regarding visa eligibility.
The COM's decision regarding SIV applications is significant as it directly impacts the fate of Afghan individuals and their families who have served alongside or provided valuable assistance to the U.S. government or military in Afghanistan. This decision involves reviewing applications, assessing evidence, and ensuring adherence to established eligibility criteria and regulations.
The COM's determination is often conveyed through formal communication, such as an approval or denial letter, which outlines the reasons behind the decision. This communication serves as a critical point of contact for SIV applicants, providing clarity on their status within the program and guiding their next steps.
Given the importance of the COM's role in the Afghan SIV program, applicants must ensure that their applications are thorough, well-documented, and accurately represent their eligibility for visa consideration.
How do I scan and collect the documents required for an SIV application?
To begin, ensure you have access to a computer and scanner, or a smartphone with internet connectivity. It's important to note that if you're using a public computer, remember to delete your scanned documents after uploading them to protect your privacy.
Here are the guidelines to follow when scanning your documents to prevent delays in processing:
- Save your scanned documents in acceptable file formats such as .pdf (preferred), .jpg, or .jpeg. All the scanned documents should be no larger than 4 MB. If a single document exceeds 2 MB, compress the file. Avoid using "zipped" files, modifiable PDFs, or password-protected files.
- Ensure your scans include both the front and back sides of documents with stamps, seals, or writing. Certified translations of foreign-language documents should be included in a single file. Make sure scans are clear, easily readable, and not cut off. Orient the documents so they can be read across the screen without rotation. Utilize the preview function in scanning programs to ensure readability. If scans are blurry or difficult to read, rescan at a higher resolution.
- Compression reduces file size, making it easier to upload or email. Most computer operating systems offer compression options under "File" or "Save," or through right-clicking on a file name. Third-party compression software is also available. Avoid submitting "zipped" files as they are not accepted by the Department of State.
How do I receive a decision on my COM application and petition for an Afghan SIV?
After the Chief of Mission (COM) designee has evaluated your COM application and DS-157 Petition for Special Immigrant Classification for Afghan SIV Applicants, they will communicate their decision to the National Visa Center (NVC). You will then be notified via email, using the address provided in your application. The email will contain one of the following outcomes:
- Approval: If your COM application and petition are approved, you will receive a Chief of Mission and Petition Approval letter via email. This letter will include detailed instructions on how to proceed with your special immigrant processing.
- Denial: In the event of a denial, you will receive a Chief of Mission Denial letter via email. This letter will provide an explanation for the basis of the denial. You have the option to file one written appeal of a Chief of Mission denial per denial or revocation of COM approval. This appeal must be submitted within 120 days of receiving the denial letter via email.
However, the Secretary of State retains discretion to accept written appeals beyond this 120-day window. Your appeal should request the reopening of your denied COM application and must include additional pertinent information, clarification of existing information, or explanations regarding any unfavorable information contained in the denial letter.
What if I received Chief of Mission approval dated July 20, 2022, or later?
If you received Chief of Mission (COM) approval for your Special Immigrant Visa (SIV) application on or after July 20, 2022, the National Visa Center (NVC) will notify you via email with an approval letter and detailed instructions on how to proceed with the SIV application process.
Upon receiving the approval notification, NVC will provide you with your Kabul (KBL) case number and invoice number. You will then be required to complete the DS-260 Electronic Visa Application Form using the provided case number and invoice number.
After filling out the DS-260 form, you will need to submit your civil documents as per the instructions provided by NVC. These documents typically include birth certificates, passports, marriage certificates, Refugee benefit election, and DS-234 forms.
Once all necessary documents have been submitted and processed, NVC will schedule an interview for you at the U.S. Embassy or Consulate.
I submitted my application for the SIV program, when will I get COM approval?
The timeline for receiving Chief of Mission (COM) approval for your Special Immigrant Visa (SIV) application varies for each individual case. While some applicants may receive COM approval in as little as six months, others may experience delays of up to two years or more. There is no definitive time frame for COM approval, as processing times depend on various factors, including the complexity of your case and the current workload of processing agencies.
However, based on certain announcements, it is anticipated that the COM should make a decision within nine months in some cases. It's essential to keep your HR office and supervisor informed about your application, as they may be contacted to confirm the information provided in your recommendation letter.
Patience is key, as each case undergoes a unique processing journey. Avoid comparing your case with others, as processing times can vary widely. If you require assistance with your COM approval, consider reaching out to organizations like the International Refugee Assistance Project (IRAP) for guidance and support with your case.
What should I do if my SIV case is referred to COM, but there's an issue with my letter of recommendation?
If your SIV (Special Immigrant Visa) case is referred to the Chief of Mission (COM) for review but encounters a stumbling block due to a problematic letter of recommendation and unresponsive supervisor, patience is key. Await the COM's decision. However, if you're able to secure a letter of recommendation that aligns with SIV guidelines, it's advisable to promptly submit it to the COM for consideration in support of your application.
Understandably, there's a likelihood of denial if the initial recommendation letter isn't in compliance. Should you opt to submit a new recommendation letter, consider sending it directly to the National Visa Center (NVC). Contact the NVC via phone, outlining all pertinent issues, and request they replace the old recommendation letter with the new one. It's prudent to emphasize the urgency and importance of this matter, urging them to prioritize the updated letter in the review process.
Until a decision is made, uncertainty looms over the outcome. Navigating SIV processes can be intricate; hence, maintaining open communication with relevant authorities and adhering to guidelines is crucial for a smoother progression of your case.
Why have I not received responses about my SIV application under review by COM for the past 24 months?
The lack of responses regarding your SIV (Special Immigrant Visa) application under COM (Chief of Mission) review for an extended period can be concerning. However, it's essential to understand the context of the situation. Currently, there are over 60,000 applications pending at the National Visa Center (NVC) awaiting COM decisions. It's highly probable that your application is among this backlog.
While waiting for a COM decision, there's little actionable recourse on your end apart from ensuring that your documents remain reliable and complete with the NVC. The timeline for COM decisions can vary, with some cases taking up to 24 months or even more. The duration often hinges on the complexity of the case and the caseworker's assessment of document reliability and case priority.
Should you have the means to provide all documents that align with SIV guidelines, it's advisable to submit them to COM to support your application. However, it's essential to acknowledge that even with additional documentation, there's a possibility of denial by COM.
If you're uncertain about the completeness of your documents, reaching out to the NVC via email or phone for clarification can provide reassurance. Patience and diligent monitoring of your application status is key during this waiting period, as the COM decision process unfolds at its own pace amidst the considerable volume of pending cases.
There were some mistakes in DS-157 in my SIV application, how can I correct them?
If errors were made in your DS-157 form during your Special Immigrant Visa (SIV) application process, you have the opportunity to correct them when you fill out the DS-260 form. The DS-260 is typically completed after receiving Chief of Mission (COM) approval. When completing the DS-260, ensure that all information provided is accurate and reflects the correct details, including your name, date of birth, and supervisor information.
To make corrections to the DS-260 form, log into the Consular Electronic Application Center (CEAC) website using your case number and invoice ID. Navigate to the DS-260 form associated with your case, and carefully review each section to identify and amend any inaccuracies or errors. Enter the corrected information as necessary, ensuring consistency and accuracy throughout the form.
During your interview at the US Embassy or Consulate, it's essential to explain any amendments or corrections made to the DS-260 form to the consular officer. Be prepared to provide clarification or additional documentation, if requested, to support the accuracy of the updated information.
I entered the U.S. by walking across the Mexico border, and now my SIV case is under review by COM. Can I expedite it, or should I apply for asylum?
No, it is not possible to expedite your SIV case, even if you are already in the U.S. When you enter the U.S. illegally, your immigration case becomes more complex and challenging. While you may consider applying for asylum, it's important to understand that the asylum process can be lengthy, and many asylum applicants wait for years to receive a decision.
Seeking asylum requires providing substantial evidence and documentation to support your claim of persecution or fear of persecution in your home country. It's crucial to consult with a licensed immigration lawyer who can provide accurate guidance on your specific situation and advise you on the best course of action.
I still have not received my COM Approval. Why?
There could be various reasons why you have not yet received your COM (Chief of Mission) Approval for your SIV (Special Immigrant Visa) application. Here are some potential explanations:
- There is no set timeframe for issuing COM approvals, as the National Visa Center (NVC) communicates directly with applicants.
- COM may prioritize certain applications over others based on various factors such as urgency or eligibility.
- There may be other pending applications that COM is focusing on, diverting attention from yours temporarily.
- The COM office may be under pressure due to a high volume of applications, causing delays in processing.
- COM may still be deliberating on your application and has not yet reached a decision.
- There could be discrepancies or doubts regarding the information provided in your HR letter and recommendation letters, leading to further investigation.
- Your documents may be complete and your application valid, but so far, COM has not been able to distinguish it from tens of thousands of other fake applications.
- It is possible that the human resources department and the supervisor or one of them are suspicious of NVC and COM, and this has made it difficult for the officials to make a decision.
- Your supervisor may not have provided sufficient or accurate information in response to follow-up questions from the SIV program verification process.
- There may be concerns about the authenticity or reliability of your HR and recommendation letters, especially if there are suspicions of tampering or editing.
- Your documents may be undergoing technological scrutiny or verification processes, causing delays.
- COM may have postponed decisions on certain applications for various reasons, including a limited number of Special Immigrant Visas.
- Even if COM has approved your application, it may still be pending with your caseworker for further processing.
What is the time limit for the Chief of Mission (COM) to review an Appeal?
The timeline for handling denial letters and appeals at the COM is different and largely depends on factors such as providing the required information and documents that can potentially lead to the cancellation of the denial letter.
The speed of the review process is primarily influenced by the efficiency of resubmitting the necessary documents and meeting the criteria specified in the Special Immigrant Visa (SIV) program in the Department of State (DoS). Rejection letter for reconsideration. While there may be fluctuations in processing time due to various factors, such as case volume, validity of new documents, validity of application, and administrative process.
However, the applicant should be patient for the review and decision of the COM again, because they do not consider your situation and living conditions, and by carefully examining your application, they show that they are more committed to the values and interests of America.
What is the minimum age to be a primary applicant for an SIV?
There is no specific minimum age requirement to be a primary applicant for an SIV (Special Immigrant Visa). However, applicants who are under 18 years old may face additional scrutiny, and derivative family members will not be included for SIV applicants under 18. Despite age considerations, all applicants, regardless of age, must meet the eligibility criteria and fulfill the requirements of the SIV program.
It's essential to note that individuals who were working prior to reaching 18 years of age may still qualify as primary applicants for an SIV. In such cases, the employer is still required to verify the applicant's employment as part of the application process.
While age itself may not be a determining factor for SIV eligibility, applicants should ensure that they meet all other program requirements and provide accurate documentation to support their applications.
What is the reason behind my SIV case being returned to the COM for review after my interview?
There are several reasons why a SIV (Special Immigrant Visa) case might be returned to the COM (Chief of Mission) for review after the interview. Here are some common scenarios:
- If there are inconsistencies between the information provided in the HR (Human Resources) letter and the statements made during the interview, such as discrepancies in job titles or duties, it raises suspicion of fraud and document falsification.
- If the applicant's job history or qualifications do not align with the requirements for the SIV program, such as not having worked for a US government contractor or not meeting the minimum employment duration criteria, the case may be flagged for further review.
- In cases where the age of family members does not match the information provided in the documents or appears inconsistent during the interview, it can lead to concerns about document authenticity and eligibility.
- If there are delays or lack of cooperation from the applicant's supervisor in providing necessary documentation or responding to verification inquiries, it may result in the case being returned for additional review.
- Cases associated with companies or individuals deemed ineligible for the SIV program, such as those with indirect contracts or insufficient employment history, may be subject to further scrutiny and potential rejection.
- The interviewing officer has determined that the documents submitted to the application are falsified and that the applicant has not worked in support of the US mission, and this will result in the case being sent back for further review.
- Serious medical conditions or mental health issues that pose a risk to the applicant or others may result in visa denial or require additional medical evaluation before proceeding with the application.
- Any involvement in fraudulent activities, such as money laundering, polygamy, or encouraging illegal entry into the United States, can lead to visa rejection and potential legal consequences.
It's essential for applicants to ensure that all information provided is accurate, consistent, and verifiable to avoid complications during the application process. Additionally, being forthcoming and cooperative during interviews and verification processes can help expedite the approval process and avoid potential issues.
What do I do if the National Visa Center or Chief of Mission requests that a U.S. citizen write my recommendation letter?
It's important to note that as of Fall 2021, the U.S. State Department no longer requires that a recommendation letter be written or co-signed by a U.S. citizen for Special Immigrant Visa (SIV) applications. The Foreign Affairs Manual states that while it is "helpful" if a U.S. citizen co-signs a letter from a non-U.S. citizen supervisor, it is not a requirement.
If the National Visa Center (NVC) requests a recommendation letter from a U.S. citizen supervisor, you can inform them that this requirement has been updated and is no longer mandatory.
Furthermore, as of January 2023, although the State Department may still ask for evidence of U.S. citizenship from supervisors providing recommendation letters, they have confirmed that they will not reject letters based on the supervisor's nationality. If a non-U.S. citizen supervisor is asked for evidence of U.S. citizenship, they can simply explain their nationality to the State Department and affirm their understanding that a U.S. citizen endorsement is no longer obligatory.
Should your application face delays or denials based on this outdated requirement, you can seek assistance through the International Refugee Assistance Project (IRAP)'s COM denial assistance form.
I have applied for SIV, but now I have been given missing documents and asked to correct them.
If the National Visa Center (NVC) determines that you did not submit the correct documents or additional information is needed for your Special Immigrant Visa (SIV) application, you will receive a notification via email. This notification will outline the specific documents or information that require correction or supplementation.
Upon receiving this email, it's crucial to carefully review the instructions provided. Follow the outlined steps to either provide the requested additional information or correct any errors in your documents. Ensure that all necessary changes are made accurately and completely.
Once you have made the required corrections or provided the requested information, reply to the email from NVC with the updated documents attached or send the email to AfghanSIVApplication@state.gov. It's essential to refrain from altering the subject line of the email to ensure proper processing of your submission.
What does the term "Under Review" mean when the Special Immigrant Visa (SIV) case is with the Chief of Mission (COM)?
When the status of a Special Immigrant Visa (SIV) case is marked as "Under Review" with the Chief of Mission (COM), it indicates that the application is currently being evaluated by the COM or their designated representatives. The term "Under Review" is not officially used by State Department but is mostly used by the public. During this stage, the COM carefully assesses the submitted documentation, evidence, and other pertinent information to determine the applicant's eligibility for the SIV program.
"Under Review" suggests that the application is actively being considered and scrutinized, but a final decision has not yet been reached. This phase of the process is crucial as the COM evaluates the applicant's qualifications, ensuring they meet the necessary criteria for the SIV, which typically involves providing evidence of service to or affiliation with the U.S. government or military in Afghanistan.
While the application is under review, applicants may experience a period of waiting and uncertainty. It's recommended to remain patient and responsive to any requests for additional information or clarification from the NVC or COM's office.
How do I know that my SIV application is Documentarily Complete for COM?
Once the National Visa Center (NVC) has verified that you have submitted all the required documents for your Special Immigrant Visa (SIV) application, you will receive an email notification confirming that your case is documentarily complete. This notification indicates that all necessary documentation has been provided and your application is ready for review by the Chief of Mission (COM) designee.
The COM designee will then assess the completeness and validity of your documentation to determine your eligibility for the SIV program. It's important to note that this review process conducted by the COM designee may take several months to complete.
If you are not sure, you can send an email to AfghanSIVapplication@state.gove and ask about your case status.
For more specific information regarding processing times and updates on the progress of COM reviews, applicants can refer to the Quarterly Reports provided by the States Department.
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For more information
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