This is a guide on COM Denial Letter and Appeal in Afghan SIV Program which is developed in Frequently Asked Questions (FAQ) format. In this guide, we address common queries and concerns about the COM Denial Letter and Appeal, 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. A Denial letter from COM (Chief of Mission) signifies that an Afghan Special Immigrant Visa (SIV) application has been denied. This letter typically outlines the reasons for the denial, which could include failure to meet eligibility criteria, insufficient evidence to support the application or concerns regarding security or fraud issues. The Chief of Mission, representing the U.S. government's interests abroad, plays a crucial role in the SIV process, reviewing applications and making determinations based on established guidelines and regulations.
Join us as we navigate the essential questions surrounding the COM Denial Letter and Appeal in SIV cases, empowering individuals with knowledge and support on their journey to resettlement.
What does a Denial letter from COM mean in Afghan Special Immigrant Visa (SIV) cases?
A Denial letter from COM (Chief of Mission) signifies that an Afghan Special Immigrant Visa (SIV) application has been denied. This letter typically outlines the reasons for the denial, which could include failure to meet eligibility criteria, insufficient evidence to support the application or concerns regarding security or fraud issues. The Chief of Mission, representing the U.S. government's interests abroad, plays a crucial role in the SIV process, reviewing applications and making determinations based on established guidelines and regulations.
Receiving a Denial letter can be disheartening for applicants, as it may mean the loss of an opportunity to seek refuge in the United States due to threats or persecution faced in Afghanistan. However, it's essential to understand the reasons behind the denial and explore any available options for appeal or reconsideration.
While a Denial letter from COM represents a setback, it's important for applicants to remain proactive and explore alternative avenues for immigration relief if available. Additionally, staying informed about updates to SIV policies and regulations can help applicants make informed decisions about their next steps in pursuit of safety and security for themselves and their families.
Some Afghan SIV applicants are receiving Denial letters. What are the common reasons for Denial letters?
Denial letters for Afghan SIV applications can be issued for various reasons, and understanding these reasons is crucial for applicants seeking to address their cases effectively. Some common reasons for Denial letters include:
- Derogatory information associated with the case: Denials may occur if an applicant sends fake documents, fails a U.S. government security check and brings changes in documents, or is found to have engaged in misconduct or fraud during the SIV application process or while working with the U.S. government.
- Insufficient length of employment: This means that the applicant has worked for less than a certain period (one year) in the SIV-eligible project or institution. Previously, applicants were required to demonstrate two years of work, but a law passed in 2021 reduced the required period to one year. If an applicant's prior application was denied due to insufficient length of service, they may now be eligible for approval with the updated requirement.
- Lack of employment by or on behalf of USG/ISAF: Applicant has not worked for ISAF, the U.S. government, or a company with a U.S. government contract, and the employment was not verifiable.
- Lack of sufficient documents to make a determination: Applicant has not submitted all required documents with the necessary information to obtain approval. Failure to provide essential documentation can result in a Denial letter.
- Lack of faithful and valuable service: This could stem from derogatory information associated with the case, services associated with lack of value, termination for cause, submission of fraudulent documents, or being found ineligible for employment with the relevant U.S. institution for security reasons.
These are some of the common reasons for Denial letters received by Afghan SIV applicants. It's crucial for applicants to carefully review the specific reasons provided in their Denial letters and take appropriate steps to address them, such as providing additional documentation or seeking legal assistance if needed.
I received a denial letter, and it said “Derogatory information associated with case”, what should I consider to appeal?
Denials may occur if an applicant sends fake documents, fails a U.S. government security check and brings changes in documents, or is found to have engaged in misconduct or fraud during the SIV application process or while working with the U.S. government. If your denial letter mentions derogatory information associated with your case, there are several steps you can take to appeal the decision:
- Carefully read the denial letter to understand the specific reasons for the derogatory information associated with your case. The letter may provide details about the nature of the derogatory information and the evidence used to reach the decision.
- Collect any relevant evidence that can refute or address the derogatory information. This may include letters of recommendation, employment records, or any documentation that can support your case. If the denial letter specifies fraudulent documents, seek to obtain new letters or documents from the relevant sources to verify their authenticity.
- Contact former employers or supervisors and reach out to individuals who can provide testimony or clarification regarding the derogatory information. Request them to confirm the authenticity of any documents or letters submitted with your application and to provide new letters of recommendation if necessary. Addressing the issue by having the employer or supervisor acknowledge any mistakes from their side and affirming your own corrective actions can strengthen your case.
- If you had a security screening failure with one company but later passed security screenings at a different company, include letters of recommendation explaining this in your appeal. Provide evidence of successful security screenings to tackle this issue.
- Submit the appeal to AfghanSIVapplication@state.gov, ensuring you include your name, National Visa Center (NVC) case number, and date of birth in the email. Attach any supporting documents or evidence to substantiate your appeal.
- Consider seeking legal assistance or guidance from organizations specializing in immigration and refugee matters like IRAP as it is working together with “Beporsed”. They can provide valuable support in understanding the appeals process and help you present a strong case.
I received a denial letter stating "Lack of faithful and valuable service." What should I consider for my appeal?
This could stem from derogatory information associated with the case, services associated with lack of value, termination for cause, submission of fraudulent documents, or being found ineligible for employment with the relevant U.S. institution for security reasons. If your denial letter mentions "Lack of faithful and valuable service," there are steps you can take to strengthen your appeal:
- If the denial letter suggests that you were terminated for cause or due to a specific reason, it's important to demonstrate that you were not fired for failing to perform your job or violating company rules. Clarify the circumstances of your termination; gather any evidence that supports your faithful and valuable service to the U.S. before leaving your job.
- If there was a mistake in the reason for your termination, request a corrected employment verification letter from your former employer. This letter should accurately reflect the circumstances of your departure and the valuable service you provided.
- Provide a new letter of recommendation. If obtaining a new employment verification letter is not feasible, ask your supervisor or a senior person in the organization to provide a letter of recommendation. This letter should emphasize the value of your work for the United States and address any wrongful termination, if applicable.
- Reach out to as many supervisors as possible to obtain letters of recommendation or support that highlight the value of your service and refute any claims of lack of faithful and valuable service.
- Submit the appeal to AfghanSIVapplication@state.gov, ensuring you include your name, National Visa Center (NVC) case number, and date of birth in the email. Attach any supporting documents or evidence to substantiate your appeal.
- Consider seeking legal assistance or guidance from organizations specializing in immigration and refugee matters like IRAP as it is working together with “Beporsed”. They can provide valuable support in understanding the appeals process and help you present a strong case.
I received a denial letter and that said “Lack of sufficient documents to make a determination”, what should I consider to appeal?
The applicant has not submitted all required documents with the necessary information to obtain approval. Failure to provide essential documentation can result in a Denial letter. If you received a denial letter stating, "Lack of sufficient documents to make a determination," there are several steps you can take to strengthen your appeal:
- If the denial specifies a particular document that was not provided, ensure that you obtain and submit this document as part of your appeal. Refer to the list of required documents for your COM application and make sure you have all the necessary paperwork.
- Reach out to the person or office who wrote the letter or document that was deemed insufficient. Inquire if they were contacted by COM to verify the document and if they can provide a new letter with updated contact information. The new letter should confirm the authenticity of the original document, explain any lack of response to COM's verification request, and provide contact details for verification purposes.
- If your denial letter mentions that your letter of recommendation was incomplete, obtain a new letter of recommendation that contains all the required information. Ensure that the new letter adheres to the guidelines outlined for SIV.
- COM questions the validity of an employment verification letter, contact the author of the letter to confirm its authenticity. Request a new letter that affirms the validity of the original document and includes the necessary information for employment verification.
- Obtain a complete employment verification letter. If the denial letter indicates that your employment verification letter was incomplete, not issued by the HR department, or not intended for use in an SIV application, obtain a new employment verification letter from the HR department that contains all the required information. If your company no longer exists or lacks HR records, seek a letter from your direct supervisor or a senior person in the organization explaining the situation and providing relevant employment details.
- Submit the appeal to AfghanSIVapplication@state.gov, ensuring you include your name, National Visa Center (NVC) case number, and date of birth in the email. Attach any supporting documents or evidence to substantiate your appeal.
- Consider seeking legal assistance or guidance from organizations specializing in immigration and refugee matters like IRAP as it is working together with “Beporsed”. They can provide valuable support in understanding the appeals process and help you present a strong case.
I received a denial letter stating "Lack of employment by or on behalf of USG/ISAF," what should I consider to appeal?
Applicant has not worked for ISAF, the U.S. government, or a company with a U.S. government contract, and the employment was not verifiable. If your denial letter indicates a lack of employment by or on behalf of the USG/ISAF, there are several steps you can take to strengthen your appeal:
- If the denial letter suggests that the Contracting Officer's Representative was unable to verify the provided contract information in the U.S. government databases, it's crucial to obtain a copy of the contract from your employer or supervisor. Additionally, ensure that the contract covers the time period during which you were employed.
- The denial letter states that the submitted contract was not in effect during your employment, seek to obtain a corrected HR letter and a copy of the contract that aligns with your employment period. This evidence can support your appeal and address any discrepancies.
- If your denial is due to a lack of qualifying employment, consider gathering evidence of employment with other U.S. affiliated employers to meet the required length of employment. Submitting this information in your appeal can strengthen your case.
- Submit the appeal to AfghanSIVapplication@state.gov, ensuring you include your name, National Visa Center (NVC) case number, and date of birth in the email. Attach any supporting documents or evidence to substantiate your appeal.
- Consider seeking legal assistance or guidance from organizations specializing in immigration and refugee matters like IRAP as it is working together with “Beporsed”. They can provide valuable support in understanding the appeals process and help you present a strong case.
I received a denial letter stating "Insufficient length of employment." What should I consider to appeal?
This means that the applicant has worked for less than a certain period (one year) in the SIV-eligible project or institution. Previously, applicants were required to demonstrate two years of work, but a law passed in 2021 reduced the required period to one year. If an applicant's prior application was denied due to insufficient length of service, they may now be eligible for approval with the updated requirement. If your denial is due to insufficient length of employment, you should consider the following for your appeal:
- Review the law because as of 2021, the requirement for length of employment has been reduced from two years to one year. Ensure that you meet this updated requirement and highlight this change in your appeal.
- Gather all necessary documentation to prove at least one year of employment by or on behalf of the U.S. government or by the International Security Assistance Force (ISAF) or a successor mission. This may include letters of recommendation, employment verification letters, and any other relevant documents.
- Check the dates of your employment listed on all documents submitted with your COM application. If there are any mistakes, contact the author of the document to correct them and obtain new letters if needed.
- If you have worked for multiple employers or over multiple periods of time that add up to one or more years, submit letters of recommendation and employment verification letters from each of these employment periods.
- Submit the appeal to AfghanSIVapplication@state.gov, ensuring you include your name, National Visa Center (NVC) case number, and date of birth in the email. Attach any supporting documents or evidence to substantiate your appeal.
- If you do not have enough employment to meet the requirements for COM approval, consider working with a qualifying employer for the remaining amount of time and then submitting a new COM application. You can also add periods of employment with different employers to meet the required length of employment.
- Consider seeking legal assistance or guidance from organizations specializing in immigration and refugee matters like IRAP as it is working together with “Beporsed”. They can provide valuable support in understanding the appeals process and help you present a strong case.
I received a denial letter from COM, what should I do?
If you have received a denial letter from the Chief of Mission (COM) regarding your Afghan Special Immigrant Visa (SIV) application, you have the option to appeal this decision. Below is a guide on how to proceed with the appeal process:
- Carefully read through the denial letter to understand the reasons for the denial and any instructions provided by COM.
- Draft a formal appeal letter addressed to COM. Ensure that your appeal letter includes your full name, date of birth, and SIV case number. You can use a template provided by the SIV program for drafting your appeal letter.
- Copy the appeal letter template into a document or email where you can edit it. Fill in your personal details such as your name, date of birth, and SIV case number at the top of the letter.
- Some parts of the template may be instructions for you on how to fill in the letter. Follow these instructions carefully and delete any highlighted sections before sending the letter.
- Submit the appeal to AfghanSIVapplication@state.gov, ensuring you include your name, National Visa Center (NVC) case number, and date of birth in the email. Attach any supporting documents or evidence to substantiate your appeal.
- Remember that you must submit your appeal within 120 days of receiving the denial letter from COM. Ensure that you meet this deadline to have your appeal considered. If you miss the deadline for appealing or if your appeal is unsuccessful, you may have the option to submit a new COM application after consulting the Department of State's requirements for COM approval.
What steps should I follow to have a successful appeal for my SIV case?
To have a successful appeal for your Afghan Special Immigrant Visa (SIV) case, follow these steps:
- Step 1 - Review Denial Letter: Carefully review the denial letter from the Chief of Mission (COM) and understand the reason(s) provided for the denial. The denial letter will indicate specific reasons for the denial, which you should thoroughly understand.
- Step 2 - Gather New Evidence: If possible, gather any new evidence such as new letter of verification, new letters of recommendation, and other documents that could help overcome the reason for the denial. While new evidence is not required if you believe COM made an error, presenting additional supporting documentation can strengthen your appeal.
- Step 3 - Write Your Appeal: Craft a compelling appeal letter addressing the reasons for the denial. Include explanations of any new information or evidence you are providing and how it addresses the denial reason(s). If you believe there was an error in your application, clearly outline the discrepancy.
- Step 4 - Submit Your Appeal: Email your appeal to AfghanSIVApplication@state.gov, ensuring you include your name, National Visa Center (NVC) case number, and date of birth in the email. Attach any supporting documents or evidence to substantiate your appeal.
Additionally, familiarize yourself with the specific types of denials outlined in the denial letter and tailor your appeal strategy accordingly, which are available on the Beporsed website. Each reason for denial may require different types of evidence or arguments to challenge the decision effectively.
I have already appealed my SIV case. How long will appeal approval take?
The timeframe for appeal approval is uncertain and varies for each case. Predicting the exact processing time is challenging as it depends on various factors. These factors include the workload of the case worker, the preferences of the Chief of Mission (COM), and the submission of new documentation to support the appeal.
The status of each applicant's case is unique, and the processing time is also different. Therefore, one case may be dealt with in 3 months and another case may be dealt with in 24 months or even more. Once the COM verifies the submitted documents and determines their reliability, they will respond to the applicant with either approval or denial. It's essential for applicants to remain patient during this process and to ensure that all necessary documentation is provided promptly to expedite the review process.
While there is no definitive timeline for appeal approval, applicants can stay informed by regularly following up with the relevant authorities or agencies handling their cases.
My appeal was denied. Can I still appeal for a second time?
No, you are only permitted to submit one appeal within the designated 120-day timeframe following the initial denial. If your appeal has been unsuccessful and you still believe you qualify for the Special Immigrant Visa (SIV) program, your next course of action would be to submit a fresh SIV application. However, before reapplying, it's crucial to address and rectify any issues or deficiencies that led to the initial denial. This may involve gathering new documents or evidence to strengthen your case.
Additionally, seeking guidance from legal experts or immigration professionals can be beneficial in ensuring that your new application meets all the necessary requirements and addresses any previous shortcomings.
While it can be disheartening to receive a denial, approaching the reapplication process with diligence and attention to detail can increase your chances of a successful outcome.
My SIV case went through various stages, including At NVC, CARE checkups, and Ready before & After interview stages. Why was my case denied?
The new information indicated to NVC and COM that you are not eligible anymore and they reason is mentioned in your Denial letter. There are several potential reasons why a SIV (Special Immigrant Visa) case might be denied after progressing through multiple stages of processing:
- Any discrepancies or fraudulent information discovered during the review process can lead to denial. It's crucial to ensure that all documentation submitted with the SIV application is accurate, up-to-date, and in compliance with program requirements.
- If your employer fails to provide adequate support or verification during the application process, it can raise concerns about the authenticity of your employment history and qualifications. This lack of support may result in the denial of your case.
- If your supervisor fails to provide adequate support or verification during the application process, this lack of support may result in the denial of your case. It is even possible that your manager or supervisor has sent a letter to NVC and has stopped supporting you in the application process.
- COM may have given you a COM Approval by mistake or without confirming the documents, thanks to which other officials or officers noticed this mistake.
- NVC does not trust your employer and supervisor anymore and they might have been considered in suspicious. It can raise concerns about the authenticity of your employment history and qualifications.
- SIV eligibility is contingent upon working for a US government contractor with a direct contract. If the company or individual does not meet these criteria or has insufficient employment history, the case may be rejected.
- Cases involving allegations of serious misconduct, such as money laundering or involvement in illegal activities, can lead to denial. Additionally, if you are blacklisted or fail a polygraph test, it can negatively impact your case.
- Providing false information about family relationships, such as claiming a non-relative as a spouse or child, can result in visa denial. Any attempts to deceive immigration authorities will likely lead to rejection.
- Inconsistencies in the age of family members, such as a discrepancy between documented age and physical appearance, can raise suspicions of fraud and lead to denial.
- Any involvement in illegal activities, such as encouraging or assisting individuals to enter the US illegally, can result in visa denial. Additionally, engaging in polygamous marriages or other security breaches can lead to rejection.
If an SIV applicant has been denied COM approval due to derogatory information related to alleged fraud associated with their documents, are they prohibited from submitting an appeal with new documents, a new case, or a US contact petition for a P-1/P-2 case? Will the derogatory information flag stay associated with the case?
SIV applicants who have been denied COM (Chief of Mission) approval based on derogatory information regarding alleged fraud can still pursue several avenues for recourse. They have the option to appeal the denial, initiate a new COM application, or seek a US contact petition for a P-1/P-2 case.
While previous case information, including refusals, exists and is accessible to the Afghan SIV (ASIV) program, NVC (National Visa Center) should not refuse to send an application to COM solely based on past case details. However, the record of the applicant's previous denial due to fraud will remain associated with the case and will be considered during COM approval.
If the new application is related to the same fraudulent documents or qualifications, it is likely to yield the same result unless new documents are provided to overcome the fraud finding. However, if the new application is based on different employment or documentation, the fraud finding related to previous circumstances will still need to be addressed or overcome.
In cases where a COM application is denied due to fraud at the interview stage by the Consular Officer, it triggers ineligibility under INA A6c1, which is more serious. The fraud finding persists on the person’s record and may impact their eligibility for visas in other categories if fraud is found. However, applicants may have opportunities for waivers or appeals depending on the circumstances.
For P-1/P-2 cases, a fraud denial does appear on the applicant's subsequent USRAP (US Refugee Admissions Program) file, potentially rendering them ineligible. It's crucial for applicants to carefully address any fraud allegations and provide sufficient evidence to support their case when seeking recourse.
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